California Government Code 12174 – (a) The Secretary of State shall administer, protect, develop, …
(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.
Terms Used In California Government Code 12174
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Ex officio: Literally, by virtue of one's office.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(c) The governing board of the corporation shall include the Secretary of State or an Assistant Secretary of State designated by the Secretary of State and the Director of Parks and Recreation or the Director of Parks and Recreation’s 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, 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.
(Amended by Stats. 2021, Ch. 50, Sec. 48. (AB 378) Effective January 1, 2022.)