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AB-1652 California American Portuguese Veterans Memorial. (2011-2012)

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Assembly Bill No. 1652
CHAPTER 719

An act to add Section 14631 to the Government Code, relating to the State Capitol, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 28, 2012. Filed with Secretary of State  September 28, 2012. ]

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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.