BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 646


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          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,      |
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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  








                                                                     AB 646


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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  








                                                                     AB 646


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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