AB 646: State Archives: museum activities.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-21
Existing law requires the Secretary of State to administer the State Archives Building Complex for the use, education, and enjoyment of the public and to advance civic education and civic engagement by all Californians. Existing law authorizes the Secretary of State to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor. Existing law requires the Secretary of State, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.
This bill would remove the Secretary of State, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the corporation and, instead, would require the Secretary of State and the Director of Parks and Recreation to act as ex officio voting members of the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Secretary of State to administer the State Archives Building Complex for the use, education, and enjoyment of the public and to advance civic education and civic engagement by all Californians. Existing law authorizes the Secretary of State to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor. Existing law requires the Secretary of State, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.
This bill would remove the Secretary of State, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the corporation and, instead, would require the Secretary of State and the Director of Parks and Recreation to act as ex officio voting members of the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Secretary of State to administer the State Archives Building Complex for the use, education, and enjoyment of the public and to advance civic education and civic engagement by all Californians. Existing law authorizes the Secretary of State to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor. Existing law requires the Secretary of State, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.
This bill would remove the Secretary of State, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the corporation and, instead, would require the Secretary of State and the Director of Parks and Recreation to act as ex officio voting members of the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires a county elections official who receives an affidavit of registration from a voter who resides or claims residence in another county to forward the affidavit to the elections official for the county in which the voter resides, and further requires the elections official for the county in which the voter resides to accept the affidavit and use it as the voters permanent record of registration. Under existing law, registration by that method is effective for all elections occurring 29 or more days after receipt of the affidavit of registration by the elections official to which the affidavit was mailed or delivered by the voter.
This bill would instead provide that registration by that method is effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the elections official to which the affidavit was mailed or delivered by the voter. By requiring elections officials to process and count additional voters ballots to be handled and counted, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires a county elections official who receives an affidavit of registration from a voter who resides or claims residence in another county to forward the affidavit to the elections official for the county in which the voter resides, and further requires the elections official for the county in which the voter resides to accept the affidavit and use it as the voters permanent record of registration. Under existing law, registration by that method is effective for all elections occurring 29 or more days after receipt of the affidavit of registration by the elections official to which the affidavit was mailed or delivered by the voter.
This bill would instead provide that registration by that method is effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the elections official to which the affidavit was mailed or delivered by the voter. By requiring elections officials to process and count additional voters ballots to be handled and counted, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law, on or before September 15, requires the governing board of each school district to approve, as specified, an annual statement of all receipts and expenditures of the school district for the preceding fiscal year and file the statement, along with annual statements received from charter schools, as specified, with the county superintendent of schools. Existing law, on or before October 15, requires the county superintendent of schools to verify the mathematical accuracy of the statements and transmit a copy to the Superintendent of Public Instruction.
This bill would make nonsubstantive changes to those provisions.
Existing law, on or before September 15, requires the governing board of each school district to approve, as specified, an annual statement of all receipts and expenditures of the school district for the preceding fiscal year and file the statement, along with annual statements received from charter schools, as specified, with the county superintendent of schools. Existing law, on or before October 15, requires the county superintendent of schools to verify the mathematical accuracy of the statements and transmit a copy to the Superintendent of Public Instruction.
This bill would make nonsubstantive changes to those provisions.
(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 museums 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 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. The board 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.
(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 Californias rich history, and work cooperatively with the Secretary of State to ensure public input, confidence, and accountability in the museums use of its resources and the protection of Californias 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 without significant delay after the current agreement expires at the end of the 201415 fiscal year, it is necessary that this act take effect immediately.
(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 museums 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 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. The board 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.
(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 Californias rich history, and work cooperatively with the Secretary of State to ensure public input, confidence, and accountability in the museums use of its resources and the protection of Californias 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 without significant delay after the current agreement expires at the end of the 201415 fiscal year, it is necessary that this act take effect immediately.
(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 museums 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 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. The board 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 Californias rich history, and work cooperatively with the Secretary of State to ensure public input, confidence, and accountability in the museums use of its resources and the protection of Californias 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 without significant delay after the current agreement expires at the end of the 201415 fiscal year, it is necessary that this act take effect immediately.
SECTION 1.Section 2114 of the Elections Code is amended to read:2114.A county elections official may receive the affidavit of registration of an elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record of registration.
Registration by this method shall be effective for all elections occurring 15 or more days after receipt of the affidavit of registration by the county elections official or his or her deputy to which the affidavit is mailed or delivered by the elector.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
TheA county elections official of any county in this state may receive the affidavit of registration of any an elector who resides or claims residence in another county in this state. The affidavit shall be forwarded to the county elections official of the county in which the elector resides. The county elections official of the county in which the elector resides shall use the affidavit of registration received from the other county as his or her permanent record. record of registration.
Registration by this method shall be effective for all elections occurring 29 15 or more days after receipt of the affidavit of registration by the county elections official or his or her deputy to which the affidavit is mailed or delivered by the elector.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 42100 of the Education Code is amended to read:42100.(a)On or before September 15 of each year, the governing board of each school district shall approve, in a format prescribed by the Superintendent, an annual statement of all receipts and expenditures of the school district for the preceding fiscal year, and shall file the statement, along with the statement received pursuant to subdivision (b), with the county superintendent of schools. On or before October 15 of each year, the county superintendent of schools shall verify the mathematical accuracy of the statements and shall transmit a copy to the Superintendent.
(b)On or before September 15 of each year, each charter school shall approve, in a format prescribed by the Superintendent, an annual statement of all receipts and expenditures of the charter school for the preceding fiscal year, and shall file the statement with the entity that approved the charter school.
(c)The forms prescribed by the Superintendent shall be adopted as regulations by the state board, and may be amended periodically to accommodate changes in statute or government reporting standards.
(a)On or before September 15, 15 of each year, the governing board of each school district shall approve, in a format prescribed by the Superintendent of Public Instruction, Superintendent, an annual statement of all receipts and expenditures of the school district for the preceding fiscal year year, and shall file the statement, along with the statement received pursuant to subdivision (b), with the county superintendent of schools. On or before October 15, 15 of each year, the county superintendent of schools shall verify the mathematical accuracy of the statements and shall transmit a copy to the Superintendent of Public Instruction. Superintendent.
(b)On or before September 15, 15 of each year, each charter school shall approve, in a format prescribed by the Superintendent of Public Instruction, Superintendent, an annual statement of all receipts and expenditures of the charter school for the preceding fiscal year year, and shall file the statement with the entity that approved the charter school.
(c)The forms prescribed by the Superintendent of Public Instruction shall be adopted as regulations by the State Board of Education, state board, and may be amended periodically to accommodate changes in statute or government reporting standards.
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Date
|
Status
|
|---|---|
| Jul 9, 2015 | Withdrawn from committee. |
| Sep 21, 2015 | Chaptered by Secretary of State - Chapter 301, Statutes of 2015. |
| Sep 21, 2015 | Approved by the Governor. |
| Sep 9, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2015 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Aug 31, 2015 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2668.). |
| Aug 27, 2015 | Ordered to the unfinished business file. |
| Aug 27, 2015 | Action rescinded whereby the bill was re-referred to Com. on A.,E.,S.,T., & I.M. pursuant to Assembly Rule 77.2. |
| Aug 24, 2015 | Re-referred to Com. on A.,E.,S.,T., & I.M. pursuant to Assembly Rule 77.2. |
| Aug 20, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2118.). |
| Aug 20, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77. |
| Aug 18, 2015 | Read second time. Ordered to Consent Calendar. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jul 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 14). Re-referred to Com. on APPR. |
| Jul 13, 2015 | Re-referred to Com. on G.O. |
| Feb 24, 2015 | Read first time. To print. |
| Jul 9, 2015 | Re-referred to Com. on RLS. |
| Jul 8, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 10, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 21, 2015 | Referred to Com. on E. & C.A. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1347.) |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 30, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 29, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 29). |
| Apr 15, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 15). Re-referred to Com. on APPR. |
| Apr 6, 2015 | Re-referred to Com. on E. & R. |
| Mar 26, 2015 | Referred to Com. on E. & R. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
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Date
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Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2015 | AB 646 MCCARTY Concurrence - Urgency Added | Assembly Floor |
Passed |
|
| Aug 20, 2015 | Consent Calendar 2nd AB646 McCarty Urgency Clause | Senate Floor |
Passed |
|
| Jul 14, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
|
| May 7, 2015 | AB 646 MCCARTY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 29, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 15, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 646
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 646
(McCarty)
As Amended July 8, 2015
2/3 vote. Urgency
ASSEMBLY: |
|
(May 7, 2015) |
SENATE: |
38-0 |
(August 20, 2015) |
(vote not relevant)
Original Committee Reference: E. & R.
SUMMARY: Would remove the Secretary of State (SOS), the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the California Museum for History, Women, and the Arts (California Museum) and, instead, requires the SOS and the Director of Parks and Recreation to act as ex officio voting members of the board.
The Senate amendments strike the contents of this bill as it left the Assembly and instead provide as follows:
Remove the SOS, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the California Museum, instead, requires the SOS and the Director of Parks and Recreation to act as ex officio voting members of the board.
Include an urgency clause.
EXISTING LAW:
Requires the SOS to administer the State Archives Building Complex for the use, education and civic engagement by all Californians.
Authorizes the SOS to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor.
Requires the SOS, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "This bill corrects an issue in law that was created with the passage of AB 1234 (McCarty), Chapter 33, Statutes of 2015 and its signing on June 30, 2015. AB 1234 (McCarty) provided that the SOS and the Director of Parks and Recreation, or their respective designees, were honorary non-voting board members of the foundation's governing board. AB 646 simply restores them as voting members as was the case prior to the signing of AB 1234 (McCarty). The restoration is needed to correct a misinterpretation of current law related to the ability of an ex officio board member’s ability to vote."
Concern has been raised that the urgency clause contained in this measure may conflict with California Constitution Article IV, Section 8(d), which provides in pertinent part, "An urgency statute may not create or abolish any office or change the salary, term, or duties of any office, or grant any franchise or special privilege, or create any vested right or interest." If a successful challenge to this provision of this bill were brought, the urgency would be stricken and the changes to the statute would become law on January 1, 2016.
Analysis Prepared by: Dana Mitchell/ A.,E.,S.,T., & I.M. / (916) 319-3450 FN: 0001506
AB 646
Page 3
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 646
Amended: 7/8/15 in Senate
SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 7/14/15
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for vote
SUBJECT: State Archives: museum activities
DIGEST: This bill removes the Secretary of State (SOS), the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the California Museum for History, Women, and the Arts (California Museum) and, instead, requires the SOS and the Director of Parks and Recreation to act as ex officio voting members of the board.
ANALYSIS:
Existing law:
Requires the SOS to administer the State Archives Building Complex for the use, education and civic engagement by all Californians.
Authorizes the SOS to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor.
Requires the SOS, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.
This bill:
Removes the SOS, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the California Museum, instead, requires the SOS and the Director of Parks and Recreation to act as ex officio voting members of the board.
Includes an urgency clause.
Background
Correction to AB 1234 (McCarty). This bill corrects an issue in law that was created with the passage of AB 1234 (McCarty, Chapter 33, Statutes of 2015) and its signing on June 30, 2015. AB 1234 (McCarty) provided that the SOS and the Director of Parks and Recreation, or their respective designees, were honorary non-voting board members of the foundation’s governing board. AB 646 simply restores them as voting members as was the case prior to the signing of AB 1234 (McCarty). The restoration is needed to correct a misinterpretation of current law related to the ability of an ex officio board member’s ability to vote.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
None received
OPPOSITION: (Verified 8/17/15)
None received
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by: Felipe Lopez / G.O. / (916) 651-1530
8/18/15 14:20:57
**** END ****
AB 646 (McCarty) Page 3 of 3
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: AB 646 Hearing Date: 7/14/2015
Author: |
McCarty |
||
Version: |
7/8/2015 Amended |
||
Urgency: |
Yes |
Fiscal: |
Yes |
Consultant: |
Felipe Lopez |
||
SUBJECT: State Archives: museum activities.
DIGEST: This bill removes the Secretary of State (SOS), the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the California Museum for History, Women, and the Arts (California Museum) and, instead, would require the SOS and the Director of Parks and Recreation to act as ex officio voting members of the board.
ANALYSIS:
Existing law:
Requires the SOS to administer the State Archives Building Complex for the use, education and civic engagement by all Californians.
Authorizes the SOS to enter into an agreement to operate a museum in the State Archives Building Complex with the California Museum for History, Women and the Arts, a nonprofit public benefit corporation, or its successor.
Requires the SOS, the Director of Parks and Recreation, and the State Archivist to act as honorary nonvoting members of the governing board of the corporation.
This bill:
Removes the SOS, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on the governing board of the California Museum, instead, would require the SOS and the Director of Parks and Recreation to act as ex officio voting members of the board.
Includes an urgency clause.
Background
Correction to AB 1234 (McCarty). This bill corrects an issue in law that was created with the passage of AB 1234 (McCarty) and its signing on June 30, 2015. AB 1234 (McCarty) provided that the SOS and the Director of Parks and Recreation, or their respective designees, were honorary non-voting board members of the foundation’s governing board. AB 646 simply restores them as voting members as was the case prior to the signing of AB 1234 (McCarty). The restoration is needed to correct a misinterpretation of current law related to the ability of an ex officio board member’s ability to vote.
California Museum. The California Museum opened in June of 1998 through a unique partnership with the State of California as a private non-profit institution focused on California History and culture. Under the development of the Secretary of State’s office, the Museum was created to be the public showplace for contents of the California State Archives and it’s the home of the California Hall of Fame.
Since its opening, nearly three million people have visited the museum. The mission of the Museum is to engage, enlighten and inspire visitors about California’s rich history and its unique influence on the world of ideas, innovation, art, and culture by creating opportunities for learning about past decisions and events, present circumstances and future possibilities.
Prior/Related Legislation
AB 1234 (McCarty, Chapter 33, Statutes of 2015) updated the authority of the SOS to renew the agreement with the public benefit corporation that operates the California Museum for History, Women and the Arts, located in the SOS and State Archives Building Complex.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
None received
OPPOSITION:
None received
AB 646
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 646
(McCarty) – As Amended March 26, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
6 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill provides that a voter's registration forwarded to a county elections official by a different county elections official is effective for all elections occurring 15 or more days, as opposed to 29 or more days, after receipt by the county elections official of the mailed or delivered affidavit of registration.
FISCAL EFFECT:
Negligible fiscal impact, as the bill is consistent with current practice in most counties.
COMMENTS:
Purpose. AB 1094 (Hertzberg)/Chapter 899, Statutes of 2000, moved up the voter registration deadline from 29 days prior to an election to 15 days prior to an election. However, that bill did not make the corresponding changes to sections of the law that deal with affidavits of registration that are received by the wrong county and forwarded to the elections official in the voter's county of residence. AB 646 makes this conforming change.
Prior Legislation. AB 1201 (Fong) of 2011, an identical bill, passed the Assembly but was never heard in Senate Elections and Constitutional Amendments.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 646
Page 2
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 646
(McCarty) – As Amended March 26, 2015
SUBJECT: Voter registration.
SUMMARY: Conforms the voter registration deadline, for affidavits of registration that have been received by the wrong county, to other voter registration deadlines in existing law. Specifically, this bill provides that a voter's registration that has been forwarded to a county elections official by a different county elections official, is effective for all elections occurring 15 or more days, as opposed to 29 or more days, after receipt of the affidavit of registration by the county elections official or his or her deputy to which the affidavit is mailed or delivered by the voter.
EXISTING LAW:
Permits the county elections official of any county in this state to receive the affidavit of registration of any elector who resides or claims residence in another county in this state. Requires the affidavit be forwarded to the county elections official of the county in which the elector resides.
Requires the county elections official of the county in which the elector resides to use the affidavit of registration from the other county as his or her permanent record. Provides that registration by this method is effective for all elections occurring 29 or more days after receipt of the affidavit of registration by the county elections official or his or her deputy to which the affidavit is mailed or delivered by the elector.
Provides that a person may not be registered as a voter except by affidavit of registration. Provides that a properly executed registration is deemed effective upon receipt of the affidavit by the county elections official if received on or before the 15th day prior to an election.
FISCAL EFFECT: Unknown. State-mandated local program; contains reimbursement direction.
COMMENTS:
Purpose of the Bill: According to the author:
This bill is simply a technical conforming change to current law, established under AB 1094 (Hertzberg, Chaptered 2000), which moved the voter registration deadline up from 29 days prior to an election to 15 days prior to an election. At the time, no similar change was made dealing with voter registration affidavits which were received by the wrong county. As a result, there is inconsistency within state law on voter registration deadlines. This bill simply makes the deadline standard, across the state.
Voter Registration Deadline: In 2000, the California Legislature passed AB 1094 (Hertzberg), Chapter 899, Statutes of 2000, which moved up the voter registration deadline from 29 days prior to an election to 15 days prior to an election. However, this bill did not make the corresponding changes to sections of the law that deal with affidavits of registration that are received by the wrong county, and as a result state voter registration deadlines are inconsistent.
This bill will change the timeframe an affidavit of registration must be received in order to be processed if it was mailed to the wrong county. The timeframe established by this bill is consistent with the voter registration deadline under existing law.
Previous Legislation: AB 1201 (Fong), which is substantially similar to this bill, was approved by the Assembly by a 78-0 vote, but not heard in the Senate Elections and Constitutional Amendments Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Bill Author
Bill Co-Author(s):