BILL NUMBER: AB 1234 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2015
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, 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 Archives 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 Archives Building
Complex also include uses to advance civic education and civic
engagement by state residents. The bill would remove authorization
for the corporation to enter into that operating agreement and
to support the operations and programs of the State
Archives and would instead 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 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: 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,
California Museum for History, Women and the Arts,
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, California Museum for History, Women and the
Arts, 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 an agreement with the
California Museum for History, Women and the Arts before the current
agreement expires at the end of the 2014-15 fiscal year, it is
necessary that this act take effect immediately.