BILL ANALYSIS �
Bill No: SB
1324
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
SB 1324 Author: Anderson
As Amended: March 25, 2014
Hearing Date: April 22, 2014
Consultant: Art Terzakis
SUBJECT
California Native American Monument
DESCRIPTION
SB 1324 establishes a California Native American Monument
in the State Capitol Park to honor the contributions,
history, and culture of Native Americans in California.
Specifically, this measure:
1)Requires the Department of General Services (DGS) to
determine the location of the monument within the State
Capitol Park.
2)Requires the planning, construction, and maintenance of
the monument to be funded with private donations through
a nonprofit foundation to be established.
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.
BACKGROUND
Purpose of SB 1324: The author's office points out that
Native Americans are the first and longest inhabitants of
California and have lived within the current boundaries of
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the state for thousands of years. Many Native Americans
lived as hunter-gather societies and understood their
relationship with the natural world as one of reciprocal
give and take. They possessed extraordinary knowledge of
the resources available to them and told their histories by
oral traditions. Today, California has the largest
population (over 400,000) of Native Americans in the
country with 109 federally recognized Indian nations within
California's border, more than any other state in the
continental United States. The author's office emphasizes
that Native Americans have faced great struggles,
particularly over the past two centuries, and yet they
thrive today.
The author's office indicates that preliminary designs for
the monument call for a "Circle of Sovereignty" to
celebrate the uniqueness of each federally recognized tribe
within California - "a ring of flags standing tall,
representing each one of the federally recognized tribes
that make California unique beyond comparison, will be a
permanent tribute for all to see and enjoy."
Staff Comments
AB 2767 (W. Brown), Chapter 1757 of 1984, created the
Historic State Capitol Commission consisting of 7-members
(2 each appointed by the President pro Tempore of the
Senate and the Speaker of the Assembly, the State Historic
Preservation Officer, the State Librarian and the State
Archivist) and authorized the Commission, among other
things, to prepare, complete, and, from time to time, to
amend, a comprehensive master plan, based on a priority of
needs, for the restoration, preservation, and maintenance
of the historic State Capitol.
AB 2445 (Dickinson), Chapter 547, of 2012, expanded the
purview of the Historic State Capitol Commission to include
the State Capitol Annex and the State Capitol Park,
provided that Capitol Park be included only upon adoption
by the Joint Committee on Rules of a master plan regarding
Capitol Park.
Within the past ten years three new memorials have been
completed in Capitol Park: the California Veterans
Memorial, the California Firefighters Memorial, and the
World Peace Rose Garden. Additionally, staff has
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identified the following memorials within the boundaries of
Capitol Park: California Vietnam Veterans Memorial,
California Peace Officers Memorial, California Veterans of
the Korean War Memorial, California Mexican-American
Veterans Memorial, Spanish-American War Memorial,
California Hispanic Veterans Memorial, and Fallen Employees
of the Department of Transportation Memorial and the
Military Order of the Purple Heart Memorial. Furthermore,
Capitol Park contains a monument in honor of Father
Junipero Serra and bronze seals commemorating the
California Indians and Spanish/Mexican settlers.
Several additional memorials have been approved by the
Legislature (see "related legislation") but the Legislature
has conditioned the start of construction of those
memorials on adoption of a master plan for the Capitol Park
by the Joint Committee on Rules. Such a provision is
intended to address logistical concerns with respect to the
specific location and 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 project 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 2007 Budget Act provided $1.5 million from
the General Fund to complete a Capitol Park Master Plan,
which is intended to identify the historic landscape of the
Park, current infrastructure conditions, security and
maintenance needs, and future memorial locations, and how
to address these issues over the next 50 years. 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 and monuments 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.
Suggested Amendments: The author and the Committee may
wish to consider amending this measure as follows:
1)On page 1, line 3, strike the word "shall" and insert the
word "may" - instead of mandating that DGS be responsible
for the planning and construction of the monument the
measure should simply authorize DGS to do so.
SB 1324 (Anderson) continued
Page 4
2)On page 2, strike lines 3 and 4 and insert "The
department, in consultation with the Historic State
Capitol Commission and the nonprofit foundation
established pursuant to this bill, shall approve the
design of the monument and determine the location of the
monument within the State Capitol Park."
3)Add language that requires DGS, the Commission, and the
nonprofit foundation to also review preliminary design
plans to identify potential maintenance concerns and to
review final construction documents to ensure that all
requirements are met.
4)Add language stipulating that construction of the
monument shall not begin until the master plan of the
State Capitol Park is approved and adopted by the Joint
Committee on Rules and that the Joint Committee on Rules
and the Department of Finance have determined that
sufficient private funding is available to construct and
maintain the monument.
5)Add language that ensures compliance with the federal
Americans with Disabilities Act of 1990 and with any
other safety concerns.
6)Add language that requires DGS to prepare a maintenance
agreement outlining the nonprofit foundation's
responsibility for the long-term maintenance of the
monument due to aging, vandalism, or relocation.
PRIOR/RELATED LEGISLATION
AB 146 (Olsen) 2013-14 Session. Among other things, would
delete the requirement that construction of the California
American Portuguese Veterans Memorial cannot begin until
the master plan of the State Capitol Park is approved and
adopted by the Joint Committee on Rules. (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
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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
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
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private funding is available to construct and maintain the
memorial.
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
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approval by DGS and the Capitol Park Master Plan Group.
Also, prohibited the expenditure of state moneys for these
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 17, 2014:
California Valley Miwok Tribe
OPPOSE: None on file as of April 17, 2014.
DUAL REFERRAL: Senate Committee on Rules
FISCAL COMMITTEE: Senate Appropriations Committee
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