Bill Text: CA AB1234 | 2015-2016 | Regular Session | Chaptered
Bill Title: State Archives: museum activities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2015-06-30 - Chaptered by Secretary of State - Chapter 33, Statutes of 2015. [AB1234 Detail]
Download: California-2015-AB1234-Chaptered.html
BILL NUMBER: AB 1234 CHAPTERED
BILL TEXT
CHAPTER 33
FILED WITH SECRETARY OF STATE JUNE 30, 2015
APPROVED BY GOVERNOR JUNE 30, 2015
PASSED THE SENATE JUNE 18, 2015
PASSED THE ASSEMBLY MAY 14, 2015
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, McCarty. State Archives: museum activities.
Existing law requires the Secretary of State to administer the
State 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 Archives Building Complex also include uses to advance
civic education and civic engagement by all Californians. 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. The bill would instead authorize the Secretary of
State to enter into that 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.
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 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 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 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.
