The Historic State Capitol Commission

Article 9 deals with the Historic State Capitol Commission. Section 9149 makes a legislative finding and declaration that the historic State Capitol is a state historic and architectural legacy which must be preserved and maintained in a manner befitting the significance of the structures to the history and people of California.

In addition, it is the intention of the Legislature, in enacting this article, to provide a permanent, official body to be charged with advisory review of the maintenance, restoration, development, and management of the historic State Capitol.

Section 9149.1 defines the terms “commission,” historic state capitol,” and “historic fabric.

Section 9149.2 specifies there is in state government the Historic State Capitol Commission. It consists of seven members, including members appointed by the Assembly Speaker, President pro Tempore of the Senate, as well as the State Historic Preservation Officer, the State Librarian, and the State Archivist, who serve in an ex officio capacity.

Section 9149.3 requires the appointees of both the Speaker of the Assembly and the President pro Tempore of the Senate to include one person who represents the arts or humanities and one person from the general public.

Section 9149.4 requires the members of the commission to serve without compensation, but receive reimbursement for travel and living expenses in connection with their official duties, at rates established by the Department of Human Resources.

Section 9149.5 requires the Joint Rules Committee to appoint a Subcommittee on the Capitol Restoration Project, comprised of three members from the Senate and three from the Assembly, to monitor the commission. The legislators appointed have no vote in commission proceedings.

Section 9149.6 specifies that four members of the commission constitute a quorum to do business, and no action of the commission may be taken except upon an affirmative recorded vote of four or more members. Also, all meetings of the commission are open to the public.

Section 9149.7 provides that the commission has seven specified powers and duties. Section 9149.8 requires the commission, in carrying out its duties and responsibilities under this article, to follow accepted standards for restoration, preservation, and maintenance of historic structures, including five specified standards.

Section 9149.9 requires the commission to maintain and may utilize all historic data, research, and project files developed and gathered by 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 is transferred to the State Archives to inventory, process, and store on behalf of the commission.

Section 9149.10 allows the commission to request and receive assistance and data, relevant to the commission’s duties and responsibilities, from every agency of state government.

Section 9149.11 requires the commission to maintain complete records of its proceedings and may publish reports and other publications in connection with its duties and responsibilities.

Section 9149.12 requires the commission to use any funds appropriated to its use, or allocated to its use by the Joint Rules Committee, 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.

Section 9149.13 requires the commission to review and advise on any interagency agreement for management of concessions within the historic State Capitol.

Section 9149.14 requires the commission to employ an executive officer, who has at least three years of administrative-curatorial experience in the cultural or historic preservation fields, and staff persons as may be necessary to provide administrative services to the commission. No person may be employed as executive officer without approval, by majority vote, of the members of the Joint Rules Committee.

Section 9149.15 allows the commission to 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. These contracts are subject to and consistent with existing laws, rules, and state policy regarding contracts with private firms or individuals for services provided to the state.

Section 9149.16 requires the commission to annually report to the Legislature on its activities. The commission proposes to the Legislature recommendations for legislation in connection with the historic State Capitol as the commission determines to be necessary.

Section 9149.17 requires the commission to be supported by allocations by the Joint Rules Committee from the Contingent Funds of the Assembly and Senate. The commission annually submits to the Joint Rules Committee a proposed budget for each fiscal year. The budget is subject to approval by a majority vote of the Joint Rules Committee.