BILL ANALYSIS �
Bill No: AB
146
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 146 Author: Olsen
As Amended: February 11, 2014
Hearing Date: April 8, 2014
Consultant: Art Terzakis
SUBJECT
California American Portuguese Veterans Memorial
DESCRIPTION
AB 146 is an urgency measure that makes the following
substantive changes to a Section of law that authorizes
construction of the California American Portuguese Veterans
Memorial (Memorial) within the existing All Veterans
Memorial in the State Capitol Park:
1)Deletes the requirement that the Memorial be built in the
existing All Veterans Memorial and instead stipulates
that the Memorial must be located within the boundaries
of the Veterans Memorial Grove, as identified in Section
16 of Sheet 5, Capitol Park Topographic Survey, dated
November 11, 2011, adjacent to the All Veterans Memorial.
2)Deletes the requirement that construction of the Memorial
cannot begin until the master plan of the State Capitol
Park is approved and adopted by the Joint Committee on
Rules.
3) Deletes the requirement that the American Portuguese
Club must implement procedures to solicit designs for the
Memorial and devise a selection process for the choice of
the design.
4)Defines "All Veterans Memorial" to mean that area in
Section 16 from the foot of the berm retaining wall due
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north to the asphaltic concrete pathways. Also, defines
"Veterans Memorial Grove" to mean that undeveloped area
in Section 16 from the foot of the berm retaining wall
due south to the N Street sidewalk.
EXISTING LAW
Existing law prescribes various duties for the Department
of General Services (DGS) in connection with the
development and maintenance of the park around the State
Capitol Building.
Existing law authorizes the American Portuguese Club Inc.,
in consultation with DGS and a specifically created
committee, to construct and maintain a memorial in the
existing All Veterans Memorial to honor California American
Portuguese veterans, as specified.
Existing law requires DGS, in consultation with the
American Portuguese Club, Inc., to review the preliminary
design plans to identify potential maintenance concerns,
ensure compliance with the Americans with Disabilities Act,
review and approve California Environmental Quality Act
(CEQA) documents, prepare final construction documents,
including insurance and bonding provisions for damage to
state property and prepare a maintenance agreement
outlining the Portuguese Club Incorporated's responsibility
for long-term maintenance.
Existing law requires approval of the design by the DGS,
Department of Veterans Affairs, and the California American
Portuguese Veterans Memorial Committee.
Existing law prohibits construction of the memorial until
after the master plan of the State Capitol Park has been
approved and adopted by the Joint Committee on Rules.
Also, existing law provides that the memorial must be
constructed within the existing boundary of the All
Veterans Memorial and stipulates that private funding
sufficient to construct and maintain the memorial must be
raised prior to construction of the memorial.
BACKGROUND
Purpose of AB 146: The author's office notes that AB 1652
(Olsen) of 2012 authorized the American Portuguese Club
Incorporated to construct and maintain a memorial within
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the existing boundary of the All Veterans Memorial in the
State Capitol Park to honor California American Portuguese
veterans. The author's office contends that since
enactment of AB 1652, the American Portuguese Club has been
trying to get the memorial built but has run into some
problems with the definition of the area in which the
memorial can be placed. Additionally, the author's office
claims that this clean-up measure is necessary to
facilitate the timely design approval and construction of
the memorial. Furthermore, the author's office points out
that this urgency measure will help expedite the
construction of the California American Portuguese Veterans
Memorial in time for Portuguese American Month in June.
The author's office points out that in September of 1542,
Portuguese explorer Joao Rodrigues Cabrillo sailed a vessel
into San Diego Bay and became the first European to explore
the land now known as California - he discovered Monterey
Bay on November 16, 1542. Today, according to the U.S.
Census, more Portuguese (approximately 331,000) live in
California than any other state - Portuguese are especially
prominent in the Central Valley, Fresno and Tulare
Counties, in particular.
Staff Comments
Staff has identified the following memorials within the
boundaries of Capitol Park: California Veterans Memorial
of World War II, California Vietnam Veterans Memorial,
California Peace Officers Memorial, California Veterans of
the Korean War, World Peace Rose Garden, California
Mexican-American Veterans Memorial, California Firefighters
Memorial, Spanish-American War Memorial, California
Hispanic Veterans Memorial, and Fallen Employees of the
Department of Transportation. Additionally, Capitol Park
contains a monument in honor of Father Junipero Serra and
bronze seals commemorating the California Indians and
Spanish/Mexican settlers. At least a dozen additional
memorials have been approved by the Legislature (see
"related legislation") and are awaiting construction in
accordance with the master plan for the Capitol Park.
AB 2767 (W. Brown) of 1984, created the Historic State
Capitol Commission consisting of 7-members (2 each
appointed by the Senate Committee on Rules and the Speaker
of the Assembly, the State Historic Preservation Officer,
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the State Librarian and the State Archivist) and authorized
the Commission, among other things, to develop a master
plan for the State Capitol Park.
Existing statutes authorizing specific memorials, including
the California American Portuguese Veterans Memorial,
mandate that construction not begin until the master plan
of the State Capitol Park is approved and adopted by the
Joint Committee on Rules. This particular provision is
intended to address logistical concerns with respect to the
specific location of each memorial, the particular size of
each memorial and the cumulative effect on the Park's
overall environment. For example, a particular group may
desire that their specific memorial be placed in a more
visible area of the Park or be larger in size than what can
be easily accommodated and overshadow existing memorials.
Moratorium : The Joint Committee on Rules 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 Committee on Rules.
It seems appropriate that memorials and other such
structures within the Park grounds be coordinated with the
master plan.
PRIOR/RELATED LEGISLATION
SB 1324 (Anderson) 2013-14 Session. Would make DGS
responsible for the planning and construction of a monument
in the State Capitol Park in honor of the contributions,
history, and culture made by Native Americans in
California. Also, would require that the planning,
construction, and maintenance of the monument be funded
with private donations through a nonprofit foundation to be
established. (Pending in this Committee)
SCR 82 (Blakeslee), Chapter 91, Statutes of 2012.
Requested that DGS work with appropriate 3rd parties to
advise and oversee the creation of a memorial for the
California veterans who fought and served in Iraq and, upon
receiving donations from non-state sources covering the
design, construction, and maintenance costs and ensuring
that the memorial is in the best interest of the State
Capitol Park, erect that memorial, in accordance with
California law, in the State Capitol Park. This measure
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also stated the intent of the Legislature to enact future
legislation authorizing the creation of a larger memorial
commemorating and thanking those who served in both Iraq
and Afghanistan.
AB 1652 (Olsen), Chapter 719, Statutes of 2012. Authorized
the American Portuguese Club Incorporated, in consultation
with DGS and the Joint Committee on Rules, to construct and
maintain a memorial in the existing State Capitol Park All
Veterans Memorial to honor California American Portuguese
veterans.
AB 2358 (Hagman), Chapter 682, Statutes of 2012.
Authorized the creation of a privately funded statute to
honor President Ronald Reagan in the State Capitol Building
Annex. Also, prohibits construction of the statue until
the Joint Committee on Rules has approved and adopted the
plan for the statue, and the Joint Committee on Rules and
the Department of Finance have determined that sufficient
private funding is available to construct and maintain the
statue.
SB 1245 (Negrete-McLeod), Chapter 520, Statutes of 2008.
Required DGS, in consultation with the California Mexican
American Veterans' Memorial Beautification and Enhancement
Committee, to accomplish specified goals with respect to
the design and construction of the Memorial. Also,
directed DGS to accomplish specified legal and
administrative requirements relative to the Memorial.
AB 2043 (Spitzer), Chapter 584, Statutes of 2008.
Authorized the California Crime Victims' Memorial
Foundation, upon its establishment, in consultation with
DGS and a specifically created committee, to construct and
maintain a memorial in the Capitol Historic Region to honor
California residents who are victims of crime. Also,
required that the planning, construction, and maintenance
of the memorial be funded with private donations through a
nonprofit foundation to be established and prohibited
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 Department of Finance and the
Joint Committee on Rules have determined that sufficient
private funding is available to construct and maintain the
memorial.
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AB 2171 (Cook), Chapter 585, Statutes of 2008. Authorized
the Military Order of the Purple Heart, Capitol Chapter
385, in consultation with DGS and a specifically created
committee, to construct and maintain a memorial in the
Capitol Historic Region to honor California residents who
have been awarded the Purple Heart. Also, required that
the planning, construction, and maintenance of the memorial
be funded with private donations through a nonprofit
foundation to be established and prohibited 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.
AB 136 (Emmerson), Chapter 311, Statutes of 2007.
Authorized the California State Sheriffs Search and Rescue
Coordinators, in consultation with DGS and a specifically
created committee, to construct and maintain a memorial in
the Capitol Historic Region to honor California
search-and-rescue volunteers who have died in the line of
duty. Also, required that the planning, construction, and
maintenance of the memorial be funded with private
donations through a nonprofit foundation to be established
and prohibited 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 Department
of Finance has determined that sufficient private funding
is available to construct and maintain the memorial.
AB 2525 (Emmerson), Statutes of 2006. Would have made DGS,
in consultation with the California Search and Rescue
Association, responsible for the planning and construction
of a memorial in the Capital Historic Region in honor of
search-and-rescue volunteers who have died in the line of
duty in California. Also, would have prohibited
construction of the memorial until the master plan of the
State Capitol Park is approved and adopted by the Joint
Committee on Rules. (Held in Senate Appropriations
Committee)
AB 1210 (Levine), Chapter 849, Statutes of 2005.
Authorized the construction of the international genocide
memorial in the Capitol Historic Region, subject to prior
approval by DGS and the Capitol Park Master Plan Group.
Also, prohibited the expenditure of state moneys for these
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purposes.
AB 1350 (Polanco), Chapter 1221, Statutes of 1993. Created
the California Mexican American Veteran's Memorial
Beautification Committee to enhance the memorial on the
State Capitol grounds.
AB 2767 (W. Brown), Chapter 1757, Statutes of 1984.
Created the Historic State Capitol Commission and
authorized the Commission to, among other things, develop a
master plan for the Capitol Park, with the approval of the
Joint Committee on Rules.
AB 650 (Floyd), Chapter 1042, Statutes of 1983.
Established the Vietnam Veterans Memorial Commission and
authorized the construction of a memorial to California's
Vietnam veterans on the grounds of the State Capitol Park
and appropriated $25,000 from the General Fund to the
Commission as a loan for purposes of the bill.
SUPPORT: As of April 4, 2014:
American Portuguese Club, Inc.
American Legion, Department of California
AMVETS, Department of California
California American Portuguese Veterans Memorial Committee
California Association of County Veterans Service Officer
California State Commanders Veterans Council
Vietnam Veterans of America, California State Council
OPPOSE: None on file as of April 4, 2014.
DUAL REFERRAL: Senate Committee on Rules
FISCAL COMMITTEE: Senate Appropriations Committee
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