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AB-260 Exposition Park Authority and California Science Center.(1999-2000)



Current Version: 08/30/00 - Amended Senate

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AB260:v91#DOCUMENT

Amended  IN  Assembly  April 06, 1999
Amended  IN  Assembly  May 03, 1999
Amended  IN  Assembly  May 06, 1999
Amended  IN  Assembly  May 25, 1999
Amended  IN  Senate  July 13, 1999
Amended  IN  Senate  June 07, 2000
Amended  IN  Senate  August 29, 2000
Amended  IN  Senate  August 30, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 260


Introduced  by  Assembly Member Wright
(Coauthor(s): Assembly Member Vincent)
(Coauthor(s): Senator Baca, Murray, Solis)

February 03, 1999


An act to amend Section 19636 of the Business and Professions Code, to amend Sections 3857, 4101, 4102, 4103, 4104, 4105, 4106, 4107, and 4108 of, to amend and renumber Section 4101.2 of, and to add Sections 4101.1, 4101.2, 4101.3, 4101.4, 4101.6, 4101.25, and 4103.5 to, and to amend the heading of Article 1 (commencing with Section 4101) of Chapter 6 of Part 3 of Division 3 of, the Food and Agricultural Code, to amend Section 12804 of the Government Code, and to amend Sections 172c, 830.3, and 830.7 of the Penal Code, and to amend Section 6366.4 of the Revenue and Taxation Code, relating to agriculture.


LEGISLATIVE COUNSEL'S DIGEST


AB 260, as amended, Wright. Exposition Park Authority and California Science Center.
(1) Existing law provides for the Sixth District Agricultural Association which is known as the California Science Center and, among other things, authorizes the California Science Center to accept funds for implementing the California Science Center Exposition Park Master Plan.
This bill would reorganize the Sixth District Agricultural Association, which would be known as the Exposition Park Authority, with a board consisting of 7 voting members, appointed as specified, and an unspecified number of additional members, including 2 persons respectively who may be designated by the City and County of Los Angeles. The bill would specify the duties and responsibilities of the board.
(2) Existing law authorizes the California Science Center to establish a space-age museum in its building at Exposition Park in the City of Los Angeles.
This bill would provide that the California Science Center shall be governed by a 9-member board of directors which shall be appointed by the Governor. In addition, the bill would specify that the California Science Center, through its board and executive officers, shall have jurisdiction only over those matters directly pertaining to the management and operation of the California Science Center. The bill further would specify that the Exposition Park Authority Board shall have the jurisdiction and control over, and shall be responsible for, the management and operation of any and all real and personal properties located in Exposition Park that are owned by the state. The bill also would require the California Science Center, through its board and executive officers, to coordinate museum events and activities with the park manager of the Exposition Park Authority. The bill would create the California Science Center Fund and the California African-American Museum Fund in the State Treasury to receive contributions for the purpose of benefitting either the California Science Center or the California African-American Museum, consistent with the California Science Center Exposition Park Master Plan. These funds would be available for these purposes upon appropriation by the Legislature.
The bill would make related and other technical, nonsubstantive changes.
The bill would state that its provisions are severable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19636 of the Business and Professions Code is amended to read:

19636.
 All money appropriated pursuant to this article to the California Exposition and State Fair, the Los Angeles County Fair, the Sixth District Agricultural Association, known and designated as the Exposition Park Authority, the citrus fruit fairs defined in Section 4603 of the Food and Agricultural Code, and the 1-A District Agricultural Association, except money allocated by the Secretary of Food and Agriculture for fair purposes under Section 19630, is exempt from Section 16304 of the Government Code, and shall remain available for expenditure from year to year until expended.

Section 19636 of the Business and Professions Code is amended to read:

19636.
 All money appropriated pursuant to this article to the California Exposition and State Fair, the Los Angeles County Fair, the Sixth District Agricultural Association, known and designated as the California Science Center Exposition Park Authority, the citrus fruit fairs defined in Section 4603 of the Food and Agricultural Code, and the 1-A District Agricultural Association, except money allocated by the Secretary of Food and Agriculture for fair purposes under Section 19627.3, is exempt from Section 16304 of the Government Code, and shall remain available for expenditure from year to year until expended.

SEC. 2.

 Section 3857 of the Food and Agricultural Code is amended to read:

3857.
 District 6 is all that portion of Los Angeles County that is not included in District 48, District 50, and District 51, and, notwithstanding any other provision of this chapter, also includes that portion of Los Angeles County within the boundaries of the 29th Senatorial District. District 6 shall be known and designated as the Exposition Park Authority.

SEC. 3.

 The heading of Article 1 (commencing with Section 4101) of Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code is amended to read:
Article  1. Exposition Park Authority

SEC. 4.

 Section 4101 of the Food and Agricultural Code is amended to read:

4101.
 The Sixth District Agricultural Association shall be known as the Exposition Park Authority. It is in the State and Consumer Services Agency and is deemed to be a tax-exempt organization as an instrumentality of this state in accordance with Section 23706 of the Revenue and Taxation Code.

SEC. 5.

 Section 4101.1 is added to the Food and Agricultural Code, to read:

4101.1.
 The Legislature finds and declares that Exposition Park contains diverse historical, cultural, educational, and sports and recreational facilities of statewide significance and that the management and operation of those facilities that are common to all entities in the park, such as, but not limited to, parking and security represent an issue of statewide concern. There are five separate institutions operating in Exposition Park, each managed by a separate governing body. They are: the California Science Center; the California African-American Museum; the Los Angeles County Museum of Natural History; the City of Los Angeles Recreation Center/Swim Stadium/Rose Garden; and the Los Angeles Memorial Coliseum and Sports Arena. In accordance with the provisions of this article, the Exposition Park Authority is hereby established to provide centralized governance and management of facilities located within Exposition Park. The Legislature further affirms its commitment that Exposition Park is a unique urban treasure containing open space, aesthetic qualities and educational and cultural facilities that must be preserved and enhanced for future generations.

SEC. 6.

 Section 4101.2 of the Food and Agricultural Code is amended and renumbered to read:

4109.
 (a) Notwithstanding any other provision of law, the Exposition Park Authority, with the approval of the Director of General Services, may enter into a long-term lease agreement, not to exceed 40 years, with terms and conditions determined by the director to be in the best interest of the state, with the Los Angeles Unified School District to convert the Armory and surrounding land in or near Exposition Park to a demonstration mathematics and science-based school.
(b) For the purposes of carrying out subdivision (a), all of the following requirements apply:
(1) Plans shall be developed by the Los Angeles Unified School District for the conversion described in subdivision (a).
(2) The Los Angeles Unified School District shall demonstrate to the Director of General Services that it has sufficient funds, from sources other than the California Science Center, to complete the conversion.
(3) The Los Angeles Unified School District shall give attention to the historical preservation of the Armory in developing plans and completing the conversion.
(4) All lease documents necessary to complete the conversion shall be approved by the Director of General Services prior to their execution.

SEC. 6.3.

 Section 4101.2 is added to the Food and Agricultural Code, to read:

4101.2.
 (a) Notwithstanding Sections 3959 and 3962, the Exposition Park Authority Board, which shall be known as the board for purposes of this article, shall consist of seven members who are residents of the sixth agricultural district and who shall be appointed as follows:
(1) Five members shall be appointed by the Governor, and shall be subject to Senate Rules Committee confirmation.
(2) One member shall be appointed by the President pro Tempore of the Senate.
(3) One member shall be appointed by the Speaker of the Assembly.
(b) For purposes of paragraph (1) of subdivision (a), the Governor may appoint any three members who served previously on the California Science Center board to serve as members of the board. In addition, for the purposes of subdivision (a), the Governor may appoint, as a nonvoting member, any elected official of a city or county in this state or a member of the California Legislature.
(c) The terms of office for members of the board are those as set forth in Sections 3960 and 3961.
(d) The City of Los Angeles and the County of Los Angeles may each designate one person to sit on the board.

SEC. 6.5.

 Section 4101.3 is added to the Food and Agricultural Code, to read:

4101.3.
 (a) The board shall commence operations by holding its first meeting upon the initial appointment of the five members, as specified in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 4101.2, and by passing a resolution assuming its duties and responsibilities as set forth in this article.
(b) The board shall have jurisdiction and control over, and be responsible for, the management and operation of any and all real and personal properties located in Exposition Park that are owned by the state. With the exception of the scheduling of park events and the resolution of conflicts, this jurisdiction does not extend to the internal management and operation of the several museums located in Exposition Park, or to the facilities owned or leased by the City of Los Angeles, the County of Los Angeles, or the Los Angeles Unified School District. In order to perform these responsibilities, the board is hereby vested with all necessary powers, including, but not limited to, all of the following:
(1) Those powers as specified in Section 4051.
(2) To establish and maintain a parkwide security system and security personnel for the purpose of providing security in both the common areas and within the individual facilities and museums owned by the state.
(3) To coordinate, in a fair and equitable manner, the scheduling of events among the various entities in the park in order to maximize the public enjoyment and utilization of all park facilities.
(4) To ensure that adequate parking is available for visitors to the California Science Center, the California African-American Museum, and other cultural and educational facilities in Exposition Park during major events at the Los Angeles Memorial Coliseum and Sports Arena.
(5) To ensure that adequate parking is provided for volunteers, staff, and board members of both the California Science Center and California African-American Museum.
(c) To the extent that any conflicts or differences arise, the board shall serve as the final arbiter of disputes and shall render a decision that is in the best interest of the surrounding community and all entities located in Exposition Park, and that enhances its educational, cultural, and open space qualities for generations to come. Any decision rendered by the board shall be final, unless otherwise specified by law.
(d) For purposes of this section and Section 4051, real property includes all parking facilities in the park that are owned by the state and the Los Angeles Memorial Coliseum and Sports Arena, and all parking facilities or other adjacent real property previously subject to the authority of the Los Angeles Memorial Coliseum Commission.

SEC. 7.

 Section 4101.4 is added to the Food and Agricultural Code, to read:

4101.4.
 The board shall designate its chief executive officer to act as park manager and to manage the common interests of the various entities in Exposition Park. The park manager shall have the authority to coordinate and manage parkwide affairs on a full-time basis and shall report directly to the board. The park manager shall control, and be responsible for, all lease and other contract negotiations entered into with entities that contract with the Exposition Park Authority relating to the use of Exposition Park and facilities within the park, subject to approval by the board.

SEC. 8.

 Section 4101.6 is added to the Food and Agricultural Code, to read:

4101.6.
 (a) Notwithstanding any other provision of law, and except as provided in subdivision (b), on and after January 1, 2001, the Los Angeles Memorial Coliseum Commission shall have no powers related to the management and operation of the Los Angeles Memorial Coliseum and Sports Arena, parking facilities, or other adjacent areas, except that the commission shall retain the power to issue revenue bonds for the Coliseum and Sports Arena pursuant to Section 6546.
(b) Notwithstanding any other provision of law, the Exposition Park Board Authority shall assume the duties of the Los Angeles Memorial Coliseum Commission in any contracts that have been entered into by the commission prior to January 1, 2001. In addition, any contracts entered into by the authority on and after January 1, 2001, shall not be subject to the State Contract Act (Pt. 2 (commencing with Sec. 10100), P.C.C.).
(c) Subdivisions (a) and (b) shall become operative when the Exposition Park Authority Board notifies the Secretary of State that a quorum of its members has been appointed. If the Exposition Park Authority Board does not notify the Secretary of State prior to January 1, 2001, that a quorum of its members has been appointed, the Los Angeles Memorial Coliseum Commission shall continue to have the authority to manage and operate those facilities specified in subdivision (a) until the occurrence of that notification.

SEC. 8.5.

 Section 4101.25 is added to the Food and Agricultural Code, to read:

4101.25.
 (a) The board shall establish an advisory board consisting of a representative from each museum and tenant entity in the Exposition Park, plus a representative from the University of Southern California and the Los Angeles Unified School District. This advisory board shall meet regularly with the park manager to improve communication and coordination among facilities and to consult and advise with the manager on any issues relating to the operations of the park in general.
(b) These representatives may also sit on the board as ex officio nonvoting members.

SEC. 9.

 Section 4102 of the Food and Agricultural Code is amended to read:

4102.
 The Exposition Park Authority, with the approval of the State and Consumer Services Agency, may build, construct, and maintain and operate a stadium or any arena, pavilion, or other building that is to be used for the holding of sports events, athletic contests, contests of skill, exhibitions, spectacles, and other public meetings. It may lease, let, or grant licenses for the use of that stadium, arena, pavilion, or other building, with the approval of the agency.

SEC. 10.

 Section 4103 of the Food and Agricultural Code is amended to read:

4103.
 (a) The California Science Center may establish a space-age museum in its building at Exposition Park in the City of Los Angeles.
(b) The California Science Center, which includes, among others, the Science Education Resource Center and the Science Center School, shall be governed by a nine-member board of directors who shall be appointed by the Governor for four-year terms. Any vacancy shall be filled for the unexpired term. The Governor shall designate from his or her appointees a chairperson of the board.
(c) The California Science Center, through its board and executive officers, shall have jurisdiction only over those matters directly pertaining to the management and operation of the California Science Center.
(d) (1) Notwithstanding any other provision of law, on and after January 1, 2000, the board of the California Science Center shall have the same duties and responsibilities with respect to the California Science Center as it had on December 31, 1999, until (A) five members are appointed to serve on the Exposition Park Authority Board pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) of Section 4101.2 and (B) the Exposition Park Authority Board convenes its first meeting and passes a resolution assuming its duties and responsibilities as specified in this article.
(2) Once all of the conditions in paragraph (1) have been met, the California Science Center board, as it existed on December 31, 1999, and its executive officers shall commence with those duties specified in subdivisions (a) to (c), inclusive.

SEC. 10.5.

 Section 4103.5 is added to the Food and Agricultural Code, to read:

4103.5.
 The California Science Center, through its board and executive officers, shall coordinate museum events and all activities with the park manager, established pursuant to Section 4101.2. The California Science Center is deemed to be a tax-exempt organization that is an instrumentality of this state in accordance with Section 23706 of the Revenue and Taxation Code.

SEC. 10.7.

 Section 4104 of the Food and Agricultural Code is amended to read:

4104.
 (a) The Legislature hereby finds and declares that there is a need for a state repository dedicated to the diverse contributions of African-Americans to the history and culture of this state and the nation.
(b) The California African-American Museum is a part of, and coexists with, the California Science Center.
(c) The California African-American Museum is governed by a seven-member board of directors. The Governor shall appoint the seven members, at least four of whom shall reside within the boundaries of the 6th Agricultural District. In addition, the Senator representing the Senate district in which the California African-American Museum is located and the Assembly Member representing the Assembly district in which the museum is located shall be ex officio nonvoting members of the board. The two legislative ex officio nonvoting members of the board shall participate in the activities of the board to the extent that their participation is not incompatible with their respective positions as Members of the Legislature. The appointees of the Governor shall be appointed to four-year terms with the initial terms of appointment expiring as follows: one term expiring January 1, 1984, one term expiring January 1, 1985, one term expiring January 1, 1986, and one term expiring January 1, 1987. The person appointed to the Advisory Board of the California Museum of African-American History and Culture by the Board of Directors of the California Science Center prior to the amendments made to this section by Chapter 1439 of the Statutes of 1987 shall serve on the Board of Directors of the California African-American Museum until the Governor makes the fifth appointment authorized pursuant to those amendments. The fifth appointment made to the board shall serve a term expiring on January 1, 1990, the sixth appointment shall serve a term expiring on January 1, 1991, and the seventh appointment shall serve a term expiring on January 1, 1992.
(d) The Board of Directors of the California African-American Museum shall have the sole authority, subject to existing state laws, regulations, and procedures, to determine how funds that have been appropriated and duly allocated by the Legislature and the Governor for support of the museum shall be expended. The board also shall have the sole authority, subject to existing state laws, regulations, and procedures, to contract with any state agency, institution, independent contractor, or private nonprofit organization that the board determines to be appropriate and qualified to assist in the operation of the museum. The board shall further have authority to establish the operations, programs, activities, and exhibitions of the California African-American Museum. The Board of Directors of the California African-American Museum shall be solely responsible for the actions taken and the expenditures made by the staff of the California African-American Museum in the scope and course of their employment.
(e) The Board of Directors of the California African-American Museum shall appoint an executive director, who shall be exempt from civil service, and any necessary staff to carry out the provisions of this section, who shall be subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The California African-American Museum shall submit its annual budget request directly to the State and Consumer Services Agency. The California African-American Museum may accept grants, contributions, and appropriations from federal, state, local, and private sources for its operation and related improvements consistent with the California Science Center Exposition Park Master Plan.
(f) The California African-American Museum shall preserve, collect, and display samples of African-American contributions to the arts, sciences, religion, education, literature, entertainment, politics, sports, and history of the state and the nation. The enrichment and historical perspective of that collection shall be made available for public use and enjoyment.
(g) The California African-American Museum shall use stationery and other supplies of the former museum and shall phase in the name change with existing resources.

SEC. 11.

 Section 4105 of the Food and Agricultural Code is amended to read:

4105.
 Notwithstanding any other provision of law, from December 14 to December 21, inclusive, of any year, the Exposition Park Authority may not charge parking fees for the parking facilities surrounding the Los Angeles Memorial Coliseum when an event is being held at any park facility by a private nonprofit charitable organization for the purpose of collection and distribution of toys and food.

SEC. 12.

 Section 4106 of the Food and Agricultural Code is amended to read:

4106.
 (a) The Exposition Park Authority shall work with the Los Angeles Memorial Coliseum Commission, the City of Los Angeles, and the County of Los Angeles to develop additional parking facilities in Exposition Park to the extent necessary to allow for expansion of the park.
(b) The Exposition Park Authority shall manage or operate its parking facilities in a manner that preserves and protects the interests of all entities located in Exposition Park, including the California Science Center, and the California African-American Museum, and shall recognize the cultural and educational character of Exposition Park.
(c) The Exposition Park Improvement Fund is hereby created in the State Treasury. All revenues received by the Exposition Park Authority from its parking facilities, or from other business activities, except income generated by the California Science Center and the California African-American Museum, shall be deposited in the Exposition Park Improvement Fund.
The California Science Center Fund and the California African-American Museum Fund are hereby created in the State Treasury. All revenues received by the California Science Center and by the California African-American Museum from their business activities shall be deposited in the California Science Center Fund and the California African-American Museum Fund.
(d) The moneys in the Exposition Park Improvement Fund may only be used, upon appropriation by the Legislature, for improvements to Exposition Park, including, but not limited to, maintenance of existing parking and museum facilities, replacement of museum equipment, supplies and wages expended to generate revenues from rental of museum facilities, development of new parking facilities, and acquisition of land within or adjacent to Exposition Park.
The moneys in the California Science Center Fund and California African-American Museum Fund may only be used, upon appropriation by the Legislature, for improvements to the California Science Center and California African-American Museum, including, but not limited to, maintenance of existing parking and museum facilities, replacement of museum equipment, supplies and wages expended to generate revenues from rental of museum facilities, development of new museum facilities, and exhibits.
(e) The Legislature hereby finds and declares that there is a need for development of additional park, recreation, museum, and parking facilities in Exposition Park pursuant to the California Science Center Exposition Park Master Plan. The Legislature recognizes that the provision of these needed improvements as identified in the California Science Center Exposition Park Master Plan may require the use of funds provided by other governmental agencies or private donors.
The California Science Center, the California African-American Museum, and the Exposition Park Authority may accept funds from other governmental agencies or private contributions for the purpose of implementation of the California Science Center Exposition Park Master Plan.
The private contributions and funds from governmental agencies other than state governmental agencies, when accepted by the Exposition Park Authority Board, California Science Center or California African-American Museum, shall be deposited in the Exposition Park Improvement Fund, California Science Center Fund or California African-American Museum Fund in the State Treasury and shall be available for expenditure without regard to fiscal years by the Exposition Park Authority, California Science Center or California African-American for implementation of the California Science Center Exposition Park Master Plan. Funds from other state governmental agencies shall be deposited in the Exposition Park Improvement Fund, California Science Center Fund or California African-American Museum Fund and shall be available for expenditure, upon appropriation, by the Exposition Park Authority, California Science Center or California African-American Museum for implementation of the California Science Center Exposition Park Master Plan.
Moneys in the California Science Center Fund and the California African-American Museum Fund shall be made available for expenditures, upon appropriation by the Legislature, by either the California Science Center or the California African-American Museum for the benefit of the entity that accepted those funds (that is, either the California Science Center or the California African-American Museum) consistent with the California Science Center Exposition Park Master Plan.
However, any expenditure is not authorized sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time as the chairperson of the joint committee, or his or her designee, may in each instance determine. Neither the City of Los Angeles nor the County of Los Angeles shall impose any tax upon tickets purchased authorizing the use of parking facilities owned by the California Science Center or the Exposition Park Authority.
(f) Nothing in this section obligates the state to provide funds for any professional sports franchise.

SEC. 13.

 Section 4107 of the Food and Agricultural Code is amended to read:

4107.
 Notwithstanding any other provision of law, a Member of the Legislature representing any district in Los Angeles County may be appointed as a director of the Exposition Park Authority.

SEC. 14.

 Section 4108 of the Food and Agricultural Code is amended to read:

4108.
 (a) The park manager, designated pursuant to Section 4101.4, may appoint the following persons:
(1) The chief and assistant chief of museum security and safety who shall have the powers of peace officers as specified in Section 830.3 of the Penal Code.
(2) Other safety officers who shall have the powers of arrest as specified in Section 830.7 of the Penal Code.
(b) The officers appointed pursuant to subdivision (a) shall provide police and security services to keep order and to preserve the peace and safety of persons and property at all state-owned property and at Exposition Park on a year-round basis.

SEC. 15.

 Section 12804 of the Government Code is amended to read:

12804.
 The Agriculture and Services Agency is hereby renamed the State and Consumer Services Agency.
The State and Consumer Services Agency consists of the following: the Department of General Services; the Department of Consumer Affairs; the Franchise Tax Board; the Public Employees’ Retirement System; the State Teachers’ Retirement System; the Department of Fair Employment and Housing; the California Science Center; the California African-American Museum; the Exposition Park Authority; and the State Building and Standards Commission.

Section 12804 of the Government Code is amended to read:

12804.
 The Agriculture and Services Agency is hereby renamed the State and Consumer Services Agency.
The State and Consumer Services Agency consists of the following: the Department of General Services; the Department of Consumer Affairs; the Franchise Tax Board; the Public Employees’ Retirement System; the State Fire Marshal; the State Teachers’ Retirement System; the Department of Fair Employment and Housing; the California Science Center; the California African-American Museum; the Exposition Park Authority; and the State Building and Standards Commission.

Section 12804 of the Government Code is amended to read:

12804.
 The Agriculture State and Consumer Services Agency is hereby renamed the State E-Goverance and Consumer Services Agency.
The State E-Goverance and Consumer Services Agency consists of the following: the Department of General Services; the Department of Consumer Affairs; the Franchise Tax Board; the Public Employees’ Retirement System; the State Fire Marshal; the State Teachers’ Retirement System; the Department of Fair Employment and Housing; the California Science Center; the California African-American Museum; the Exposition Park Authority; and the State California Building and Standards Commission.

Section 12804 of the Government Code is amended to read:

12804.
 The Agriculture E-Goverance and Consumer Services Agency is hereby renamed the State and Consumer Services Agency.
The State E-Goverance and Consumer Services Agency consists of the following: the Department of General Services; the Department of Consumer Affairs; the Franchise Tax Board; the Public Employees’ Retirement System; the State Fire Marshal; the State Teachers’ Retirement System; the Department of Fair Employment and Housing; the California Science Center; the California African-American Museum; the Exposition Park Authority; and the State California Building and Standards Commission.

SEC. 16.

 Section 172c of the Penal Code is amended to read:

172c.
 Section 172a shall not apply to the sale at auction of alcoholic beverages by a nonprofit organization at the California Science Center and the California African-American Museum located at Exposition Park, Los Angeles, California.

SEC. 17.

 Section 830.3 of the Penal Code is amended to read:

830.3.
 The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 of the Penal Code as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies:
(a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Medical Board of California and the Board of Dental Examiners, who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code. The Director of Consumer Affairs may designate as peace officers 10 persons who shall at the time of their designation be assigned to the investigations unit of the Dental Board of California.
(b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code.
(c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code.
(f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code.
(g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Services, Social Services, Mental Health, Developmental Services, and Alcohol and Drug Programs, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees’ Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of his or her department, or office. Notwithstanding any other provision of law, investigators of the Public Employees’ Retirement System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550.
(j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code.
(k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Corporations designated by the Commissioner of Corporations, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Corporations. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(m) Persons employed by the Contractors’ State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than three persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other provision of law, the persons designated pursuant to this subdivision shall not carry firearms.
(n) The chief and coordinators of the Law Enforcement Division of the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to assuring the integrity, honesty, and fairness of the operation and administration of the California State Lottery.
(q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of the Exposition Park Authority, as designated by the park manager pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code.
(s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code.
(t) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by his or her employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency’s policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry firearms by his or her employing agency shall qualify in the use of the firearms at least every six months.

SEC. 18.

 Section 830.7 of the Penal Code is amended to read:

830.7.
 The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832:
(a) Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code.
(b) Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies.
(c) Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies.
(d) Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(e) Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code.
(f) Nonpeace officers regularly employed as county parole officers pursuant to Section 3089.
(g) Persons appointed by the park manager of the Exposition Park Authority pursuant to Section 4108 of the Food and Agricultural Code.
(h) Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243.

SEC. 19.Section 6366.4 of the Revenue and Taxation Code is amended to read:
6366.4.

(a)There are exempted from the taxes imposed by this part the gross receipts from the sale of and the storage, use or other consumption in this state of tangible personal property purchased by a nonprofit museum regularly open to the public that is operated by or for a local or state government entity, or operated by a nonprofit organization which has qualified for exemption pursuant to Section 23701d, provided the property is purchased and used exclusively for display purposes within the museum.

(b)The exemption provided by this section extends only to items that have value as museum pieces and does not extend to display cases, shelving, lamps, lighting fixtures, or other items of tangible personal property utilized in the operation of a museum. However, the exemption does include sprung instant structures used as temporary exhibit housing.

(c)For purposes of this section, a “museum” includes only any of the following:

(1)A museum that has a significant portion of its space open to the public without charge.

(2)A museum open to the public without charge for not less than six hours during any month the museum is open to the public.

(3)A museum that is open to a segment of the student or adult population without charge.

(d)This section applies only to the San Diego Aero-Space Museum and the California Science Center.

SEC. 20.

SEC. 19.

 Section 1.5 of this bill incorporates amendments to Section 19636 of the Business and Professions Code proposed by both this bill and SB 2054. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 19636 of the Business and Professions Code, and (3) this bill is enacted after SB 2054, in which case Section 1 of this bill shall not become operative.
SEC. 20.(a) Section 15.3 of this bill incorporates amendments to Section 12804 of the Government Code proposed by both this bill and SB 150. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 12804 of the Government Code, and (3) SB 1136 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after SB 150, in which case Sections 15, 15.5, and 15.7 of this bill shall not become operative.
(b) Section 15.5 of this bill incorporates amendments to Section 12804 of the Government Code proposed by both this bill and SB 1136. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 12804 of the Government Code, (3) SB 150 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after SB 1136 in which case Sections 15, 15.3, and 15.7 of this bill shall not become operative.
(c) Section 15.7 of this bill incorporates amendments to Section 12804 of the Government Code proposed by this bill, SB 150, and SB 1136. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2001, (2) all three bills amend Section 12804 of the Government Code, and (3) this bill is enacted after SB 150 and SB 1136, in which case Sections 15, 15.3, and 15.5 of this bill shall not become operative.

SEC. 21.

 The provisions of this bill are severable. If any provision of this bill or its applications is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.