CHAPTER 3. Secretary of State
Chapter 3 added by Stats. 1945, Ch. 111.
§§ 12152–12279 · 85 sections
ARTICLE 1. General §§ 12152–12153 · 2 sections
- § 12152 (a) To assist in the discharge of the duties of the Secretary of State’s office, the Secretary of State may appoint one Assistant Secretary of State, whose…
- § 12153 The Secretary of State shall appoint a competent person to the position of Chief of Archives. In case of the appointee’s absence or inability to perform the…
ARTICLE 2. Duties §§ 12159–12179.1 · 29 sections
- § 12159 The Secretary of State shall keep a correct record of the official acts of the legislative and executive departments of the government, and shall, when…
- § 12160 The Secretary of State is charged with custody of: (a) The enrolled copy of the Constitution. (b) All acts and resolutions passed by the Legislature. (c) The…
- § 12161 The Secretary of State shall attend at every session of the Legislature, for the purpose of receiving bills and resolutions and perform such other duties as…
- § 12162 The Secretary of State shall keep a register and attest the official acts of the Governor and shall affix the Great Seal, with the Secretary’s attestation, to…
- § 12163 The Secretary of State shall receive and record in proper books the official bonds of all officers whose bonds are required by law to be filed with the…
- § 12164 The Secretary of State shall record all conveyances made to the state, except (1) evidences of title acquired for state highway purposes and retained by the…
- § 12165 The Secretary of State shall certify and declare the result of all elections upon a question submitted to the electors of the state by either initiative or…
- § 12166 Within 100 days after the final adjournment of each session of the Legislature, the Secretary of State shall deliver to the State Printing Office the…
- § 12167 Within 60 days after the day on which a general election is held throughout the State, the Secretary of State shall deliver to the State Printing Office the…
- § 12168 On demand, the Secretary of State shall furnish, to a person paying the fees therefor, a certified copy of all or any part of a law, record, or other…
- § 12168.5 (a) When not inconsistent with other provisions of law, in lieu of filing or recording documents presented in paper format, the Secretary of State may adopt…
- § 12168.7 (a) The Legislature hereby recognizes the need to adopt uniform statewide standards for the purpose of storing and recording public records in electronic media…
- § 12169 The Secretary of State shall file in the Secretary’s office descriptions of seals in use by the different state officers and furnish those officers with new…
- § 12170 On or before the 15th day of September in each even numbered year, the Secretary of State shall report to the Governor a detailed account of all of the…
- § 12171 The Secretary of State shall compile and maintain a complete list of all districts for which certificates or copies of orders, ordinances or resolutions…
- § 12172 The Secretary of State shall, upon the request of the proponents of an initiative measure which is to be submitted to the voters of the state, review the…
- § 12172.3 The Secretary of State shall post on the Secretary’s Internet Web site and include in the pamphlet developed pursuant to Section 9018 of the Elections Code,…
- § 12172.5 (a) The Secretary of State is the chief elections officer of the state, and shall administer the provisions of the Elections Code. The Secretary of State shall…
- § 12172.6 Beginning in the year before the federal decennial census and continuing through the completion of the enumeration activities for that census, the Secretary of…
- § 12172.8 (a) It is the intent of the Legislature to affirm and inform every Californian of their right and obligation to participate in the federal decennial census…
- § 12173 (a) The Secretary of State’s office shall develop a program to utilize electronic communications and enhance the availability and accessibility of information…
- § 12174 (a) The Secretary of State shall administer, protect, develop, and interpret the Secretary of State and State Archives Building Complex located in Sacramento…
- § 12175 The Secretary of State shall keep a fee book. There shall be entered in the book all fees, commissions, and compensation of whatever nature or kind that are…
- § 12176 (a) Commencing July 1, 1992, all fees collected by the Secretary of State’s office pursuant to the Business and Professions Code, Civil Code, Code of Civil…
- § 12177 For services performed in the Secretary’s office, the Secretary of State shall charge and collect the fees fixed in this article.
- § 12178 No Member of the Legislature or state officer shall be charged for a search relative to matters appertaining to the duties of the Member’s or officer’s office,…
- § 12178.1 (a) Except for copies of documents on file prepared pursuant to Section 12182, the fee for preparing a copy of any law, resolution, record, or other document…
- § 12179 The fee for attesting each patent for land issued by the Governor is one dollar ($1) for each 160 acres, or fraction thereof.
- § 12179.1 The fee for attesting each commission, passport, or other document signed by the Governor is ten dollars ($10). A fee shall not be charged for attesting…
ARTICLE 3. Business Programs §§ 12180–12197 · 18 sections
- § 12180 The Secretary of State’s office may adopt rules and regulations as necessary to carry out this article, in accordance with Chapter 3.5 (commencing with Section…
- § 12181 The Secretary of State’s office may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested…
- § 12182 (a) The Secretary of State shall charge and collect fees as provided in this article and may also by regulation establish fees to be charged and collected for…
- § 12182.1 The Secretary of State shall establish by regulation an application, examination, and commission fee that shall not exceed the amount necessary to cover the…
- § 12183 The Secretary of State shall charge and collect the following fees for certification: (a) Certification of a document: Five dollars ($5). (b) Certificate of…
- § 12184 (a) The Secretary of State shall charge and collect a fee of one hundred fifty dollars ($150) from an entity for its conversion made pursuant to Chapter 11.5…
- § 12185 Upon the filing of any document pursuant to any provision of the Corporations Code for which there is a filing fee of twenty-five dollars ($25) or more, at the…
- § 12186 The fees for corporate filings are the following: (a) Issuing a certificate of reservation of corporate name: Ten dollars ($10). (b) Registering a corporate…
- § 12187 The general partnership filing fees are the following: (a) Filing a statement of partnership: Seventy dollars ($70). (b) Filing a statement of dissolution for…
- § 12188 The limited partnership filing fees are the following: (a) Issuing a certificate of reservation of limited partnership name: ten dollars ($10). (b) Filing a…
- § 12189 The limited liability partnership filing fees are the following: (a) Filing a registration for a registered limited liability partnership: Seventy dollars…
- § 12190 The limited liability company filing fees are the following: (a) Issuing a certificate of reservation of limited liability company name: Ten dollars ($10). (b)…
- § 12191 The miscellaneous business entity filing fees are the following: (a) Foreign associations, as defined in Sections 170 and 171 of the Corporations Code: (1)…
- § 12192 The filing fees for a nonprofit mutual benefit ridesharing corporation are the following: (a) Nonprofit mutual benefit corporation having as its sole purpose…
- § 12193 The trademark and service mark fees are the following: (a) Filing an application for registration of a trademark: Seventy dollars ($70). (b) Issuing a…
- § 12194 The fees for filing liens pursuant to the Code of Civil Procedure and for filing financing statements and other Uniform Commercial Code filings are the…
- § 12195 (a) Special filing fees for joint powers agreements are the following: (1) Filing a notice of a joint powers agreement: One dollar ($1). (2) Filing an…
- § 12197 The Secretary of State shall charge and collect, as applicable, fees for the following: (a) Service of process, as provided in Section 15800 of the…
ARTICLE 4. State Archives §§ 12220–12237 · 17 sections
- § 12220 As used in this article, “item” includes, but is not limited to, any paper, document, book, map, artifact, or other type of record.
- § 12221 The Secretary of State is the custodian of the public archives of the State.
- § 12222 The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, description, and use of the archives.
- § 12223 The Secretary of State shall receive into the archives an item that is required by law to be delivered to or filed with the Secretary of State.
- § 12223.5 The Secretary of State shall receive into the State Archives any official committee file transmitted pursuant to Section 9080 or rulemaking file transmitted…
- § 12224 The Secretary of State may receive into the archives an item that the Secretary of State deems to be of historical value.
- § 12225 The Secretary of State may at any time return to the state agency from which it was received an item in the archives which the Secretary of State does not deem…
- § 12226 With the consent of the Secretary of State, the governing body of a county or city may by order or resolution direct the transfer to the Secretary of State for…
- § 12227 The Chief of Archives is responsible for the preservation and description of material deposited in the State Archives and shall make the material readily…
- § 12228 The Chief of Archives shall give an appropriate receipt for all material received by the Chief of Archives as a part of the archives.
- § 12229 The Secretary of State may maintain an item in an active file in the Secretary’s office for such time as the Secretary of State deems proper before…
- § 12230 The Secretary of State shall establish a Document Laboratory and a Record Processing Program to facilitate the preservation and description of the archives.
- § 12231 In carrying out the provisions of this article, the Secretary of State shall consult with and give consideration to the recommendations of the California…
- § 12232 The Secretary of State shall utilize the California Historical Records Advisory Board to advise, encourage, and coordinate the activities of the county…
- § 12233 The Secretary of State shall conduct under the administration of the State Archives a regular governmental history documentation program to provide through the…
- § 12236 (a) The Secretary of State shall establish a Local Government Records Program to be administered by the State Archives to establish guidelines for local…
- § 12237 (a) Notwithstanding any provision of Division 10 (commencing with Section 7920.000) of Title 1, any provision of law that exempts from public disclosure any…
ARTICLE 5. Roster of Public Officials §§ 12240–12242 · 3 sections
- § 12240 Whenever an appropriation is made by the Legislature for the purpose, the Secretary of State shall compile, publish, and distribute a roster of the State and…
- § 12241 The Secretary of State shall cause the roster to be printed and shall distribute copies free of charge, as follows: To the Governor, 50 copies; to the…
- § 12242 No more than 120 days after each general election, the governing body of each city, county, or city and county, or their delegated local entity, including, but…
ARTICLE 6. Reinstatement of Business Entities §§ 12260–12263 · 4 sections
- § 12260 For the purposes of this article, “termination document” means the certificate or other document required by the Corporations Code that is the last certificate…
- § 12261 (a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following: (1) The factual…
- § 12262 If the Secretary of State determines that the name of a business entity that has been ordered by a court to be reinstated creates a conflict under subdivision…
- § 12263 Nothing in this article authorizes a court to order that any records of the Secretary of State be expunged. The Secretary of State shall file a certified copy…
[ARTICLE 6.5. Violations of the Public’s Right to Know Act] § 12269 · 1 section
- § 12269 The sole remedies for violations of the following provisions of this Act shall be fines of ten thousand dollars ($10,000.00) for each advertisement, contract…
ARTICLE 7. State Records Management Act §§ 12270–12279 · 11 sections
- § 12270 This article shall be known, and may be cited, as the State Records Management Act.
- § 12271 For the purposes of this article, the following terms shall have the following meanings: (a) “Acquire” includes acquisition by gift, purchase, lease, eminent…
- § 12272 (a) The Secretary of State shall establish and administer a records management program that will apply efficient and economical management methods to the…
- § 12273 Notwithstanding any other law, a record held in the State Records Center or by a state agency determined by the Secretary of State to have archival value and…
- § 12274 The head of a state agency shall do all of the following: (a) Establish and maintain an active, continuing program for the economical and efficient management…
- § 12274.5 A Records Management Coordinator of an agency shall do all of the following: (a) (1) Upon initial appointment as a Records Management Coordinator, attend a…
- § 12275 (a) A record shall not be destroyed or otherwise disposed of by an agency of the state, unless it is determined by the Secretary of State that the record has…
- § 12276 (a) The records of a state agency may be microfilmed, electronically data imaged, or otherwise photographically reproduced and certified upon the written…
- § 12277 A person, other than a temporary employee, serving in the state civil service and employed by the Department of General Services in the California State…
- § 12278 All equipment and records in the California State Records and Information Management Program in the Department of General Services are transferred to the…
- § 12279 If a record of a state agency has been lost or destroyed by conflagration or other public calamity, the Secretary of State may acquire the right to reproduce…