BILL ANALYSIS Ó
AB 1234
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian Charles Calderon, Chair
AB 1234
McCarty - As Amended April 22, 2015
SUBJECT: State Archives: museum activities.
SUMMARY: This bill would amend the purposes of the
administration of the State Archive Building Complex and 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 also require the operating
agreement to provide for support by the Secretary of State and
would restructure the board of the corporation, as provided.
Specifically, this bill:
1)Requires the Secretary of State to administer, protect,
develop, and interpret the Secretary of State and State
Archives Building Complex for the use, education, and
enjoyment of the public, including uses to advance civic
education and civic engagement by all Californians.
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2)Provides that the Secretary of State may enter into an
operating agreement with the Golden State Museum Public
Benefit Corporation (GSMPBC), to operate a museum located in
the Secretary of State and State Archives Building Complex, as
specified.
3)States that the governing board of the corporation shall be
the governing authority for operations funded through moneys
received by the museum, as specified.
4)Declares that the Secretary of State, the State Archivist, and
the Director of Parks and Recreation, or their respective
designees, shall be honorary non-voting board members.
5)Requires that 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.
6)Allows the Secretary of State to establish an agreement with
the corporation to provide services, as specified, and collect
moneys for providing these services.
EXISTING LAW:
1)Requires the Secretary of State to administer the State
Archive Building Complex for the use, education, and enjoyment
of the public.
2)Authorizes the Secretary of State to enter into an operating
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agreement with the Golden State Museum Public Benefit
Corporation (GSMPBC) to operate a museum in the State Archives
Building Complex.
3)Requires that the governing board of the corporation shall
include the Secretary of State or any Assistant Secretary of
State designated by the Secretary of State and the Director of
Parks and Recreation or his or her designee as ex officio
voting members of the board.
4)Declares that "directors" means natural persons, designated in
the articles or bylaws or elected by the incorporators, and
their successors and natural persons designated, elected or
appointed by any other name or title to act as members of the
governing body of the corporation.
5)Further declares if the articles or bylaws designate that a
natural person is a director or a member of the governing body
of the corporation by reason of occupying a specified position
within the corporation or outside the corporation, without
limiting that person's right to vote as a member of the
governing body, that person shall be a director for all
purposes and shall have the same rights and obligations,
including voting rights, as the other directors.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author and sponsor's statement of need for legislation: recent
changes in law require conforming changes in the structure of
the governing board of GSMPBC. According to the author, "The
Secretary of State's duties include administering the
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Secretary of State and State Archives Building Complex 'for
the use, education, and enjoyment of the public', in addition
to Secretary of State offices and public counters for filing
business records and other official documents. The complex is
home to the State Archives and the California Museum.
"The State Archives is the official repository for state
government records with permanent value and has a vast
collection documenting California history. Under direction of
the State Archivist, the Archives has a public reference room,
provides research assistance, and exhibits items from its
collection on a limited basis in its display cases and
occasionally in California Museum exhibits. The Secretary of
State is the official custodian of the State Archives. The
California Museum opened in June of 1998 through a unique
partnership with the state as a private non-profit institution
focused on California history and culture. Each year,
thousands of school children visit the Museum, which hosts
many exhibits aligned with state education standards.
"This bill updates authority for the Secretary of State to
renew an agreement that expires June 30, 2015, with the
California Museum, which is located in the Secretary of State
and State Archives Building Complex."
The California Secretary of State is the measure's sponsor, he
adds the following in support, "Current law authorizes the
Secretary of State to enter into an operating agreement with
the nonprofit public benefit corporation that operates the
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Museum and requires that corporation to operate the Museum
under the direction of a board that includes the Secretary of
State and Director of Parks and Recreation, among other
members. The Governor and First Lady are honorary co-chairs of
the board. The operating agreement gives the Secretary power
to veto any major decision of the Museum board not in the best
interests of the state. The existing agreement expires June
30, 2015. This bill updates the statutory authority for the
Secretary of State to enter into an operating agreement with
the Museum. It does the following:
a) Changes the public official board members from "ex
officio voting members" to "honorary non-voting board
members" to conform with AB 2755 (Bocanegra).
b) Clarifies that the public use of the Secretary of State
and State Archives Building Complex include uses to advance
civic education and civic engagement by all Californians.
c) Specifies that the Secretary of State agreement with the
Museum provide for integration of State Archives artifacts,
collections, and programs in Museum exhibits and programs.
d) Makes other technical changes to remove an outdated code
reference and align statutory authority with terms of the
new agreement to be effective July 1, 2015.
e) Includes an urgency clause in order to apply to the new
agreement.
2)Amendments presented in committee add an Urgency Clause. In
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order for the measure to take effect before the expiration of
the existing operating agreement, the bill is being amended in
Committee to add an Urgency Clause.
3)California Museum activities.
One change in the operating agreement contained in this
legislation is the requirement that, the Secretary of State
must administer, protect, develop, and interpret the Secretary
of State and State Archives Building Complex for the use,
education, and enjoyment of the public, including uses to
advance civic education and civic engagement by all
Californians.
According to information found on it's website, "The
California Museum - home of the California Hall of Fame -
engages, educates and enlightens people about California's
rich history and unique contributions to the world through
ideas, innovation, the arts and culture. Through interactive
and innovative experiences, the Museum inspires men, women and
children to pursue the California dream and make a mark on
history."
Past exhibits have included: Get On Board: Stories of the LA
to Houston Freedom Riders, Extreme Engineering: The California
State Water Project, Day of the Dead: Art of Día de los
Muertos, and Riding Concrete: Skateboarding in California.
Signature events include: California Hall of Fame, California
Indians, California Missions, California's Remarkable Women,
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Constitution Wall, Health Happens Here, Sesquicentennial
Quilt, Uprooted!, and We Are All Californians.
Upcoming exhibitions include Speak Your Mind, where visitors
will be invited to weigh in on historic issues in California
that have continuing relevance today, such as immigration,
civil rights, labor unions, and air quality, in an interactive
program envisioned as part of the California Unity Center
within the California Museum.
4)Prior related legislation. AB 2755 (Bocanegra) Chapter 914,
Statutes of 2014, altered the definition of "directors" for
the purposes of the Nonprofit Corporation Law to clarify that:
(1) if the articles or bylaws designate that a natural person
is a director or a member of the governing body of the
corporation by reason of occupying a specified position within
the corporation or outside the corporation (i.e. "ex officio
directors"), without limiting that person's right to vote as a
member of the governing body, that person shall be a director
for all purposes and shall have the same rights and
obligations, including voting rights, as the other directors;
and (2) that the term "director" does not include a person who
does not have authority to vote as a member of the governing
body of the corporation, regardless of title.
REGISTERED SUPPORT / OPPOSITION:
Support
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California Secretary of State (Sponsor)
Opposition
There is no opposition on file.
Analysis Prepared by:Dana Mitchell / A.,E.,S.,T., & I.M. / (916)
319-3450