Today's Law As Amended


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SB-463 State Capitol Park: California Lesbian, Gay, Bisexual, Transgender (LGBT) Civil Rights Monument.(2017-2018)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Openly lesbian, gay, bisexual and transgender (LGBT) leaders have made tremendous contributions to the State of California and to the nation as trailblazers in every field of endeavor, including, business, medicine, law, humanities, science, literature, politics, education, music, philanthropy, sports, arts, and culture, that enrich the lives of all Californians.
(b) The achievements of LGBT Californians stand in contrast to our state’s long history of discrimination and exclusion. Throughout the first half of the 20th century, California law led to the forcible sterilization of more people for “perversion” than any other state. Consensual adult same-sex activity was a crime until 1975, and gay civil rights leader Bayard Rustin was jailed in this state during the 1950s. The passage of Proposition 8 in 2008 barred LGBT couples from legal marriage.
(c) In spite of this history, Californians founded the first significant gay and lesbian civil rights organizations in the United States in the 1950s. LGBT Californians united across racial lines during the Civil Rights Movement to secure the rights of California’s increasingly diverse population. As immigration reshaped California in the 1960s, LGBT people linked arms with those fleeing oppression around the world, paving the way for the global fight against HIV and AIDS in the 1980s.
(d) LGBT Californians made history as candidates for public office, and José Julio Sarria’s run for the San Francisco Board of Supervisors in 1961 paved the way for the election of Harvey Milk to the board in 1977 as the nation’s first openly gay man elected outright to office. The California Legislative LGBT Caucus is the nation’s largest and most diverse body of openly gay and lesbian legislators, and LGBT Californians have served as leaders in both the state Assembly and Senate.
(e) The California Legislature has long championed inclusion for LGBT people. In 1977 the Legislature introduced one of the nation’s first marriage equality laws, and became the first state legislature in America to approve marriage equality with the passage of AB 849, a year after San Francisco allowed the first same-sex marriages in California. Del Martin and Phyllis Lyon were the first couple to be married, nearly 50 years after they helped form the nation’s first lesbian rights organization. The Legislature has passed landmark civil rights laws that protect the rights of all students, employees, and families regardless of their sexual orientation, gender identity, or gender expression.
(f) The California State Capitol Park LGBT Civil Rights Memorial Monument will build on previous monuments in the State of California that commemorate those who have contributed to our state’s rich and vibrant history. This monument will be a constant reminder of the values of safety, happiness, and privacy enshrined in our Constitution that extend to all Californians.

SEC. 2.

 Section 14634 is added to the Government Code, to read:

14634.
 (a) The California Legislative LGBT Caucus Foundation may, in consultation with the California Legislative LGBT Caucus and the department, plan a monument in the State Capitol Park honoring California’s lesbian, gay, bisexual, and transgender movement’s civil rights history.
(b) The department, in consultation with the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus, shall accomplish the following goals:
(1) Review the preliminary design plans to identify potential maintenance concerns.
(2) Ensure compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et. seq.) and address other safety concerns.
(3) Review and approve documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) 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 and describing the following: (A) final areas of work, (B) final construction documents, (C) constructions plans, (D) contractor hired to perform the work, (E) insurance, (F) bonding, (G) provisions for damage to state property, and (H) inspection requirements.
(6) Prepare a maintenance agreement outlining the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus responsibility for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect the construction performed by the contractor selected by the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus.
(c) If the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus undertake responsibility to construct a monument under this section, they shall, in consultation with the department, establish a schedule for the design, construction, and dedication of the monument, implement procedures to solicit designs for the monument, devise a selection process for the choice of the design, and establish a program for the dedication of the monument.
(d) The department and the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus shall approve the design and any other aspect of the monument.
(e) If the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus undertake responsibility to construct a monument under this section, they shall not begin construction of the monument until the Joint Committee on Rules has approved and adopted the plan for the monument, and only if the Joint Committee on Rules and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.
(f) The planning, construction, and maintenance of the monument shall be funded exclusively through private donations to the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus.
(g) If the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus undertake responsibility to construct a monument under this section, they shall sign a maintenance agreement with the state to maintain the monument with private donations.