BILL ANALYSIS Ó
AB 166
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Date of Hearing: April 7, 2015
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian Charles Calderon, Chair
AB 166
(Beth Gaines) - As Amended March 11, 2015
SUBJECT: Department of General Services: Peace Officers
Memorial and Museum.
SUMMARY: Would authorize the Department of General Services
(DGS), with the consent of the Department of Corrections and
Rehabilitation (CDCR), to lease vacant real property on the
grounds of California State Prison (CSP) at Folsom to a
nonprofit entity formed especially for the implementation of the
construction and operation of a peace officers memorial and
museum facility at the prison. Specifically, this bill:
1)Authorizes DGS, with the approval of CDCR, to lease vacant
property on the grounds of CSP Folsom to a nonprofit entity
(lessee) formed specifically for the construction and
operation of a peace officers memorial and museum facility
(facility).
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2)Permits DGS to lease the specified property for the facility
in "as is" condition for a maximum 50-year term.
3)States that the operation of the facility must include, but
not be 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.
4)Makes the lessee fully responsible for the maintenance and
operation of the facility in a manner that does not disrupt
the operation of adjacent correctional facilities and exempts
the state from any liability for facility construction,
operation, improvement or maintenance.
5)Requires the lessee to begin construction of the facility
within 48 months, and to have substantially completed
construction within 72 months, of the beginning of the lease.
6)Instructs DGS, with the approval of CDCR, to provide any
necessary utility easements and specifies that utility
connections constructed by the lessee for the facility must be
separate from existing utilities used by the state and
installed at the expense of the lessee, in accordance with the
rules of the utility service providers.
7)Requires the terms of the lease to include specified
circumstances under which the leased property and all
improvements to the leased property revert to the state and
authorizes DGS under these circumstances to charge the lessee
for any costs incurred in the demolition of the facility and
restoration of the property to its pre-leased condition.
8)Clarifies that the construction and operation of the facility
are solely the responsibility of the lessee and shall not be
considered public works.
9)Requires the lessee to pay all administrative costs incurred
by DGS associated with the lease and any required easements.
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10)Subjects the lease to periodic review every five years by the
Director of DGS in order to determine whether the purposes of
the lease are being carried out.
EXISTING LAW:
1)Authorizes DGS to develop and review an inventory of property
surplus to the needs of the state in portions or their
entirety, and allows DGS, subject to legislative approval, to
sell, lease, exchange, or transfer various specified
properties for current market value, or upon terms and
conditions as DGS determines are in the best interests of the
state.
2)Authorizes DGS, with the consent of the state agency
concerned, to lease for a maximum period of five years, any
real or personal property belonging to the state, if the
Director of DGS deems the lease is not expressly prohibited by
law and is in the state's best interest.
3)Requires legislative authority for leases of state land for
periods exceeding five years and provides exemptions to the
five year limit for specified parcels.
FISCAL EFFECT: Unknown
COMMENTS:
1) Stated need for legislation and support.
The author's office states that in 1975, the Retired
Correctional Peace Officers Association founded the museum at
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Folsom State Prison and dedicated it to prison staff members
who had died from cancer. The museum is housed at Old House
#8, just inside the entrance to Folsom Prison, and is staffed
by volunteers. The author's office states that the current
museum space is too small to adequately highlight the history
of CDCR, honor the members of the profession, and help dispel
negative stereotypes. The author's office notes that several
artifacts have had to be placed in other storage areas of
Folsom Prison due to the lack of space.
This bill allows a 50-year lease for a proposed museum site on
land that is currently vacant and does not conflict with any
CDCR operational or facility plans at either Old Folsom prison
or New Folsom Prison. The facility will be built and operated
using private donations. Once a lease is approved, CDCR will
have no role or responsibility in its construction or
operation. The museum will be principally operated by
volunteers, many of whom are former CDCR correctional
officers, and overseen by DGS through periodic review.
According to the bill's sponsors, the Old Guard Foundation
(OGF), a nonprofit specifically organized to direct the
construction and eventual operation of the Museum, "The OLF
plans to sponsor, build and operate a world-class collection
of artifacts, exhibits, videos, photographs, and first-hand
descriptions of historical incidents so the public can explore
the deep and colorful history of Corrections in Folsom and
other locations across America?As a partner in the community,
the national Big House Prison Museum will help cultivate a
cooperative relationship between the Old Guard Foundation and
local businesses by promoting tourism and commerce, giving
local residents and tourists an interesting and memorable
experience."
2) Background: AB 166 is reintroduction of prior vetoed
legislation.
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AB 1503 (Gaines) of 2014 was similar to this bill but would
have required, rather than permitted, the proposed lease
between DGS, CDCR and the sponsor. AB 1503 passed through the
Legislature without a single no vote, but was vetoed by the
Governor with the following message: "Current law already
allows the state to enter into shorter leases without
specifying the lessee. Rather than forcing the state to allow
a little-known, non-governmental entity to use public property
for up to 50 years, I would prefer that supporters pursue the
existing authority provided in statute." The author responded
to this message by changing the terms to permit the DGS and
CDCR to contract with the sponsor, rather than mandate the
parties to the agreement. The author states that she is in
contact with the Governor's office, and is working with his
staff in order to avoid a similar fate for AB 166.
3) AB 166 authorizes lease consistent with prior DGS
agreements.
According to the Senate Floor analysis of AB 1503 of last
session (precursor to AB 166), "The DGS reports that it has
several leases with nonprofit organizations, most of which are
leased at below market rental value. The lease authorization
contemplated in this bill is to expand the existing
museum/memorial at Folsom State Prison.
"This bill allows DGS, CDCR, and the lessee to negotiate the
price and other terms of the lease in order to provide for the
continued use, enjoyment and new expansion of the museum on
prison property. Under existing laws, DGS is authorized to
enter into such agreements when the Director determines that
doing so is in the best interests of the state.
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"For example, DGS may lease part of Napa State Hospital for an
independent living facility 'under terms and conditions
determined by the director to be in the best interests of the
state.' Another statute authorizes DGS, "in the best
interests of the state," to re-negotiate a lease for the
purpose of establishing an educational park, for a period not
to exceed 50 years. Similarly, DGS may lease the Nurses
Cottage at the Agnew's Developmental Center to nonprofits
operating homeless shelters for $1 per month in lease
payments.
"Most relevant to this bill, existing statutes direct DGS,
upon terms and conditions that DGS deems to be in the best
interest of the state, to lease any or all of the Preston
Castle portion of the Ione Youth Facility for a term not to
exceed 55 years and for the consideration of $1 per year."
Current law restricts the length for which the state may lease
its own real property to private or other entities to no more
than five years. Any lease for longer than five years, such as
that proposed by AB 166, requires specific statutory
authority. As mentioned, various individual statutes have been
enacted over the years to allow the state to lease specific
parcels of state property in excess of five years. These
leases generally require the state to review the terms and
conditions every five years to ensure the state's interests
are protected, as does AB 166.
4) Existing prison museums in California.
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Information provided by the Pennsylvania State Department of
Corrections Eastern State Penitentiary State Museum Internet
site notes, "People are fascinated by prisons. There are more
than 100 prison museums worldwide; and in the tourist-rich
cities of San Francisco, London and Dublin, historic prisons
are the single largest attractions." In their extensive list
of existing prison museums are the following California
facilities and descriptions:
Alcatraz, San Francisco, CA, USA. Born of necessity,
perhaps even political expediency, Alcatraz represents the
federal government's response to post-Prohibition,
post-Depression America. Arguably America's most famous
prison, Alcatraz operated as a Federal Prison from 1934
until 1963.
Folsom Prison Museum, Sacramento, CA, USA. The Folsom
Prison Museum offers a look at torturous prison conditions
in decades after the California Gold Rush populated the
Sierra Nevada foothills. The museum contains artifacts and
records dating back to the 1800s.
Manzanar National Historic Site, Independence, CA, USA.
Manzanar War Relocation Center was one of ten camps at
which Japanese American citizens and resident Japanese
aliens were interned during World War II. Located at the
foot of the imposing Sierra Nevada in eastern California's
Owens Valley, Manzanar has been identified as the best
preserved of these camps.
Old Monterey Jail, Monterey, CA, USA. The Old Jail,
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located next to Colton Hall, was constructed in 1854 and
served as the City Jail until 1956. The jail was an
impenetrable fortress for its inmates; no one ever escaped
from the thick granite walls during its history.
San Quentin Prison Museum, San Quentin, CA, USA.
California established a State Prison system in 1851 in
response to increased criminal activity brought on by the
sudden influx of men seeking their fortune in the gold
fields. As it quickly became overcrowded and escapes
common, building began for a permanent facility on Pt. San
Quentin in 1852.
5) Prior related legislation.
a) AB 1503 (Gaines) of 2014 (discussed above) was similar
to this bill but would have required, rather than permitted,
the proposed lease between DGS, CDCR and the sponsor. This
bill was vetoed by Governor Brown.
b) SB 148 (Oller), Chapter 271, Statutes of 2001, directs
DGS to lease upon terms and conditions deemed in the best
interest of the state, any or all, of the Preston Castle
portion of the Ione Youth Facility for a maximum 55-year and a
lease payment of $1 per year to the nonprofit Preston Castle
Foundation for specified uses.
c)
AB 434 (Waters), Chapter 146, Statutes of 1989, authorizes DGS,
with the consent of
CDCR, to enter into a 50-year lease with the City of Folsom
for a specified parcel within
the grounds of CSP Folsom for a water reservoir. Requires the
lease to be for fair market
value and periodically reviewed every five years by the
Director of DGS.
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REGISTERED SUPPORT / OPPOSITION:
Support
Old Guard Foundation (sponsor)
Opposition
There is no opposition on file.
Analysis Prepared by:Dana Mitchell / A.,E.,S.,T., & I.M. / (916)
319-3450