BILL NUMBER: AB 1652 CHAPTERED
BILL TEXT
CHAPTER 719
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2012
APPROVED BY GOVERNOR SEPTEMBER 28, 2012
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 24, 2012
AMENDED IN SENATE AUGUST 16, 2012
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, 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
existing All Veterans Memorial 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.
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 existing All Veterans Memorial 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 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.
(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.
(e) The department, the Department of Veterans Affairs, and the
California American Portuguese Veterans Memorial Committee shall
approve the design of the memorial.
(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.
(g) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to the American
Portuguese Club Incorporated.
(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.
(i) As adopted by the Joint Committee on Rules, this memorial
shall be constructed within the existing boundary of the All 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.