BILL NUMBER: AB 646 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 8, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member McCarty
FEBRUARY 24, 2015
An act to amend Section 2114 of the Elections Code,
relating to elections. 12174 of the Government Code,
relating to state archives, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 646, as amended, McCarty. Voter registration.
State Archives: museum activities.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
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.
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.
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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12174 of the
Government Code , as amended by Section 1 of
Chapter 33 of the Statutes of 2015, is amended to read:
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 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 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.
The Secretary of State, the State Archivist, and the
Director of Parks and Recreation, or their respective designees,
shall be honorary nonvoting board members.
(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.
SEC. 2. 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:
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.
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.