Commission – Name

The “Historic State Capitol Commission” shall be constituted and shall have the powers and duties as specified herein.

The Commission’s address is: 1020 N Street, Suite 255, Sacramento, CA 95814

Commission – Appointment

A. The Board shall consist of seven (7) members.

B. Three members shall be ex officio members: the State Historic Preservation Officer, the State Librarian, and the State Archivist.

C. If an ex officio member cannot attend, they may designate a representative to attend meetings with voting privileges, as set forth herein.

D. Each member shall serve until his or her successor is appointed.

E. The Appointees of the Speaker of the Assembly and the President pro Tempore of the Senate shall include one person who represents the arts or humanities and one person from the general public with interest or expertise in historic preservation.

(CA Gov. Code, Article 9, Sec. 9149.3)

Commission – Term of Office

Two members shall be appointed by the President pro Tempore of the Senate, with one member initially serving a term of two years and one member initially serving a term of six years; thereafter any appointment under this paragraph shall be for a term of six years.

Two members appointed by the Speaker of the Assembly, with one member initially serving a term of four years and one member initially serving a term of six years; thereafter, any appointment under this paragraph shall be for a term of six years.

(CA Gov. Code, Article 9, Section 9149.2)

Commission – Compensation

The members of the Commission shall serve without compensation, but shall receive reimbursement for travel and living expenses in connection with their official duties, at rates established by the Department of Personnel Administration.

(CA Gov. Code, Article 9, Sec. 9149.4).

Commission – Vacancies

A vacancy on the Commission shall be filled by appointment by the appropriate appointing agency for the remainder of the term of the former member. Resignations shall be effective upon receipt in writing to the Senate, Assembly, Chair, or Vice Chair Elect unless a later effective date is specified in the resignation.

Commission – Rules and Procedures

A. The Commission shall adopt its own rules of procedure, which shall include a provision requiring the Commission to select a Chairperson and Vice-Chair Elect from its membership.

B. Election of the Chair and Vice-Chair elect shall be at its July quarterly meeting.

C. The Chair and Vice-Chair Elect shall serve for two year terms.

D. As stated under “vacancies,” a vacancy shall be filled by appointment by the appropriate appointing agency for the remainder of the term of the former member. Should this member have been either the Chair or Vice-Chair, an emergency election will take place at the next regularly scheduled meeting. The newly-elected officer will fill the remainder of the two-year term.

E. A quorum shall be required for the Commission to take any action. A quorum shall be four members present. The Board shall act by a majority vote of the quorum.

F. The Commission shall be subject to, and shall comply with, the applicable open meeting laws.

G. All meetings of the Commission shall be open to the public.

Commission – Meetings

A. The Commission shall meet at least four times per year.

B. The Chair may call special meetings.

C. Subcommittees may be formed, consisting of three Commission members

Commission – Secretary

The Secretary, or his or her designee, shall be designated by the Joint Committee on Rules, and shall serve as a non-voting member and perform the duties required for the Commission.

Commission – Powers and Duties

A. To prepare, complete, and, from time to time, to amend, a comprehensive master plan based on a priority of needs, for the restoration, preservation, and maintenance of the Historic State Capitol.

B. To review and advise the Legislature on any development, improvement, or other physical change in any aspect of the Historic State Capitol.

C. To manage, with the approval of the Joint Committee on Rules, all historic and museum spaces and any concessions, in the Historic State Capitol.

D. To develop and manage historic art loans or other programs, exhibits, films, convocations, or other activities of an historic architectural, or cultural nature, including any museum space in the Historic State Capitol, as the Commission determines will serve the interests of the public and promote public interest in the Historic State Capitol under Joint Committee on Rules supervision.

E. To purchase for the state, or to accept as gifts to the state, any furnishings, artifacts, works of art, or other property which the Commission determines will enhance the historic and cultural aspects of the Historic State Capitol. The Commission, under supervision of the Joint Committee on Rules, shall manage all furnishings, artifacts, works of art, or other property so acquired.

F. To accept financial contributions from any source, public or private, including any advisory foundation or group.

G. To do any other act that the Commission determines will maintain or enhance the historic and cultural legacy of the Historic State Capitol.

(CA Gov. Code, Article 9, Sec. 9149.7 restated)

In carrying out its duties and responsibilities under this article, the Commission shall follow accepted standards for restoration, preservation, and maintenance of historic structures, including all of the following, where applicable and feasible:

A. Standards for historic preservation, maintenance, recordation, and documentation of landmarks, promulgated by the United States Department of the Interior or its successor (The Secretary of the Interior’s Standards for the Treatment of Historic Properties).

B. Guidelines and museum management procedures established by the National Trust for Historic Preservation or its successor.

C. Standards, procedures, and guidelines for maintenance and protection of historic properties established or administered by the State Historic Preservation Officer and the Office of Historic Preservation.

D. The management, conservation, and accession policies and procedures for historic features and artifacts developed for the Capitol Museum project interpretive program of the Joint Committee on Rules in connection with the State Capitol Restoration Project conducted under Section 9124.

E. Recommended procedures of the American Association of Museums.

(CA Gov. Code, Article 9, Sec. 9149.8 restated)

The Commission shall maintain and may utilize all historic data, research, and project files developed and gathered by the state, and in the possession of the state, in connection with the State Capitol Restoration Project. On the date that the Commission commences business, all of the written materials covered under this section shall be transferred to the State Archives to inventory, process, and store on behalf of the commission.

(CA Gov. Code, Article 9, Sec. 9149.9 restated)

The Commission may request and shall receive assistance and data, relevant to the Commission’s duties and responsibilities, from every agency of state government.

(CA Gov. Code, Article 9, Sec. 9149.10 restated)

The Commission shall maintain complete records of its proceedings and may publish reports and other publications in connection with its duties and responsibilities.

(CA Gov. Code, Article 9, Sec. 9149.11 restated)

The Commission shall use any funds appropriated to its use, or allocated to its use by the Joint Committee on Rules, donated to it. Or acquired as revenue from any concession operated in the State Capitol, only for purposes of furthering the objectives of this article.

(CA Gov. Code, Article 9, Sec. 9149.12 restated)

The Commission shall review and advise on any interagency agreement for management of concessions within the Historic State Capitol.

(CA Gov. Code, Article 9, Sec. 9149.13 restated)

The Commission may contract with any agency, public or private, for services, in connection with the Commission’s duties and responsibilities, as the Commission determines to be necessary, including, but not limited to, the Department of Parks and Recreation, in connection with the management of the Capitol Museum, as approved by the Joint Committee on Rules. These contracts shall be subject to and consistent with existing laws, rules, and state policy regarding contracts with private firms or individuals for services provided to the state.

(CA Gov. Code, Article 9, Sec. 9149.15 restated)

The Commission shall report annually to the Legislature on its activities. The Commission shall propose to the Legislature such recommendations for legislation in connection with the Historic State Capitol as the Commission determines to be necessary.

(CA Gov. Code, Article 9, Sec. 9149.16 restated)

The Commission shall be supported by allocations by the Joint Committee on Rules from the Contingent Funds of the Assembly and Senate. The Commission annually shall submit to the Joint Committee on Rules a proposed budget for each fiscal year. The budget shall be subject to approval by a majority vote of the Joint Committee on Rules.

(Ca Gov. Code, Article 9, Sec. 9149.17 restated)

Changes to By-Laws, Rules and Procedures

The Commission may change, revise, modify or replace any by-laws or procedures at any time, by the majority vote of the members at any meeting, provided that all such proposed changes are communicated in writing to all Commissioners at least ten days prior to the meeting where action is contemplated.

Parliamentary Authority

The rules contained in Robert’s Rules of Order Newly Revised, latest edition, open meeting laws, shall govern the Commission in all cases where they are applicable and in which they are not inconsistent with these by-laws and any rules and procedures the Commission may adopt.