BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  AB 
          2358
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis



          AB 2358  Author:  Hagman
          As Amended:  May 22, 2012
          Hearing Date:  June 26, 2012
          Consultant:  Art Terzakis


                                     SUBJECT  
                 State Capitol Building: Ronald Reagan Memorial

                                   DESCRIPTION
           
          AB 2358 authorizes the construction of a memorial in the 
          State Capitol Building Annex to honor former Governor and 
          United States President, Ronald Reagan. Specifically, this 
          measure: 

          1)Authorizes the private Ronald Reagan Centennial Capitol 
            Foundation to plan and construct in the State Capitol 
            Building Annex a memorial to Ronald Reagan.

          2)Establishes the Ronald Reagan Memorial Review Committee, 
            to include the director of the Department of General 
            Services (DGS), the State Historic Preservation Officer, 
            a member of the Assembly appointed by the Assembly 
            Speaker, and a member of the Senate appointed by the 
            Senate Committee on Rules.

          3)Requires the committee to consult with the foundation to 
            identify an appropriate location and design for the 
            memorial.

          4)Requires DGS, in consultation with the foundation, to 
            review preliminary designs, ensure compliance with the 
            American with Disabilities Act (ADA), review and approve 
            California Environmental Quality Act (CEQA) documents, 
            review final construction documents, prepare the 




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            right-of-entry permit as specified, prepare a maintenance 
            agreement and inspect the construction performed by the 
            contractor selected by the foundation. 

          5)Requires the memorial design and any other aspect of the 
            memorial be approved by DGS and the committee.

          6)Requires that the planning, construction and maintenance 
            of the memorial be funded exclusively through private 
            donations to the foundation and requires the Department 
            of Finance to determine sufficient private funding is 
            available to construct and maintain the memorial.

          7)Requires the foundation, if it elects to undertake 
            responsibility for construction of the memorial, to sign 
            a maintenance agreement with the state to maintain the 
            memorial with private contributions.

                                   EXISTING LAW

           Existing law establishes the State Capitol Park as a unit 
          of the state park system.  The State Capitol Park is part 
          of the Capitol Historic Region of the state park system, 
          which also includes the State Capitol Museum and several 
          other historic state park units.  The State Capitol Park is 
          a unit of the state park system but is managed by DGS.

          Existing law grants DGS general authority for planning, 
          leasing, managing, disposing of state property including 
          maintenance of the park around the State Capitol Building.  

          Existing law also provides for the placement of certain 
          memorials on the grounds of the State Capitol. 

          Existing law grants the Joint Rules Committee exclusive 
          authority to allocate space in the State Capitol Building 
          Annex except for the first floor of the building which is 
          under the control of DGS.  The State Capitol Building Annex 
          is the annex to the historic State Capitol, constructed to 
          the east of the original building, situated in the area 
          bounded by 10th, L, 15th and N Streets in the City of 
          Sacramento.  The east Annex was completed in 1952 to house 
          the Governor and the Lieutenant Governor and to provide 
          additional office space and committee rooms for the 
          Legislature.
             




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                                   BACKGROUND
           
          The author's office states that President Ronald Reagan is 
          an American icon whose political career began in the 
          California State Capitol, specifically the East Wing or 
          Capitol Annex - there have been 44 United States Presidents 
          and only one of whom ever occupied the "corner office" of 
          California's State Capitol Building.  The author's office 
          believes that President Reagan remains one of the most 
          influential leaders in both this state and the country's 
          history and deserves to be honored for his significant 
          political presence in the halls of California's Capitol.  

          The author's office notes that in state capitols across the 
          country, memorials stand in tribute to past presidents.  
          For example, a statue of President Jimmy Carter welcomes 
          guests at Georgia's capitol; President Lyndon B. Johnson 
          stands tall at the Texas Capitol in Austin; a statue of 
          John F. Kennedy is prominent on the grounds of the 
          Massachusetts State House in Boston.  The author's office 
          emphasizes that there is no such public memorial honoring 
          President Reagan in the State Capitol, the place where his 
          political career began.  Additionally, the author's office 
          points out that the Cabinet Room in the Governor's Suite of 
          the State Capitol is named the Ronald Reagan Cabinet Room. 
          However, besides Governor Reagan's official portrait, there 
          is no other public mention of the one California Governor 
          to become President of the United States in the Capitol. 

          The author's office references the fact that there are 
          several state and local structures named for President 
          Reagan around the state.  Specifically, the Ronald Reagan 
          State Building in Los Angeles was opened in1990; the 
          western end of the State Route 118 Freeway, near the Ronald 
          Reagan Presidential Library, was named the "Ronald Reagan" 
          freeway; California is home to eight schools named for 
          President Reagan, seven Elementary Schools (in Bakersfield, 
          Chowchilla, Clovis, Kingsburg, Palm Desert, Sanger, 
          Wildomar) and one K-12 Academy in Dinuba; and, Ronald 
          Reagan Park is located in Diamond Bar.  Also, the author's 
          office states that nearly every state has honored Ronald 
          Reagan with buildings, highways, schools, parks, etc.  
          Furthermore, a statue of Reagan (one of two donated by 
          California) is on display at the National Statuary Hall 
          Collection in the United States Capitol Building in 
          Washington D.C. 




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          Staff Comments:  

          1.  Legislatively approved memorials on the grounds of the 
          State Capitol include, but are
               not limited to:  California Veterans of World War II, 
          California Vietnam Veterans,
               California Veterans of the Korean War, California 
          Veterans of the Spanish-American
               War, California Hispanic Veterans, World Peace Rose 
          Garden, Crime Victims
               Memorial, Search-and-Rescue Memorial and a Purple 
          Heart Memorial.  Additional
               memorials include those dedicated to fallen California 
          law enforcement officers,
               firefighters and Department of Transportation 
          employees.

          2.  Although this proposal does not involve placement of a 
          statue or memorial in Capitol
               Park, it should be noted that the Joint Rules 
          Committee is working with DGS to
               develop a master plan for the Capitol Park grounds.  
          Until the plan is developed, DGS
               has instituted an unofficial moratorium on additional 
          memorials in Capitol Park,
               which is supported by the Joint Rules Committee.

          3.  Is it necessary that the Legislature establish basic 
          guidelines for naming buildings,
               hearing rooms, outdoor and public areas and the 
          placement of statues or memorials in
               the State Capitol Building to mitigate questions or 
          controversy in advance of 
               legislative consideration of such naming proposals or 
          placements?

          4.  Currently, neither the Legislature (Senate Committee on 
          Rules, Assembly Committee
               on Rules, or Joint Committee on Rules) nor the 
          Department of General Services has
                policies/guidelines in place prescribing procedure(s) 
          for the placement of a statue or
                memorial in a public building or the naming of a 
          highly visible state-owned property
                in honor of some individual, whether deceased or 




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          still living.  

                            PRIOR/RELATED LEGISLATION
           
           AB 767 (John A. Perez) 2011-12 Session.  Would create the 
          "State Capitol Sustainability Task Force" consisting of 
          7-members (2 each appointed by the Speaker of the Assembly, 
          the Senate Committee on Rules, and the Governor and one 
          appointed by the Lieutenant Governor) to develop and 
          implement a sustainability initiative for the State Capitol 
          Building, the Legislative Office Building and the State 
          Capitol Park grounds.  (Pending in Senate Appropriations) 

          AB 1652 (Olsen) 2011-12 Session.   Authorizes the 
          construction and maintenance of a memorial in the Capitol 
          Historic Region to honor California American Portuguese 
          veterans.  (Pending in Senate Appropriations Committee)
           
          AB 1911 (Garrick) Chapter 121, Statutes of 2010.    
          Established, until January 1, 2012, the Ronald Reagan 
          Centennial Commission in state government to celebrate the 
          100th anniversary of Ronald Reagan's birth. Also, required 
          the commission to recommend appropriate means to allow 
          Californians to celebrate Ronald Reagan's life by honoring, 
          promoting, and remembering his achievements for this state 
          and country. Additionally, prohibited the commission from 
          using public funds. 

           SB 963 (Strickland) 2009-10 Session.   Would have authorized 
          the construction of a memorial statue to Ronald Reagan in 
          the Capitol Historic Region and would have required that 
          the planning, construction, and maintenance of the memorial 
          be funded solely through private donations.  (Held in 
          Senate Rules Committee)
           
          AB 2871 (Tran) 2007-08 Session.   Would have created, until 
          January 1, 2016, an 11-member "California Abraham Lincoln 
          Bicentennial and American Civil War Sesquicentennial 
          Commission" to plan and implement activities to be carried 
          out in the state in observance of the bicentennial of 
          Abraham Lincoln's birth (in 2009) and the sesquicentennial 
          of the Civil War.  (Vetoed - Governor's message read as 
          follows, "The historic delay in passing the 2008-2009 State 
          Budget has forced me to prioritize the bills sent to my 
          desk at the end of the year's legislative session. Given 
          the delay, I am only signing bills that are the highest 




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          priority for California. This bill does not meet that 
          standard and I cannot sign it at this time.") 

           SJR 3 (Hollingsworth) Chapter 143, Statutes of 2006.   
          Memorialized Congress to place a statue of former President 
          Ronald Reagan next to the statue of Father Junipero Serra 
          in the Congressional collection representing California.  

          SUPPORT:   As of June 22, 2012:

          California Republican Party
          Elmets Communications
          Michael Reagan, President, Ronald Reagan Legacy Foundation
          Ronald Reagan Presidential Foundation and Library
          Tehama County Republican Party
          Former U.S. Attorney General Edwin Meese III

           OPPOSE:   None on file as of June 22, 2012.

          DUAL REFERRAL:   Senate Committee on Rules
           
          FISCAL COMMITTEE:   Senate Appropriations Committee

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