BILL NUMBER: AB 1234	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	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.   archives, and declaring the
urgency thereof, to take effect immediately. 


	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 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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: 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 for the use, education, and enjoyment of the
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,
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. The operating agreement shall provide
for support by the Secretary of State, consistent with subdivision
(a) and Section 12221, including integration of State Archives
artifacts, collections, and programs in museum exhibits and programs.

   (c) The governing board of the corporation 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 operating agreement. The Secretary of State,
the State Archivist, and the Director of Parks and Recreation, or
their respective designees, shall be honorary nonvoting board
members.
   (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 Secretary of State
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.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order for the Secretary of State to enter into agreements to
support the operations and programs of the State Archives Building
Complex before the end of the 2014-15 fiscal year, it is necessary
that this act take effect immediately.