BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1503|
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CONSENT
Bill No: AB 1503
Author: Beth Gaines (R), et al.
Amended: 6/2/14 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 8-0, 6/10/14
AYES: Correa, Cannella, De Le�n, Galgiani, Hernandez, Padilla,
Torres, Vidak
NO VOTE RECORDED: Berryhill, Lieu, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 4/28/14 (Consent) - See last page for
vote
SUBJECT : Department of General Services: Folsom State Prison
SOURCE : Old Guard Foundation, Inc.
DIGEST : This bill requires the Department of General Services
(DGS), with the consent of the Department of Corrections and
Rehabilitation (CDCR), to lease vacant real property on the
grounds of Folsom State Prison to the Old Guard Foundation, Inc.
(OGF) or a similar and related nonprofit entity, for the
construction and operation of a peace officers memorial and
museum facility.
ANALYSIS :
Existing law:
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1. Authorizes DGS to develop and review an inventory of property
surplus to the needs of the state in portions or their
entirety, and allows DGS, subject to legislative approval, to
sell, lease, exchange, or transfer various specified
properties for current market value, or upon terms and
conditions as DGS determines are in the best interests of the
state.
2. Authorizes DGS, with the consent of the state agency
concerned, to lease for a maximum period of five years, any
real or personal property belonging to the state, if the
Director of DGS deems the lease is not expressly prohibited
by law and is in the best interests of the state.
3. Requires legislative authority for leases of state land for
periods exceeding five years and provides exemptions to the
five year limit for specified parcels.
This bill:
1. Requires the peace officers memorial and museum facility to
be operated for the benefit of the general public and members
of the OGF, which is the lessee.
2. Requires DGS to lease the property for a term not to exceed
50 years.
3. Provides that the lessee is fully responsible for the
maintenance and operation of the memorial and museum facility
in a manner that does not conflict with the operation of
adjacent correctional facilities or become a public nuisance.
4. Specifies that the state shall not have any liability for any
improvement, construction, operation, or maintenance of the
memorial or museum facilities.
5. Provides that construction and operation of the memorial and
museum are solely the responsibility of the lessee and shall
not be considered public works.
6. Requires the lessee to initiate construction of the memorial
and museum facility within 48 months of the beginning of the
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lease term and substantially completed construction within 72
months of the beginning of the lease term.
7. Requires the lessee to pay all administrative costs incurred
by DGS associated with the development and management of the
lease and any required easements.
8. Subjects the lease to periodic review every five years by
DGS, which shall determine, based on a report from the
lessee, whether the purposes of the lease are being carried
out.
9. Specifies that if at any time during the term of the lease
the lessee determines that the property is no longer needed
for a memorial or museum facility, or if DGS determines that
the lessee substantially abandoned the leased property, the
leased property and all improvements to the leased property
shall revert to the state. In that event, DGS may order the
lessee to demolish and remove all improvements and restore
the premises to the preleased condition at the lessee's
expense, and if the lessee fails to restore the leased
property as directed by DGS, the state may do so and all
costs of the demolition and restoration would be paid by
lessee.
Background
The DGS reports that it has several leases with nonprofit
organizations, most of which are leased at below market rental
value. The lease authorization contemplated in this bill is to
expand the existing museum/memorial at Folsom State Prison.
This bill allows DGS, CDCR, and the lessee to negotiate the
price and other terms of the lease in order to provide for the
continued use, enjoyment and new expansion of the museum on
prison property. Under existing laws, DGS is authorized to
enter into such agreements when the Director determines that
doing so is in the best interests of the state.
For example, DGS may lease part of Napa State Hospital for an
independent living facility "under terms and conditions
determined by the director to be in the best interests of the
state." Another statute authorizes DGS, "in the best interests
of the state," to re-negotiate a lease for the purpose of
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establishing an educational park, for a period not to exceed 50
years. Similarly, DGS may lease the Nurses Cottage at the
Agnew's Developmental Center to nonprofits operating homeless
shelters for $1 per month in lease payments.
Most relevant to this bill, existing statutes direct DGS, upon
terms and conditions that DGS deems to be in the best interest
of the state, to lease any or all of the Preston Castle portion
of the Ione Youth Facility for a term not to exceed 55 years and
for the consideration of $1 per year.
Comments
The author's office states that in 1975, the Retired
Correctional Peace Officers Association founded the museum at
Folsom State Prison and dedicated it to prison staff members who
had died from cancer. The museum is housed at Old House #8,
just inside the entrance to Folsom Prison, and is staffed by
volunteers. The author's office states that the current museum
space is too small to adequately highlight the history of CDCR,
honor the members of the profession, and help dispel negative
stereotypes.
The author's office notes that several artifacts have had to be
placed in other storage areas of Folsom Prison due to the lack
of space. This bill allows a 50-year lease for a proposed
museum site on land that is currently vacant.
According to the author's office, the site does not conflict
with any CDCR operational or facility plans at either Old Folsom
prison or New Folsom Prison. The facility will be built and
operated using private donations. Once a lease is approved,
CDCR will have no role or responsibility in its construction or
operation. The museum will be principally operated by
volunteers, many of whom are former CDCR correctional officers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/23/14)
Old Guard Foundation, Inc. (source)
Correctional Peace Officers Foundation, Inc.
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ARGUMENTS IN SUPPORT : The bill's sponsor, Old Guard
Foundation, Inc., writes that this bill will provide the
necessary statutory authority for a potential long-term lease at
a nominal value for the proposed National Big House Prison
Museum on the grounds of Folsom State Prison and that it is
OGF's mission to educate and inform the public of the role and
responsibilities of those proud individuals who wear the badge,
and to help advance the public's understanding of this critical
area of law enforcement.
ASSEMBLY FLOOR : 78-0, 4/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Mansoor, Vacancy
MW:d 6/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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