California Legislature—2015–16 Regular Session

Assembly Bill No. 1234

Introduced by Assembly Member McCarty

February 27, 2015

An act to amend Section 12174 of the Government Code, relating to state archives.

LEGISLATIVE COUNSEL’S DIGEST

AB 1234, as introduced, McCarty. State Archives: museum activities.

Existing law requires the Secretary of State to administer the State Archive Building Complex. Existing law authorizes the Secretary of State to enter into an operating agreement with the Golden State Museum Public Benefit Corporation to operate a museum in the State Archives Building Complex.

This bill would make a nonsubstantive change to this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 12174 of the Government Code 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 as authorized by Section 12235 for
the use, education, and enjoyment of the public.

(b) The Secretary of State may enter into an operating agreement
with the Golden State Museum Public Benefit Corporation
(GSMPBC), formerly known as the California Archives
Foundation, 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 (including the State
Archives), 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.
Secondarily, the corporation may support the begin delete programs and
operations end delete begin insert operations and programs end insert of the State Archives.

(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 State Archives.

(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 State Archives
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 GSMPBC,
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.