BILL NUMBER: AB 1503	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2014
	AMENDED IN ASSEMBLY  MARCH 3, 2014

INTRODUCED BY   Assembly Member Beth Gaines
    (   Coauthors:   Assembly Members 
 Achadjian   and Cooley   ) 

                        JANUARY 13, 2014

   An act to add Section 14672.54 to the Government Code, relating to
state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1503, as amended, Beth Gaines. Department of General Services.
   Existing law authorizes the Department of General Services, with
the consent of the Department of Corrections and Rehabilitation, to
lease a parcel of unimproved real property within the grounds of the
California State Prison at Folsom for a water reservoir, as
specified.
   This bill would require the Department of General Services, with
the consent of the Department of Corrections and Rehabilitation, to
lease vacant real property on the grounds of California State Prison
at Folsom to the Old Guard Foundation, Inc. or a similar and related
nonprofit entity, for the construction and operation of a peace
officers memorial and museum facility. This bill would require that
the lease, among other things, not exceed a 50-year term. This bill
would provide that the construction and operation of the memorial and
museum facility by the lessee pursuant to the lease are solely the
responsibility of the lessee.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14672.54 is added to the Government Code, to
read:
   14672.54.  (a) Notwithstanding Section 14670, the Department of
General Services shall lease upon terms and conditions in the best
interest of the state vacant real property on the grounds of
California State Prison at Folsom to be determined and consented to
by the Department of Corrections and Rehabilitation for the
construction and operation of a peace officers memorial and museum
facility. The lessee shall be the Old Guard Foundation, Inc., a
nonprofit corporation registered with the Secretary of State, or a
similar and related nonprofit entity formed specifically for the
implementation of the construction and operation of a peace officers
memorial and museum facility at the prison. The peace officers
memorial and museum facility shall be operated for the benefit of the
general public and members of the lessee.
   (b) The Department of General Services shall lease the property
described in subdivision (a) for a term not to exceed 50 years and
for the consideration of  one dollar ($1) per year and a
one-time payment of $50 to be paid at the beginning of the lease
term. The   a monthly rate of twenty-two cents ($0.22)
per square foot. 
    (c)     The  operation of the museum
facility  described in subdivision (a)  shall include, but
is not limited to, museums, conference rooms, classrooms, exhibits,
workshops for artifact preservation and repair, secure storage,
parking, a gift shop, and a cafeteria, snack bar, or dining area.

   (c) 
    (d)  The Department of General Services shall lease the
property described in subdivision (a) in "as is" condition. The lease
shall provide that the lessee shall be fully responsible for the
maintenance and operation of the memorial and museum facility in a
manner that does not conflict with the operation of adjacent
correctional facilities or become a public nuisance to the community.
The state shall not have any liability for any improvement,
construction, operation, or maintenance of the memorial or museum
facilities. 
   (d) 
    (e)  The lease shall require the lessee to initiate
construction of the memorial and museum facility within 48 months of
the beginning of the lease term and have substantially completed
construction within 72 months of the beginning of the lease term. The
Department of General Services, with the approval of the Department
of Corrections and Rehabilitation, shall provide any utility
easements required by a public utility for construction of the
memorial and museum facility by the lessee under terms and conditions
in the best interest of the state. Utilities connections constructed
by the lessee to the memorial and museum facility shall be separate
from existing utilities used by the state and installed at the
expense of the lessee. 
   (e) 
    (f)  The lease shall require that if at any time during
the term of the lease the lessee determines that the property is no
longer needed for a memorial or museum facility or if the Department
of General Services determines that the lessee substantially
abandoned the leased property, the leased property and all
improvements to the leased property shall revert to the state. The
lease shall provide that, at the sole discretion of the Department of
General Services, the lessee shall demolish and remove all
improvements and restore the premises to the preleased condition at
the lessee's expense, and if the lessee fails to restore the leased
property as directed by the Department of General Services, the state
may do so and all costs of the demolition and restoration shall be
paid by lessee. 
   (f) 
    (g)  The construction and operation of the memorial and
museum facility pursuant to the lease authorized by this section are
solely the responsibility of the lessee and shall not be considered
public works. 
   (g) 
    (h)  The lease shall require the lessee to pay all
administrative costs incurred by the Department of General Services
associated with the development and management of the lease and any
required easements. 
   (i) The lease authorized by this section shall be subject to
periodic review every five years by the director who shall receive a
report from the lessee and shall review that report to determine
whether the purposes of the lease are being carried out.