BILL NUMBER: AB 1652 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN ASSEMBLY MARCH 19, 2012
INTRODUCED BY Assembly Members Olsen and Valadao
(Coauthors: Assembly Members Bill Berryhill, Fletcher, Hagman,
Halderman, Miller, and Wieckowski)
(Coauthors: Senators Dutton, Fuller, and Pavley)
FEBRUARY 13, 2012
An act to add Section 14631 to the Government Code, relating to
the State Capitol, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1652, as amended, Olsen. California American Portuguese
Veterans Memorial.
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 American Portuguese Club
Incorporated, in consultation with the department and a specifically
created committee, to construct and maintain a memorial in the
Capitol Historic Region existing Capitol
Veterans Memorial Grove to honor California American Portuguese
veterans. It would require that the planning, construction, and
maintenance of the memorial be funded with private donations through
the American Portuguese Club Incorporated. It would prohibit
construction of the memorial until the master plan of the State
Capitol Park is approved and adopted by the Joint Committee on Rules
and the Joint Committee on Rules, and the Department of Finance have
determined that sufficient private funding is available to construct
and maintain the memorial.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14631 is added to the Government Code, to read:
14631. (a) The American Portuguese Club Incorporated, or any
successor entity, may, in consultation with the department, plan and
construct a memorial in the Capitol Historic Region
existing Capitol Veterans Memorial Grove to
honor California American Portuguese veterans.
(b) The California American Portuguese Veterans Memorial Committee
is hereby established and shall include as members all of the
following:
(1) The director, or his or her designee.
(2) The State Historic Preservation Officer, or his or her
designee.
(3) A Member of the Assembly appointed by the Speaker of the
Assembly.
(4) A Member of the Senate appointed by the Senate Committee on
Rules.
(c) The committee shall consult with the Department of Veterans
Affairs to identify an appropriate location for the memorial in the
Capitol Historic Region and review a memorial design.
(d)
(c) The department, in consultation with the American
Portuguese Club Incorporated, shall do all of the following:
(1) Review the preliminary design plans to identify potential
maintenance concerns.
(2) Ensure compliance with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and with any
other safety concerns.
(3) Review and approve California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) documents prepared for work at the designated historic
property.
(4) Review final construction documents to ensure that all
requirements are met.
(5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding, provisions
for damage to state property, and inspection requirements.
(6) Prepare a maintenance agreement outlining the American
Portuguese Club Incorporated's responsibility for the long-term
maintenance of the memorial due to aging, vandalism, or relocation.
(7) Inspect the construction performed by the contractor selected
by the California American Portuguese Veterans Memorial Committee.
(e)
(d) If the American Portuguese Club Incorporated
undertakes responsibility to construct a memorial under this section,
it shall, in consultation with the department, establish a schedule
for the design, construction, and dedication of the memorial,
implement procedures to solicit designs for the memorial and devise a
selection process for the choice of the design, and establish a
program for the dedication of the memorial.
(f)
(e) The department, the Department of Veterans Affairs,
and the California American Portuguese Veterans Memorial Committee
shall approve the design of the memorial.
(g)
(f) If the American Portuguese Club Incorporated
undertakes responsibility to construct a memorial under this section,
it shall not begin construction of the memorial until the master
plan of the State Capitol Park is approved and adopted by the Joint
Committee on Rules, and the Joint Committee on Rules and the
Department of Finance have determined that sufficient private funding
is available to construct and maintain the memorial.
(h)
(g) The planning, construction, and maintenance of the
memorial shall be funded exclusively through private donations to the
American Portuguese Club Incorporated.
(i)
(h) If the American Portuguese Club Incorporated
undertakes responsibility to construct a memorial under this section,
it shall sign a maintenance agreement with the state, as created
under paragraph (6) of subdivision (d), to maintain the memorial with
private contributions.
(j)
(i) As adopted by the Joint Committee on Rules, this
memorial shall be constructed within the existing boundary of the
Capitol Veterans Memorial.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
This authorization is required to begin construction on the
memorial as quickly as possible to coincide with the Portuguese
Heritage Month, established by Chapter 24 of the Statutes of 2010.