BILL ANALYSIS Ó
AB 646
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
646 (McCarty)
As Amended July 8, 2015
2/3 vote. Urgency
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|ASSEMBLY: | |(May 7, 2015) |SENATE: |38-0 |(August 20, |
| | | | | |2015) |
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(vote not relevant)
Original Committee Reference: E. & R.
SUMMARY: Would remove the Secretary of State (SOS), the
Director of Parks and Recreation, and the State Archivist from
their honorary, nonvoting positions on the governing board of
the California Museum for History, Women, and the Arts
(California Museum) and, instead, requires the SOS and the
Director of Parks and Recreation to act as ex officio voting
members of the board.
The Senate amendments strike the contents of this bill as it
left the Assembly and instead provide as follows:
1)Remove the SOS, the Director of Parks and Recreation, and the
State Archivist from their honorary, nonvoting positions on
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the governing board of the California Museum, instead,
requires the SOS and the Director of Parks and Recreation to
act as ex officio voting members of the board.
2)Include an urgency clause.
EXISTING LAW:
1)Requires the SOS to administer the State Archives Building
Complex for the use, education and civic engagement by all
Californians.
2)Authorizes the SOS 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.
3)Requires the SOS, the Director of Parks and Recreation, and
the State Archivist to act as honorary nonvoting members of
the governing board of the corporation.
FISCAL EFFECT: According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "This bill corrects an issue
in law that was created with the passage of AB 1234 (McCarty),
Chapter 33, Statutes of 2015 and its signing on June 30, 2015.
AB 1234 (McCarty) provided that the SOS and the Director of
Parks and Recreation, or their respective designees, were
honorary non-voting board members of the foundation's governing
board. AB 646 simply restores them as voting members as was the
case prior to the signing of AB 1234 (McCarty). The restoration
is needed to correct a misinterpretation of current law related
to the ability of an ex officio board member's ability to vote."
Concern has been raised that the urgency clause contained in
this measure may conflict with California Constitution Article
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IV, Section 8(d), which provides in pertinent part, "An urgency
statute may not create or abolish any office or change the
salary, term, or duties of any office, or grant any franchise or
special privilege, or create any vested right or interest." If
a successful challenge to this provision of this bill were
brought, the urgency would be stricken and the changes to the
statute would become law on January 1, 2016.
Analysis Prepared by:
Dana Mitchell/ A.,E.,S.,T., & I.M. / (916)
319-3450
FN: 0001506