Amended in Senate July 8, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 646

Introduced by Assembly Member McCarty

February 24, 2015

An act to amend Section begin delete 2114 of the Elections Code, relating to elections. end delete begin insert 12174 of the Government Code, relating to state archives, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 646, as amended, McCarty. begin delete Voter registration. end delete begin insert State Archives: museum activities. end insert

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Existing law requires the Secretary of State to administer the State Archives Building Complex for the use, education, and enjoyment of the public and to advance civic education and civic engagement by all Californians. Existing law authorizes the Secretary of State to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor. Existing law requires the Secretary of State, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.

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This bill would remove the Secretary of State, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the corporation and, instead, would require the Secretary of State and the Director of Parks and Recreation to act as ex officio voting members of the board.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law requires a county elections official who receives an affidavit of registration from a voter who resides or claims residence in another county to forward the affidavit to the elections official for the county in which the voter resides, and further requires the elections official for the county in which the voter resides to accept the affidavit and use it as the voter’s permanent record of registration. Under existing law, registration by that method is effective for all elections occurring 29 or more days after receipt of the affidavit of registration by the elections official to which the affidavit was mailed or delivered by the voter.

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This bill would instead provide that registration by that method is effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the elections official to which the affidavit was mailed or delivered by the voter. By requiring elections officials to process and count additional voters’ ballots to be handled and counted, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 12174 of the end insert begin insert Government Code end insert begin insert , as
amended by Section 1 of Chapter 33 of the Statutes of 2015, is
amended to read: end insert

12174.  

(a) The Secretary of State shall administer, protect,
develop, and interpret the Secretary of State and State Archives
Building Complex located in Sacramento in the area bounded by
10th, 11th, O, and P Streets for the use, education, and enjoyment
of the public, including uses to advance civic education and civic
engagement by all Californians.

(b) The Secretary of State may enter into an operating agreement
with the California Museum for History, Women and the Arts, an
existing California nonprofit public benefit corporation, tax exempt
under Section 501(c)(3) of the United States Internal Revenue
Code, or its successor. Under the operating agreement with the
Secretary of State, the corporation shall operate a museum located
in the Secretary of State and State Archives Building Complex,
including development, administration, interpretation, and
management of the museum and related public services, and
acquiring and managing funding for the museum’s programs and
services. The operating agreement shall provide for support by the
Secretary of State, consistent with subdivision (a) and Section
12221, including integration of State Archives artifacts, collections,
and programs in museum exhibits and programs.

(c) The governing board of the corporation shall begin insert include the
Secretary of State or any Assistant Secretary of State designated
by the Secretary of State and the Director of Parks and Recreation
or his or her designee as ex officio voting members of the board.
The board shall end insert be the governing authority for operations funded
through moneys received by the museum. The board shall submit
an audit report annually to the Secretary of State. The Secretary
of State shall submit copies of the annual audit reports to the
Director of Finance, the Chair of the Joint Legislative Audit
Committee, and the Chair of the Joint Legislative Budget
Committee. No funds raised or assets acquired by the corporation
shall be used for purposes inconsistent with support of the museum
and the operating agreement. begin delete The Secretary of State, the State
Archivist, and the Director of Parks and Recreation, or their
respective designees, shall be honorary nonvoting board members. end delete

(d) No later than January 10 of each year, the corporation shall
submit the corporation business plan for the following fiscal year
to the Director of Finance and the Chair of the Joint Legislative
Budget Committee for review and comment. The executive director
of the corporation shall also submit, not less than 30 days prior to
adoption by the governing board of the corporation, any proposed
formal amendments to the corporation business plan to the Director
of Finance and the Chair of the Joint Legislative Budget Committee
for review and comment.

(e) Fees charged to members of the public for copying,
reproduction, and other services provided by the Secretary of State
shall be at a level consistent with the costs of providing these
services. The Secretary of State may establish an agreement with
the corporation to provide these services and collect moneys for
providing these services.

(f) Notwithstanding any other provision of law, the California
Museum for History, Women and the Arts, or its successor, is a
private nonprofit corporation and shall not be considered a state,
local, or other public body for any purpose.

(g) The Legislature encourages the governing board of the
corporation to conduct its meetings in an open manner, establish
a board membership that is representative and reflective of
California’s rich history, and work cooperatively with the Secretary
of State to ensure public input, confidence, and accountability in
the museum’s use of its resources and the protection of California’s
priceless archives, collections, and artifacts.

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begin insert SEC. 2. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order for the Secretary of State to enter into an agreement
with the California Museum for History, Women and the Arts
without significant delay after the current agreement expires at
the end of the 2014-15 fiscal year, it is necessary that this act take
effect immediately.

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SECTION 1.  

Section 2114 of the Elections Code is amended
to read:

2114.  

A county elections official may receive the affidavit of
registration of an elector who resides or claims residence in another
county in this state. The affidavit shall be forwarded to the county
elections official of the county in which the elector resides. The
county elections official of the county in which the elector resides
shall use the affidavit of registration received from the other county
as his or her permanent record of registration.

Registration by this method shall be effective for all elections
occurring 15 or more days after receipt of the affidavit of
registration by the county elections official or his or her deputy to
which the affidavit is mailed or delivered by the elector.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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