BILL NUMBER: AB 1234	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

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 amended, McCarty. State Archives: museum activities.
   Existing law requires the Secretary of State to administer the
State Archive Building Complex  for the use, education, and
enjoyment of the public  . 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.
 
   This bill would provide that the purposes of that administration
of the State Archive Building Complex also include uses to advance
civic education and civic engagement by state residents. The bill
would remove authorization for the corporation to support the
operations and programs of the State Archives and would instead
require that the operating agreement provide for integration of State
Archives artifacts, collections, and programs in museum exhibits and
programs. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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.  
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 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 operations and programs
of the State Archives.   The operating agreement shall
  provide for 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 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.