BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 166|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 166
Author: Beth Gaines (R), et al.
Amended: 3/11/15 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/9/15
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer,
Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for
vote
SUBJECT: Department of General Services
SOURCE: Old Guard Foundation, Inc.
DIGEST: This bill authorizes the Department of General
Services (DGS), with consent from the Department of Corrections
and Rehabilitation (CDCR), to enter into a long-term lease for
land on the grounds of the California State Prison (CSP) at
Folsom for a non-state funded peace officers memorial and
museum.
ANALYSIS:
Existing law:
1)Authorizes DGS to develop and review an inventory of property
surplus to the needs of the state in portions or their
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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 best interests of the state.
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.
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) to be operated for the benefit of the general
public and members of the lessee.
2)Permits DGS to lease the property for the facility in an "as
is" condition for up to 50 years, with periodic review of the
lease every five years and makes the lessee fully responsible
for the maintenance and operation of the facility in a manner
that does not conflict with the operation of existing CSP
Folsom facilities.
3)Exempts the state from any liability for facility
construction, operation, improvement or maintenance.
4)Requires the lessee to begin construction of the facility
within 48 months, and to have substantially completed
construction with 72 months of the beginning of the lease.
Also, directs 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.
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5)Requires the lease terms to include specified circumstances
under which the property would revert to the state and
authorizes DGS, under such 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.
6)Makes it explicit that the construction and operation of the
facility are solely the responsibility of the lessee and shall
not be considered public works.
7)Requires the lessee to pay all administrative costs incurred
by DGS associated with the lease and any required easements.
8)Stipulates that the operation of the facility shall include,
but not be limited to, museums, conference rooms, classrooms,
exhibits, workshops for artifact preservation and repair,
storage, parking, a gift shop, and cafeteria, snack bar, or
dining area.
Background
Purpose of AB 166. The author's office states that in 1975, the
Retired Correctional Peace Officers Association founded the
museum at CSP Folsom 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 points out 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 this bill is intended to
facilitate an arrangement with DGS and CDCR to provide for an
expansion of the current museum to a larger site on prison
grounds. According to the author's office, the expanded
facility would be built and operated with private donations and
CDCR would have no role in its construction or operation once a
lease is approved. CDCR reports that it has been in
collaborative discussions with the sponsor regarding an
expansion of the existing museum. The sponsor, the Old Guard
Foundation, estimates the project will be completed in three
phases at a cost of approximately $7 million.
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Comments
Last year, AB 1503 (Beth Gaines) mandated, rather than
permitted, the proposed lease between DGS, CDCR and specifically
with the sponsor. AB 1503 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." AB 166 is permissive and does not specify a lease
with the Old Guard Foundation.
Prior/Related Legislation
SB 528 (Pan, 2015) increases the maximum term for DGS to enter
into lease agreements for the acquisition of property from five
to 11 years without requiring legislative oversight.
AB 1503 (Beth Gaines, 2014) would have required DGS, with the
consent of the CDCR, to lease vacant real property on the
grounds of Folsom State Prison 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. (Vetoed by the Governor)
SB 148 (Oller, Chapter 271, Statutes of 2001) directed 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 term not to exceed 55 years for
consideration of $1 per year to the Preston Castle Foundation
for specified uses.
AB 434 (Waters, Chapter 146, Statutes of 1989) authorized 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. Also, required that the lease be
for fair market value and periodically reviewed every five years
by DGS.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT: (Verified 6/22/15)
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Old Guard Foundation, Inc. (source)
OPPOSITION: (Verified 6/22/15)
None received
ARGUMENTS IN SUPPORT: According to the Old Guard Foundation,
a nonprofit specifically organized to direct the construction
and eventual operation of the Museum, "the Old Guard Foundation
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. Every day, the profession loses
historical artifacts and photographs, and pieces of our history
are gone forever. 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."
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,
Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Gomez
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
6/23/15 11:36:56
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