Cal. FAC § 4105.5 — California Code / Code fac / Division 3 / Part 3 / Chapter 6 / Article 1 / Section 4105.5
Section 4105.5
Status: in_force

(a) For purposes of this section, the following terms apply:

(1) “Board” means the Board of Directors of the California African American Museum.

(2) “Foundation” means the California African American Museum Foundation.

(3) “Museum” means the California African American Museum.

(b) The Legislature finds and declares that the operation of the museum may require individual skills not generally available in state civil service to support specialized functions, such as special exhibit development and maintenance, indemnity protection, and educational and guest services programs.

(c) Notwithstanding any other law, the executive director of the museum may, with the approval of the Secretary of the Natural Resources Agency, work to establish a nongovernmental trust, to be known as the California African American Museum Foundation.

(d) The purposes of the foundation shall be all of the following:

(1) To seek funds for the museum to expand its public programming.

(2) To jointly manage a gift store or museum store onsite, the proceeds of which will be used to fund further programming at the museum as determined by the board.

(3) To jointly manage public events that promote the mission of the museum.

(4) To encourage the development of youth-based programming, particularly internship and arts-based programming that help develop employment skills in the local and regional community, with an emphasis on disadvantaged communities in or around the museum.

(e) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). To the extent of any conflict between this section and the Nonprofit Public Benefit Corporation Law, this section shall prevail.

(f) For purposes of developing the foundation, the executive director of the museum may use state funds, upon appropriation by the Legislature, to contract with any private or nonprofit law firm to help establish the foundation and provide it with general counsel for not more than one year from the date of its inception. The museum shall in no way be legally responsible for any action or decision made by the foundation.

(g) Notwithstanding any other law, the museum may develop and enter into no-bid personal services contracts, joint management agreements, lease agreements, and other contracts with the foundation subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements.

(h) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may enter into an agreement with the foundation or others to develop, solicit, sell, and service these agreements. Any fees charged, or revenues shared with the foundation or other contractors, pursuant to these agreements shall be subject to approval by the Natural Resources Agency and the Department of General Services and subject to all state audit requirements. The museum shall limit the foundation to reasonable administration fees, which fees shall cover both direct, indirect, and overhead expenses of the foundation. All revenue generated and received by the foundation pursuant to this section shall be used for the benefit of the museum, except for those reasonable administration costs incurred by the foundation in managing those funds.

(i) Notwithstanding any other law, and in accordance with written procedures established by the board, the museum may authorize the foundation to represent it for the purpose of receiving donations on its behalf both onsite, and through the use of copyrighted marketing material. If the museum provides authorization for the foundation to represent it, as described in this section, the board may require the foundation to report quarterly on revenues received and expended. All revenues generated and received by the foundation shall be used for the benefit of the museum, except those reasonable administration costs incurred by the foundation in managing those funds, which administration costs shall be determined by mutual donation agreement before the acceptance of any donations or use of any marks owned by the museum. The mutual donation agreement shall be subject to approval by the Natural Resources Agency and the Department of General Services and be subject to all state audit requirements.

(j) Consistent with any mutual donation agreement authorized in subdivision (i), the board may further authorize the foundation to use the museum for special events. The foundation shall either charge a fee for the special events or accept minimum donations in lieu of fees, which moneys shall be subject to the mutual donation agreement. All fees and donations received by the foundation for special events shall be itemized and accounted for to the board at its next regularly scheduled meeting. For all foundation managed events, the foundation shall obtain necessary insurance, and comply with all appropriate public safety and janitorial services, and shall provide its own staff or contractors to develop and manage the special event. All special events shall be preapproved by the executive director of the board, in consultation with the Natural Resources Agency.

(k) The executive director of the board, on behalf of the board, shall annually report on the status of all foundation activities to the Department of Finance regarding the various agreements and revenues identified in this section. The Department of Finance may, upon reasonable notice, examine the books and records of the foundation, and all parties in contract with the museum.

(l) On or before January 10, 2024, and annually thereafter, the Department of Finance, in coordination with the foundation, shall submit a report to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and appropriate subcommittees that consider the State Budget, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst’s Office. The report shall include, but not be limited to, all of the following:

(1) An update on foundation activities undertaken pursuant to the authorities granted in this section.

(2) Details on all joint management agreements, lease agreements, and any contracts executed between the State of California and the foundation.

(3) Revenues and expenditures associated with foundation activities at the museum.

(4) A summary of agreements entered into pursuant to subdivisions (a), (b), and (c) of Section 4104.5 that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000).

(m) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.