BILL NUMBER: AB 646	CHAPTERED
	BILL TEXT

	CHAPTER  301
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2015
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2015
	PASSED THE SENATE  AUGUST 20, 2015
	PASSED THE ASSEMBLY  AUGUST 31, 2015
	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 12174 of the Government Code, relating to
state archives, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 646, McCarty. 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.


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.
   (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.