California Legislature—2015–16 Regular Session

Assembly BillNo. 2704


Introduced by Assembly Member Gipson

(Coauthors: Assembly Members Brown, Burke, Cooper, Holden, Jones-Sawyer, McCarty, Thurmond, and Weber)

(Coauthors: Senators Hall and Mitchell)

February 19, 2016


An act to add Section 14633 to the Government Code, relating to the State Capitol.

LEGISLATIVE COUNSEL’S DIGEST

AB 2704, as introduced, Gipson. State Capitol: Mervyn Dymally bust.

Existing law prescribes various duties for the Department of General Services in connection with development and maintenance of the park around the State Capitol Building.

This bill would authorize the Mervyn Dymally Memorial Capitol Foundation, upon establishment, in consultation with the Department of General Services, to plan a bust of Mervyn Dymally to be placed in the State Capitol Building Annex. The bill would require the Department of General Services and the Mervyn Dymally Memorial Capitol Foundation to approve the design and any other aspect of the bust. The bill would require that the planning, construction, and maintenance of the bust be funded with private donations through the Mervyn Dymally Memorial Capitol Foundation. The bill would prohibit construction of the bust until the Joint Committee on Rules has approved and adopted the plan for the bust, and the Joint Committee on Rules and the Department of Finance have determined that sufficient private funding is available to construct and maintain the bust.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 14632 is added to the Government Code,
2to read:

3

14632.  

(a) The Mervyn Dymally Memorial Capitol Foundation,
4upon establishment, may, in consultation with the Department of
5General Services, plan a bust of Mervyn Dymally to be placed in
6the State Capitol Building Annex.

7(b) The Department of General Services, in consultation with
8the Mervyn Dymally Memorial Capitol Foundation, shall
9accomplish the following goals:

10(1) Review the preliminary design plans to identify potential
11maintenance concerns.

12(2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C.
13Sec. 12101 et seq.) compliance and other safety concerns.

14(3) Review and approve proper California Environmental
15Quality Act (Division 13 (commencing with Section 21000) of
16the Public Resources Code) documents prepared for work at the
17designated historic property.

18(4) Review final construction documents to ensure that all
19requirements are met.

20(5) Prepare the right-of-entry permit outlining the final area of
21work, final construction documents, construction plans, the
22contractor hired to perform the work, insurance, bonding,
23provisions for damage to state property, and inspection
24 requirements.

25(6) Prepare a maintenance agreement outlining the Mervyn
26Dymally Memorial Capitol Foundation’s responsibility for the
27long-term maintenance of the bust due to aging, vandalism, or
28relocation.

29(7) Inspect the construction performed by the contractor selected
30by the Mervyn Dymally Memorial Capitol Foundation.

31(c) If the Mervyn Dymally Memorial Capitol Foundation
32undertakes responsibility to construct a bust under this section, it
33shall, in consultation with the Department of General Services,
34establish a schedule for the design, construction, and dedication
35of the bust, implement procedures to solicit designs for the bust,
P3    1 devise a selection process for the choice of the design, and establish
2a program for the dedication of the bust.

3(d) The Department of General Services and the Mervyn
4Dymally Memorial Capitol Foundation shall approve the design
5and any other aspect of the bust.

6(e) If the Mervyn Dymally Memorial Capitol Foundation
7undertakes responsibility to construct a bust under this section, it
8shall not begin construction of the bust until the Joint Committee
9on Rules has approved and adopted the plan for the bust, and only
10if the Joint Committee on Rules and the Department of Finance
11have determined that sufficient private funding is available to
12construct and maintain the bust.

13(f) The planning, construction, and maintenance of the bust shall
14be funded exclusively through private donations to the Mervyn
15Dymally Memorial Capitol Foundation.

16(g) If the Mervyn Dymally Memorial Capitol Foundation
17undertakes responsibility to construct a bust under this section, it
18shall sign a maintenance agreement with the state, as created under
19paragraph (6) of subdivision (b), to maintain the bust with private
20contributions.



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