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 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.begin insert The bill would require the operating agreementend insertbegin insert to provide for support by the Secretary of State. The bill would remove the Secretary of State and the Director of Parks and Recreation from their ex officio voting positions on the governing board of the corporation and instead make them and the State Archivist honorary nonvoting members of the board. The bill would also make technical changes.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12174 of the Government Code is
2amended to read:
(a) The Secretary of State shall administer, protect,
4develop, and interpret the Secretary of State and State Archives
5Building Complex located in Sacramento in the area bounded by
610th, 11th, O, and P Streetsbegin delete as authorized by Section 12235end delete for
7the use, education, and enjoyment of the public, including uses to
8advance civic education and civic engagement by all Californians.
9(b) The Secretary of State may enter into an operating agreement
10with the Golden State Museum Public Benefit Corporation
11(GSMPBC), formerly known as the California Archives
12Foundation, an existing
California nonprofit public benefit
13corporation, tax exempt under Section 501(c)(3) of the United
14States Internal Revenue Code, or its successor. Under the operating
15agreement with the Secretary ofbegin delete State (including the State begin insert State,end insert the corporation shall operate a museum located
16Archives),end delete
17in the Secretary of State and State Archives Building Complex,
18including development, administration, interpretation, and
19management of the museum and related public services, and
20acquiring and managing funding for the museum’s programs and
21services. The operating agreement shall
provide forbegin insert support by the
22Secretary of State, consistent with subdivision (a) and Section
2312221, includingend insert integration of State Archives artifacts, collections,
24and programs in museum exhibits and programs.
25(c) The governing board of the corporation shallbegin delete include the be the governing authority for operations funded
26Secretary of State or any Assistant Secretary of State designated
27by the Secretary of State and the Director of Parks and Recreation
28or his or her designee as ex officio voting members of the board.
29The board shallend delete
30through moneys received by the museum. The board shall submit
31an audit report annually to the Secretary of State. The Secretary
32
of State shall submit copies of the annual audit reports to the
33Director of Finance, the Chair of the Joint Legislative Audit
P3 1Committee, and the Chair of the Joint Legislative Budget
2Committee. No funds raised or assets acquired by the corporation
3shall be used for purposes inconsistent with support of the museum
4and thebegin delete State Archives.end deletebegin insert operating agreement. The Secretary of
5State, the State Archivist, and the Director of Parks and Recreation,
6or their respective designees, shall be honorary nonvoting board
7members.end insert
8(d) No later than January 10 of each year, the corporation shall
9submit the corporation business plan for the following fiscal year
10to the Director of Finance and the
Chair of the Joint Legislative
11Budget Committee for review and comment. The executive director
12of the corporation shall also submit, not less than 30 days prior to
13adoption by the governing board of the corporation, any proposed
14formal amendments to the corporation business plan to the Director
15of Finance and the Chair of the Joint Legislative Budget Committee
16for review and comment.
17(e) Fees charged to members of the public for copying,
18reproduction, and other services provided by thebegin delete State Archivesend delete
19begin insert Secretary of Stateend insert shall be at a level consistent with the costs of
20providing these services. The Secretary of State may establish an
21agreement with the corporation to provide
these services and collect
22moneys for providing these services.
23(f) Notwithstanding any other provision of law, the GSMPBC,
24or its successor, is a private nonprofit corporation and shall not be
25considered a state, local, or other public body for any purpose.
26(g) The Legislature encourages the governing board of the
27corporation to conduct its meetings in an open manner, establish
28a board membership that is representative and reflective of
29California’s rich history, and work cooperatively with the Secretary
30of State to ensure public input, confidence, and accountability in
31the museum’s use of its resources and the protection of California’s
32priceless archives, collections, and artifacts.
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