BILL ANALYSIS Ó AB 646 Page 1 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: 1)Remove the SOS, the Director of Parks and Recreation, and the State Archivist from their honorary, nonvoting positions on AB 646 Page 2 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. 2)Include an urgency clause. EXISTING LAW: 1)Requires the SOS to administer the State Archives Building Complex for the use, education and civic engagement by all Californians. 2)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. 3)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 AB 646 Page 3 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