BILL NUMBER: SB 134 CHAPTERED 09/16/99 CHAPTER 416 FILED WITH SECRETARY OF STATE SEPTEMBER 16, 1999 APPROVED BY GOVERNOR SEPTEMBER 16, 1999 PASSED THE SENATE AUGUST 31, 1999 PASSED THE ASSEMBLY AUGUST 26, 1999 AMENDED IN ASSEMBLY JUNE 14, 1999 AMENDED IN SENATE FEBRUARY 16, 1999 INTRODUCED BY Senator Kelley DECEMBER 23, 1998 An act to amend Sections 402 and 12174 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGEST SB 134, Kelley. State government. (1) Existing law provides that any person who maliciously or for commercial purposes uses or allows to be used any reproduction or facsimile of the Great Seal of the State in any manner whatsoever is guilty of a misdemeanor. This bill would authorize the Golden Museum Store located in Sacramento and the Capitol Bookstore and Gift Shop located in the rotunda of the restored State Capitol Building, to use the Great Seal of the State for commercial purposes. (2) Existing law 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 and authorizes the Secretary of State to enter into an operating agreement with a private, nonprofit, tax-exempt organization, currently known as the California Archives Foundation, as a public-private partnership, for the purpose of developing, administering, interpreting, and managing the State Archives Museum and related public services and for the purpose of acquiring and managing the funding for these programs and services. Existing law also requires the Board of Trustees of the California Archives Foundation to submit an audit report to the Secretary of State annually, with copies to the Director of Finance and the Chairs of the Joint Legislative Audit Committee and the Joint Legislative Budget Committee, and requires an annual foundation business plan, and any proposed formal amendments to the plan, to be submitted to the Director of Finance and the Chair of the Joint Legislative Budget Committee by specified dates. This bill would revise and recast these provisions to replace the California Archives Foundation with the Golden State Museum Public Benefit Corporation and would authorize the Secretary of State to designate any Assistant Secretary of State to serve on the board of trustees of the corporation. The bill would also require the corporation to operate the Golden State Museum under an operating agreement with the Secretary of State, delete the provisions relating to the public-private partnership of the California Archives Foundation and the State Archives, and authorize the corporation to support the programs and operations of the State Archives. The bill would also make technical and conforming changes to these provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 402 of the Government Code is amended to read: 402. (a) Every person who maliciously or for commercial purposes uses or allows to be used any reproduction or facsimile of the Great Seal of the State in any manner whatsoever is guilty of a misdemeanor. (b) Notwithstanding subdivision (a), the Great Seal of the State may be used for commercial purposes by the Golden State Museum Store located at 1020 O Street in Sacramento, and by the Capitol Bookstore and Gift Shop located in the rotunda of the restored State Capitol Building. (c) Notwithstanding subdivision (a), the California Sesquicentennial Commission may enter into an agreement to use the Great Seal of the State for officially sanctioned products of the California Sesquicentennial celebration as approved by the commission. The funds received from these sales shall revert to the California Sesquicentennial Foundation and be used only for official Sesquicentennial celebration purposes. SEC. 2. 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 as authorized by Section 12235 for the use, education, and enjoyment of the public. (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. Under the operating agreement with the Secretary of State (including the State Archives), the GSMPBC shall operate the Golden State Museum (the museum), 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. Secondarily, the GSMPBC may support the programs and operations of the State Archives. (c) Employees, volunteers, docents, members, or others working with or for the nonprofit tax-exempt organization described in subdivision (b) for purposes consistent with the mission of the organization shall be considered volunteers under Sections 3118 and 3119 of this code and Section 3363.5 of the Labor Code. (d) The Board of Trustees of the GSMPBC shall include the Secretary of State or any Assistant Secretary of State designated by the Secretary of State and the Chairperson of the California Heritage Preservation Commission as ex officio voting members of the board. The Board of Trustees of the GSMPBC shall be the governing authority for operations funded through moneys received by the GSMPBC. The Board of Trustees of the GSMPBC shall submit an audit report annually to the Secretary of State. The board shall submit copies of 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 GSMPBC shall be used for purposes inconsistent with support of the Golden State Museum and the State Archives. (e) No later than January 10 of each year, the GSMPBC shall submit the GSMPBC 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 GSMPBC shall also submit, not less than 30 days prior to adoption by the GSMPBC's Board of Trustees, any proposed formal amendments to the GSMPBC business plan to the Director of Finance and the Chair of the Joint Legislative Budget Committee for review and comment. (f) Fees charged to members of the public for copying, reproduction, and other services provided by the State Archives shall be at a level consistent with the costs of providing these services. The Secretary of State may establish an agreement with the GSMPBC to provide these services and collect moneys for providing these services.