Amended in Assembly May 7, 2015

Amended in Assembly April 29, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1234


Introduced by Assembly Member McCarty

February 27, 2015


An act to amend Section 12174 of the Government Code, relating to state 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 Statebegin delete Archiveend deletebegin insert Archivesend insert 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 Statebegin delete Archiveend deletebegin insert Archivesend insert Building Complex also include uses to advance civic education and civic engagement by state residents. The bill would remove authorization for the corporation begin insertto enter into that operating agreement and end insertto support the operations and programs of the Statebegin delete Archives and would insteadend deletebegin insert Archives. The bill would instead authorize the Secretary of State to enter into an operating agreement with the California Museum for History, Women and the Arts and would end insert 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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 12174 of the Government Code is
2amended to read:

3

12174.  

(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 thebegin delete Golden State Museum Public Benefit Corporation
11(GSMPBC), formerly known as the California Archives
12Foundation,end delete
begin insert California Museum for History, Women and the Arts,end insert
13 an existing California nonprofit public benefit corporation, tax
14exempt under Section 501(c)(3) of the United States Internal
15Revenue Code, or its successor. Under the operating agreement
16with the Secretary of State, the corporation shall operate a museum
17located in the Secretary of State and State Archives Building
18Complex, including development, administration, interpretation,
19and management of the museum and related public services, and
20acquiring and managing funding for the museum’s programs and
21services. The operating agreement shall provide for support by the
22Secretary of State, consistent with subdivision (a) and Section
2312221, including integration of State Archives artifacts, collections,
24and programs in museum exhibits and programs.

P3    1(c) The governing board of the corporation shall be the
2governing authority for operations funded through moneys received
3by the museum. The board shall submit an audit report annually
4to the Secretary of State. The Secretary of State shall submit copies
5of the annual audit reports to the Director of Finance, the Chair of
6the Joint Legislative Audit Committee, and the Chair of the Joint
7Legislative Budget Committee. No funds raised or assets acquired
8by the corporation shall be used for purposes inconsistent with
9support of the museum and the operating agreement. The Secretary
10of State, the State Archivist, and the Director of Parks and
11Recreation, or their respective designees, shall be honorary
12nonvoting board members.

13(d) No later than January 10 of each year, the corporation shall
14submit the corporation business plan for the following fiscal year
15to the Director of Finance and the Chair of the Joint Legislative
16Budget Committee for review and comment. The executive director
17of the corporation shall also submit, not less than 30 days prior to
18adoption by the governing board of the corporation, any proposed
19formal amendments to the corporation business plan to the Director
20of Finance and the Chair of the Joint Legislative Budget Committee
21for review and comment.

22(e) Fees charged to members of the public for copying,
23reproduction, and other services provided by the Secretary of State
24shall be at a level consistent with the costs of providing these
25services. The Secretary of State may establish an agreement with
26the corporation to provide these services and collect moneys for
27providing these services.

28(f) Notwithstanding any other provision of law, thebegin delete GSMPBC,end delete
29begin insert California Museum for History, Women and the Arts,end insert or its
30successor, is a private nonprofit corporation and shall not be
31considered a state, local, or other public body for any purpose.

32(g) The Legislature encourages the governing board of the
33corporation to conduct its meetings in an open manner, establish
34a board membership that is representative and reflective of
35California’s rich history, and work cooperatively with the Secretary
36of State to ensure public input, confidence, and accountability in
37the museum’s use of its resources and the protection of California’s
38priceless archives, collections, and artifacts.

39

SEC. 2.  

This act is an urgency statute necessary for the
40immediate preservation of the public peace, health, or safety within
P4    1the meaning of Article IV of the Constitution and shall go into
2immediate effect. The facts constituting the necessity are:

3In order for the Secretary of State to enter intobegin delete agreements to
4support the operations and programs of the State Archives Building
5Complex beforeend delete
begin insert an agreement with the California Museum for
6History, Women and the Arts before the current agreement expires
7atend insert
the end of the 2014-15 fiscal year, it is necessary that this act
8take effect immediately.



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