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. The bill would require the operating agreement 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.
begin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertVote: begin deletemajority end deletebegin insert2⁄3end insert.
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 Streets for the use, education, and enjoyment
7of the public, including uses to advance civic education and civic
8engagement 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 of State, the corporation shall operate
16a museum located in the Secretary of State and State Archives
17Building Complex, including development, administration,
18interpretation, and management of the museum and related public
19services, and acquiring and managing funding for the museum’s
20programs and services. The operating agreement shall provide for
21support by the Secretary of State, consistent with subdivision (a)
22and Section 12221, including integration of State Archives artifacts,
23collections, and programs in museum exhibits and programs.
24(c) The governing board of the corporation shall be the
25governing authority for operations funded through moneys received
26by the museum. The board shall submit an audit report annually
27to the Secretary of
State. The Secretary
of State shall submit copies
28of the annual audit reports to the Director of Finance, the Chair of
29the Joint Legislative Audit Committee, and the Chair of the Joint
P3 1Legislative Budget Committee. No funds raised or assets acquired
2by the corporation shall be used for purposes inconsistent with
3support of the museum and the operating agreement. The Secretary
4of State, the State Archivist, and the Director of Parks and
5Recreation, or their respective designees, shall be honorary
6nonvoting board members.
7(d) No later than January 10 of each year, the corporation shall
8submit the corporation business plan for the following fiscal year
9to the Director of Finance and the Chair of the Joint Legislative
10Budget Committee for review and comment. The executive director
11of the corporation shall also submit, not less than 30 days prior to
12adoption
by the governing board of the corporation, any proposed
13formal amendments to the corporation business plan to the Director
14of Finance and the Chair of the Joint Legislative Budget Committee
15for review and comment.
16(e) Fees charged to members of the public for copying,
17reproduction, and other services provided by the Secretary of State
18shall be at a level consistent with the costs of providing these
19services. The Secretary of State may establish an agreement with
20the corporation to provide these services and collect moneys for
21providing these services.
22(f) Notwithstanding any other provision of law, the GSMPBC,
23or its successor, is a private nonprofit corporation and shall not be
24considered a state, local, or other public body for any purpose.
25(g) The Legislature encourages the governing board of the
26corporation to conduct its meetings in an open manner, establish
27a board membership that is representative and reflective of
28California’s rich history, and work cooperatively with the Secretary
29of State to ensure public input, confidence, and accountability in
30the museum’s use of its resources and the protection of California’s
31priceless archives, collections, and artifacts.
This act is an urgency statute necessary for the
33immediate preservation of the public peace, health, or safety within
34the meaning of Article IV of the Constitution and shall go into
35immediate effect. The facts constituting the necessity are:
36In order for the Secretary of State to enter into agreements to
37support the operations and programs of the State Archives Building
P4 1Complex before the end of the 2014-15 fiscal year, it is necessary
2that this act take effect immediately.
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