CHAPTER 1. General Provisions [14600 - 14638.1]
( Chapter 1 added by Stats. 1965, Ch. 371. )
The Legislature declares that a centralization of business management functions and services of state government is necessary to take advantage of specialized techniques and skills, provide uniform management practices, and to insure a continuing high level of efficiency and economy. A Department of General Services is created to provide centralized services including, but not limited to, planning, acquisition, construction, and maintenance of state buildings and property; purchasing; printing; architectural services; administrative hearings; government claims; and accounting services. The Department of General Services shall develop and enforce policy and procedures and shall institute or cause the institution of those investigations and proceedings as it deems proper
to assure effective operation of all functions performed by the department and to conserve the rights and interests of the state.
(Amended by Stats. 2016, Ch. 31, Sec. 126. (SB 836) Effective June 27, 2016.)
There is in the state government, in the Government Operations Agency, the Department of General Services.
(Amended by Stats. 2013, Ch. 352, Sec. 292. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
The Department of General Services is under the control of an executive officer known as the Director of General Services. As used in this part, “department” and “director” refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires.
(Added by Stats. 1965, Ch. 371.)
The Director of General Services is appointed by and holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate. The annual salary of the director is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of this code.
(Added by Stats. 1965, Ch. 371.)
Commencing no later than August 1, 2005, and no later than August 1 annually thereafter, the Department of General Services shall submit to the Department of Finance a proposal that reconciles the current fiscal year rates for service fees charged by the Department of General Services to state agencies, and details any adjustments proposed for budget fiscal year rates to be included in the Governor’s Budget.
(Added by Stats. 2004, Ch. 227, Sec. 45. Effective August 16, 2004.)
The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office.
(Added by Stats. 1965, Ch. 371.)
Chapter 2 (commencing with Section 11150) of Part 1 applies to the director and the director is the head of a department within the meaning of the chapter.
(Amended by Stats. 1984, Ch. 144, Sec. 116.)
For the purpose of administration, the director shall organize the department with the approval of the Governor, in the manner that he deems necessary properly to segregate and conduct the work of the department.
The director may arrange and classify the work of the department and with the approval of the Governor may create such divisions and subdivisions as may be necessary, and change or abolish them from time to time.
(Added by Stats. 1965, Ch. 371.)
Whenever any statute requires by the use of the word or words “approve,” “approval,” “authorize,” or “authorization,” the director of the department to approve or authorize any act or transaction, the approval or authorization shall be deemed to have been given only if given in writing by the director, the deputy director, or by some other officer or employee of the department acting pursuant to written authority of the director. The term “in writing” includes a secured electronic signature, whereby an electronically produced document may be signed
electronically by the authorized signatory who possesses a secured electronic password available only to the signatory or his or her designee.
(Amended by Stats. 1994, Ch. 1044, Sec. 1. Effective January 1, 1995.)
Notwithstanding Section 11043, the department may employ such persons as are necessary to provide house legal counsel for the department. These persons may advise the director, officers, employees, boards, commissions, and offices of the department concerning legal affairs of the department. The official legal adviser concerning the department’s interdepartmental powers, functions, and relationships with other departments is the Attorney General. House legal counsel for the department when authorized by the Attorney General may represent the department and the state in litigation concerning affairs of the department.
(Amended by Stats. 1984, Ch. 144, Sec. 117.)
The department may prepare, publish, and issue such printed pamphlets and bulletins as the director deems necessary for the dissemination of information to the public concerning the activities of the department. Funds available for support of the department may, with the approval of the Department of Finance, be used to pay the cost of preparation, publication, and distribution.
(Added by Stats. 1965, Ch. 371.)
(a) The department shall commit itself to achieve improved levels of performance, as specified in this section, by focusing its efforts on enhancing the value of the services it delivers.
(b) The department shall commit itself to providing both of the following:
(1) Services that the Legislature or Governor requires state agencies to purchase from the department.
(2) Services that state agencies are not required to purchase from the department, but that the department can provide on a cost-competitive basis.
(c) Notwithstanding any other provision of law, the director or his or her designee, in lieu of the Director of Finance, may approve DGS Form 22 and DGS Form 220, including the extension of time to expend transferred funds, the transfer of funds from one work order to another, and the Return of Funds Document.
(d) Notwithstanding Chapter 3 (commencing with Section 13940) of Part 4, the director or his or her designee may approve “relief from accountability” for debts owed to the department up to five thousand dollars ($5,000) when the department determines it cannot collect the debts or when the cost of collection exceeds the amount of the debt.
(e) Notwithstanding Section 2807 of the Penal Code, the director or his or her designee may procure goods from the private sector even though the goods may be available from the Prison Industry Authority, when in his or her discretion, it is cost beneficial to do so and if the director or his or her designee continues to include the authority in soliciting quotations for goods.
(f) Notwithstanding subdivision (a) of Section 948 and Section 965, the director or his or her designee, in lieu of the Director of Finance, may certify funds for payment of all legal settlements and tort claims for which the department already has sufficient expenditure authority and funds without the need for augmentation.
(g) Notwithstanding Section 965.2, the director or his or her designee, in lieu of the Director of Finance, may certify
funds for payment for all legal court settlements for projects funded from the Architecture Revolving Fund, if a sufficient fund balance exists in the work order to pay the claim and the payment does not require a budget augmentation to complete the project.
(h) Notwithstanding Section 14957, the director or his or her designee, in lieu of the Director of Finance, may approve the deposit of checks directly into the Architecture Revolving Fund. The department shall notify the Department of Finance within 30 days of the date that the department makes such a deposit.
(Amended by Stats. 2003, Ch. 757, Sec. 1. Effective January 1, 2004.)
Notwithstanding any other provision of law, for state printing procurement purposes, printing is not considered a personal service contract as defined in Section 19130.
(Added by Stats. 2002, Ch. 1124, Sec. 17. Effective September 30, 2002.)
The Department of the California Highway Patrol shall present to the host agency or family member designated by the host agency of any peace officer who is killed in the line of duty in California, the flag that was flown at half-staff over the State Capitol Building in memory of the officer and a memorial certificate.
(Amended by Stats. 1996, Ch. 305, Sec. 24. Effective January 1, 1997.)
Each state agency that is protected by the Department of the California Highway Patrol, those state agencies currently being protected by contract private security companies, or those state agencies currently under contract with a local governmental law enforcement agency for general law enforcement services, excluding all current mutual aid agreements, shall, as soon as practical, report to the Department of the California Highway Patrol all crimes and criminally caused property damage on state-owned or state-leased property where state employees are discharging their duties. This section shall not apply to incidents that result in the filing of Incidence Memoranda issued by the Parole Divisions of the Department of Corrections and the Department of the Youth
Authority.
(Amended by Stats. 2012, Ch. 728, Sec. 65. (SB 71) Effective January 1, 2013.)
The director and the civil executive officers of the department have the powers of a peace officer in all parts of the state in enforcing any lawful order of the department.
(Added by Stats. 1965, Ch. 371.)
(a) The department has general powers of supervision over all matters concerning the financial and business policies of the state in regard to the duties, powers, responsibilities, and jurisdiction specifically vested in the department. Whenever the department deems it necessary, or at the instance of the Governor, it shall institute or cause the institution of those investigations and proceedings as it deems proper to conserve the rights and interests of the state.
(b) The
Department of the California Highway Patrol has jurisdiction over those matters related to the security of state officers, property, and occupants of state property. The Department of the California Highway Patrol may also assist the department in the department’s investigations conducted pursuant to subdivision (a).
(Amended by Stats. 1996, Ch. 305, Sec. 26. Effective January 1, 1997.)
(a) Where the Legislature directs or authorizes the department to maintain, develop, or prescribe processes, procedures, or policies in connection with the administration of its duties under this chapter, Chapter 2 (commencing with Section 14650), Section 6611 of the Public Contract Code, or Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the action by the department shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500)). This section shall apply to actions taken by the department with respect to the State Administrative Manual and the State Contracting Manual.
(b) To the extent permitted by the United States and California Constitutions, subdivision (a) also applies to actions taken by the department prior to January 1, 1999, with respect to competitive procurement in the State Administrative Manual and the State Contracting Manual.
(Amended by Stats. 2013, Ch. 28, Sec. 15. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
The director may exempt from his or her approval or from approval of the department any transactions involving not more than fifty thousand dollars ($50,000) for which such approval is required by statute whenever, in his or her judgment, such exemption is appropriate and in the best interests of the state. Written notice of exemptions shall be given to the Controller.
(Amended by Stats. 1981, Ch. 640, Sec. 1.)
The Office of the State Architect and the California Building Standards Commission, in consultation with offices and divisions within the Department of General Services, and with the Department of the California Highway Patrol, shall jointly adopt regulations in Title 24 of the California Code of Regulations to establish a standard of lighting for parking lots at the University of California, California State University, and California Community Colleges. This standard shall be adopted and submitted to the California Building Standards Commission for approval
on or before June 30, 1991, and published by the commission in the 1992 triennial publication of the California Building Code.
The Office of the State Architect shall also adopt regulations in Title 24 of the California Code of Regulations to establish the Illumination Engineering Society Handbook recommendations as the standard lighting level for primary campus walkways used at night at the University of California, California State University, and California Community Colleges. These regulations shall be adopted and submitted to the California Building Standards Commission for approval on or before June 30, 1991, and published by the commission in the 1992 triennial publication of the California Building Code.
This section shall not apply to the University of California unless the Regents of the University of California, by resolution, makes it applicable.
(Amended by Stats. 1996, Ch. 305, Sec. 27. Effective January 1, 1997.)
The Department of General Services may require from all agencies of the state permitted or charged by law with the handling of public money or its equivalent, financial and statistical reports, duly verified, covering the period of each fiscal year.
When necessary, the department may require special reports from any such state agency. These special reports shall be filed with the department without delay.
(Added by Stats. 1965, Ch. 371.)
The Department of General Services may examine all records, files, documents, accounts, and all financial affairs of every agency mentioned in Section 14618. It may enter any public office or institution in this state and examine any records, files, books, papers or documents contained therein or belonging thereto for the purpose of making such examination. Every state agency shall permit such examination and upon demand shall produce without unnecessary delay all books, contracts, and papers in its offices, and furnish information touching books, papers, contracts, and other matters pertaining to the agency.
(Added by Stats. 1965, Ch. 371.)
There is in the department a general services planning officer, a procurement officer, and an executive officer of the Office of Public School Construction. Each officer or executive director may be appointed by the Governor, upon recommendation of the director, and shall serve at the pleasure of the director. His or her salary shall be fixed by the director in accordance with law. Each officer or executive officer shall have any duties that may be assigned to him or her by, and shall be responsible to, the director for the performance of those duties. It is
the intent of the Legislature that this section is not to result in an increase in the number of positions in the department.
(Amended by Stats. 1994, Ch. 1228, Sec. 4. Effective January 1, 1995.)
The department has the possession and control of all records, books, papers, offices, equipment, supplies, money, funds, appropriations, land and other property, real or personal, held for the benefit or use of state agencies within the department.
(Added by renumbering Section 13010 by Stats. 1965, Ch. 371.)
The director may make available to elected state officials, without charge, state parking facilities for the parking of the privately owned cars of such officials.
(Added by renumbering Section 13011 by Stats. 1965, Ch. 371.)
The department shall engage competent artists to paint oil portraits of all Governors of California whose portraits have not been painted, and a portrait of each Governor upon his retirement from office. The portraits shall be framed and hung in appropriate places in the State Capitol.
(Added by renumbering Section 13072 by Stats. 1965, Ch. 371.)
The department may render advisory, investigational, or other similar service to any city, county, district or any other political subdivision of the state, or to the federal government upon such terms and conditions as may be satisfactory to the director.
(Added by renumbering Section 13073 by Stats. 1965, Ch. 371.)
The director may require any person who has charge of, handles or has access to any state property to file an official bond in an amount to be fixed by him.
(Added by renumbering Section 13075 by Stats. 1965, Ch. 371.)
(a) Notwithstanding any other law, in order to comply with applicable federal and state requirements, the Department of General Services may conduct criminal background checks of an employee, prospective employee, contractor, agent, volunteer, subcontractor, or employee of a contractor whose duties or responsibilities may give them access to any of the following:
(1) Criminal offender record history information.
(2) Federal tax information.
(3) Non-anonymized confidential information, personally identifiable information, personal health information, or financial information contained in the information systems or
devices of the department or other sensitive and secure facilities and buildings such that a criminal background check is required.
(b) The fingerprint images and associated information of an employee, prospective employee, contractor, contractor, agent, volunteer, subcontractor, or employee of a contractor whose duties may give them access to the information specified in subdivision (a), or any person who assumes those duties, may be furnished to the Department of Justice pursuant to subdivision (u) of Section 11105 of the Penal Code for obtaining information as to the existence and content of any of the following:
(1) State or federal convictions.
(2) State or federal arrests.
(3) A record of state or federal arrests for which the Department of
Justice establishes that the person was released on bail or on the person’s own recognizance pending trial or appeal.
(Added by Stats. 2024, Ch. 997, Sec. 11. (AB 179) Effective September 30, 2024.)
With the approval of the department, state agencies may install and operate toll-free telephone lease lines to provide access by the public and local governmental agencies. The department shall adopt guidelines for the use of toll-free lease lines by state agencies as are necessary to promote the efficient use thereof. Following approval of the department, the toll-free telephone number shall be published at least once in the California Regulatory Notice Register.
The information which is made available on toll-free lease lines shall be accessible by both tone dial and rotary dial telephones.
(Amended by Stats. 1990, Ch. 393, Sec. 1.)
(a) The California State Sheriffs Search and Rescue Coordinators, or any successor entity, may plan and construct a memorial in the Capitol Historic Region, in consultation with the department, to honor California search-and-rescue volunteers who have died in the line of duty.
(b) The Search and Rescue Memorial Review Committee is hereby established and shall include as members all of the following:
(1) The
Director of the Department of General Services, 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 committee shall consult with the California State Sheriffs Search and Rescue Coordinators to identify an appropriate location for the memorial in the Capitol Historic Region and review a memorial design.
(d) The department, in consultation with the California State Sheriffs Search and Rescue Coordinators, shall accomplish the following goals:
(1) Review of the preliminary design plans to identify potential maintenance concerns.
(2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) compliance, and other safety concerns.
(3) Review and approval of proper 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 of 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 California State Sheriffs Search and Rescue Coordinators’ 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 State Sheriffs Search and Rescue Coordinators.
(e) If the California State Sheriffs Search and Rescue Coordinators undertake 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.
(f) The department and the Search and Rescue Memorial Review Committee shall approve the design of the memorial.
(g) If the California State Sheriffs Search and Rescue Coordinators undertake 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 Department of Finance has determined that sufficient private funding is available to construct and maintain the memorial.
(h) The planning, construction, and maintenance of the memorial shall be funded exclusively through private donations to a nonprofit foundation, the Search and Rescue Memorial Foundation, to be established for that purpose.
(i) If the
California State Sheriffs Search and Rescue Coordinators undertake 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.
(Added by Stats. 2007, Ch. 311, Sec. 1. Effective January 1, 2008.)
(a) The Military Order of the Purple Heart, Capitol Chapter 385, or any successor entity, may plan and construct a memorial in the Capitol Historic Region, in consultation with the department, to honor California residents who have been awarded the Purple Heart.
(b) The Purple Heart Memorial Review Committee is hereby established and shall include as members all of the following:
(1) The Director of General
Services, 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 committee shall consult with the Military Order of the Purple Heart, Capitol Chapter 385, to identify an appropriate location for the memorial in the Capitol Historic Region and review a memorial design.
(d) The department, in consultation with the Military Order of the Purple Heart, Capitol Chapter 385, shall accomplish the following goals:
(1) Review of the preliminary design
plans to identify potential maintenance concerns.
(2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) compliance, and other safety concerns.
(3) Review and approval of proper 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 of 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 Military Order of the Purple Heart, Capitol Chapter 385’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 Military Order of the Purple Heart, Capitol Chapter 385.
(e) If the Military Order of the Purple Heart, Capitol Chapter 385 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.
(f) The department and the Purple Heart Memorial Review Committee shall approve the design of the memorial.
(g) If the Military Order of the Purple Heart, Capitol Chapter 385 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.
(h) The planning, construction, and maintenance of the memorial shall be funded exclusively through private donations to a nonprofit foundation, the Purple Heart Memorial Foundation, to be established for that purpose.
(i) If the Military Order of the Purple Heart, Capitol Chapter 385 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.
(j) Notwithstanding any other provision of law, any new veterans memorial approved pursuant to the master plan of the State Capitol Park, as adopted by the Joint Committee on Rules, shall be constructed within the existing boundary of the Capitol Veterans Memorial.
(Added by Stats. 2008, Ch. 585, Sec. 1. Effective January 1, 2009.)
(a) Upon its establishment, the California Crime Victims’ Memorial Foundation, or any successor entity, may plan and construct a memorial in the Capitol Historic Region, in consultation with the department, to honor California residents who are victims of crime.
(b) The California Crime Victims’ Memorial Review Committee is hereby established and shall include as members all of the following:
(1) The Director of
General Services, 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 committee shall consult with the California Crime Victims’ Memorial Foundation to identify an appropriate location for the memorial in the Capitol Historic Region and review a memorial design.
(d) The department, in consultation with the California Crime Victims’ Memorial Foundation, shall accomplish the following goals:
(1) Review of the preliminary design plans to
identify potential maintenance concerns.
(2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) compliance, and other safety concerns.
(3) Review and approval of proper 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 of 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 California Crime Victims’ Memorial Foundation’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 Crime Victims’ Memorial Foundation.
(e) If the California Crime Victims’ Memorial Foundation 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.
(f) The department and the California Crime Victims’ Memorial
Review Committee shall approve the design of the memorial.
(g) If the California Crime Victims’ Memorial Foundation undertakes responsibility to construct a memorial under this section, it shall not begin construction of the memorial until (1) the master plan of the State Capitol Park is approved and adopted by the Joint Committee on Rules and (2) the Department of Finance and the Joint Committee on Rules have determined that sufficient private funding is available to construct and maintain the memorial.
(h) The planning, construction, and maintenance of the memorial shall be funded exclusively through private donations to a nonprofit foundation, the California Crime Victims’ Memorial Foundation, to be established for that purpose.
(i) If the California Crime Victims’ Memorial Foundation 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.
(Added by Stats. 2008, Ch. 584, Sec. 1. Effective January 1, 2009.)
(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.
(Added by Stats. 2012, Ch. 719, Sec. 1. (AB 1652) Effective September 28, 2012.)
(a) The Ronald Reagan Centennial Capitol Foundation may, in consultation with the Department of General Services, plan a statue of Ronald Reagan in the State Capitol Building Annex.
(b) The Department of General Services, in consultation with the Ronald Reagan Centennial Capitol Foundation, shall accomplish the
following goals:
(1) Review of the preliminary design plans to identify potential maintenance concerns.
(2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) compliance, and other safety concerns.
(3) Review and approval of proper 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 of 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 Ronald Reagan Centennial Capitol Foundation’s responsibility for the long-term maintenance of the statue due to aging, vandalism, or relocation.
(7) Inspect the construction performed by the contractor selected by the Ronald Reagan Centennial Capitol Foundation.
(c) If the Ronald Reagan Centennial Capitol Foundation undertakes responsibility to construct a statue under this section, it shall, in consultation with the Department of General Services, establish a schedule for the design, construction, and dedication of the statue, implement procedures to solicit designs for the
statue, devise a selection process for the choice of the design, and establish a program for the dedication of the
statue.
(d) The Department of General Services and the Ronald Reagan Centennial Capitol Foundation shall approve the design and any other aspect of the statue.
(e) If the Ronald Reagan Centennial Capitol Foundation undertakes responsibility to construct a statue under this section, it shall not begin construction of the statue until the Joint Committee on Rules has approved and adopted the plan for the
statue, 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 statue.
(f) The planning, construction, and maintenance of the
statue shall be funded exclusively through private donations to the Ronald Reagan Centennial Capitol Foundation.
(g) If the Ronald Reagan Centennial Capitol Foundation undertakes responsibility to construct a statue under this section, it shall sign a maintenance agreement with the state, as created under paragraph (6) of subdivision (b), to maintain the statue with private contributions.
(Added by Stats. 2012, Ch. 682, Sec. 1. (AB 2358) Effective January 1, 2013.)
(a) The Mervyn M. Dymally African American Political and Economic Institute may, in consultation with the Department of General Services, plan a bust of Mervyn M. Dymally to be placed in the State Capitol Building Annex.
(b) The Department of General Services, in consultation with the Mervyn M. Dymally African American Political and Economic Institute, shall accomplish the following goals:
(1) Review the preliminary design plans to identify potential maintenance concerns.
(2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) compliance and
other safety concerns.
(3) Review and approve proper 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 Mervyn M. Dymally African American Political
and Economic Institute’s responsibility for the long-term maintenance of the bust due to aging, vandalism, or relocation.
(7) Inspect the construction performed by the contractor selected by the Mervyn M. Dymally African American Political and Economic Institute.
(c) If the Mervyn M. Dymally African American Political and Economic Institute undertakes responsibility for a bust under this section, it shall, in consultation with the Department of General Services, establish a schedule for dedication of the bust and establish a program for the dedication of the bust.
(d) The planning and maintenance of the bust shall be funded exclusively through private donations to the Mervyn M. Dymally African American
Political and Economic Institute.
(e) If the Mervyn M. Dymally African American Political and Economic Institute undertakes responsibility for a bust under this section, all of the following shall apply:
(1) The Department of General Services and the Mervyn M. Dymally African American Political and Economic Institute shall approve any aspect of the installation of the bust.
(2) The installation of the bust shall not begin until both of the following have occurred:
(A) The Joint
Committee on Rules and the Department of Finance have determined that sufficient private funding is available to install and maintain the bust.
(B) The Joint Committee on Rules has approved and adopted the plan for the bust.
(3) The Mervyn M. Dymally African American Political and Economic Institute shall sign a maintenance agreement with the state, as created under paragraph (6) of subdivision (b), to maintain the bust exclusively through private contributions.
(Amended by Stats. 2018, Ch. 339, Sec. 1. (AB 2036) Effective January 1, 2019.)
(a) Tribal nations in the Sacramento, California, region, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the California Native people of the Sacramento, California, region on the grounds of the State Capitol in accordance with this section.
(b) The Department of General Services, in consultation with tribal nations in the Sacramento, California, region, 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
other safety concerns.
(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.
(4) Review final construction documents to ensure that the documents comply with all applicable laws.
(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
an agreement outlining the responsibility of tribal nations in the Sacramento, California, region for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect all construction performed pursuant to this section by the contractor selected by the tribal nations in the Sacramento, California, region pursuant to this section.
(c) If the tribal nations in the Sacramento, California, region undertake responsibility for a monument pursuant to this section, they shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The tribal nations shall not begin construction of the monument until both of the following have occurred:
(1) The Joint Rules Committee has approved and adopted the plan for the monument.
(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and pay for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(d) The planning and construction of the monument shall be funded exclusively through private funding from the tribal nations in the Sacramento, California, region.
(e) Regular maintenance of the monument shall be the responsibility of the Department of General Services, in accordance with the department’s general maintenance responsibilities in Capitol Park. For the purposes of this subdivision, regular maintenance shall not include repair, refurbishment, or restoration of the monument, which shall remain the responsibility of the tribal nations.
(Amended by Stats. 2023, Ch. 45, Sec. 36. (AB 127) Effective July 10, 2023.)
(a) A recognized 501(c)(3) nonprofit organization representing Gold Star Families, in consultation with the Department of General Services, may plan, construct, and maintain a monument to the Gold Star Families of California on the grounds of the State Capitol in accordance with this section.
(b) The Department of General Services, in consultation with the nonprofit organization representing Gold Star Families, 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 address safety concerns.
(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.
(4) Review final construction documents to ensure that the documents comply with all applicable laws.
(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 responsibility of the nonprofit organization representing Gold Star Families for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect all construction performed pursuant to this section by the contractor selected by the nonprofit organization representing Gold Star Families.
(c) If a nonprofit organization representing Gold Star Families undertakes responsibility for a monument pursuant to this section, it shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The organization shall not begin construction of the monument
until both of the following have occurred:
(1) The Joint Rules Committee has approved and adopted the plan for the monument.
(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to
construct and maintain the monument.
(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding.
(Added by Stats. 2022, Ch. 205, Sec. 1. (AB 1762) Effective January 1, 2023.)
(a) A recognized nonprofit organization that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, and that represents blind veterans, in consultation with the Department of General Services, may plan, construct, and maintain in the State Capitol Building, in accordance with this section, a braille American flag to serve as a monument to the blind veterans of California and the United States.
(b) The Department of General Services, in consultation with the nonprofit organization representing blind veterans, 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 address safety concerns.
(3) Review and approve any documents, if applicable, prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for any work performed on the grounds of the State Capitol or within the State Capitol Building.
(4) Review final construction documents to ensure that the documents comply with all applicable laws.
(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 responsibility of the nonprofit organization for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect all construction performed pursuant to this section by the contractor selected by the nonprofit organization.
(c) If a nonprofit organization representing blind veterans undertakes responsibility for planning, constructing, and maintaining a braille American flag pursuant to this section, it shall submit a plan to the Joint Rules Committee for its review and
approval. The organization shall not begin construction of the flag until both of the following have occurred:
(1) The Joint Rules Committee has approved and adopted the plan for the flag.
(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the flag.
(d) The planning, construction, and maintenance of the braille American flag shall be funded exclusively through private funding.
(Added by Stats. 2023, Ch. 299, Sec. 2. (AB 298) Effective January 1, 2024.)
(a) A recognized 501(c)(3) nonprofit organization representing veterans of the wars in Iraq, Afghanistan, and Kuwait, in consultation with the Department of General Services, may plan, construct, and maintain a monument to veterans of the wars in Iraq, Afghanistan, and Kuwait on the grounds of the State Capitol in accordance with this section.
(b) The Department of General Services, in consultation with the nonprofit organization representing veterans of the wars in Iraq, Afghanistan, and Kuwait, 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 address safety concerns.
(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)
of the Public Resources Code) for the work on the grounds of the State Capitol.
(4) Review final construction documents to ensure that the documents comply with all applicable laws.
(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 responsibility of the nonprofit organization representing veterans of the wars in
Iraq, Afghanistan, and Kuwait for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect all construction performed pursuant to this section by the contractor selected by the nonprofit organization representing veterans of the wars in Iraq, Afghanistan, and Kuwait.
(c) If a nonprofit organization representing veterans of the wars in Iraq, Afghanistan, and Kuwait
undertakes responsibility for a monument pursuant to this section, it shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The organization shall not begin construction of the monument until both of the following have occurred:
(1) The Joint Rules Committee has approved and adopted the plan for the monument.
(2) The Joint Rules Committee and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.
(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding.
(Added by Stats. 2023, Ch. 371, Sec. 1. (AB 1452) Effective January 1, 2024.)
(a) A recognized 501(c)(3) nonprofit organization representing victims and survivors of communism, in consultation with the Department of General Services, may plan, construct, and maintain a monument to victims and survivors of communism on the grounds of the State Capitol in accordance with this section.
(b) The Department of General Services, in consultation with the nonprofit organization representing victims and survivors of communism, 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 address safety concerns.
(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the State Capitol.
(4) Review final construction documents to ensure that the documents comply with all applicable laws.
(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 responsibility of the nonprofit organization representing
victims and survivors of communism for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect all construction performed pursuant to this section by the contractor selected by the nonprofit organization representing victims and survivors of communism.
(c) If a nonprofit organization representing victims and survivors of communism undertakes responsibility for a monument pursuant to this section, it shall submit a plan for the monument to the Joint Rules Committee for its review and approval. The organization shall not begin construction of the monument until both of the following have occurred:
(1) The Joint Rules Committee has approved and adopted the plan for the monument.
(2) The Joint Rules Committee and the
Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.
(d) The planning, construction, and maintenance of the monument shall be funded exclusively through private funding.
(Added by Stats. 2024, Ch. 256, Sec. 1. (SB 1407) Effective January 1, 2025.)
(a) (1) A recognized nonprofit organization that is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, and that represents Mexican Americans or Mexican immigrants, may enter into negotiations with the Department of General Services and, where applicable, the state agency with jurisdiction over the proposed
state-owned property, as determined by paragraph (2), to plan, construct, and maintain, in accordance with this section, a memorial to Mexican Americans and Mexican immigrants who were forcibly deported from the United States during the Great Depression.
(2) The memorial shall be located at an appropriate public place in the City or County of Los Angeles. If the nonprofit organization representing Mexican Americans or Mexican immigrants proposes to locate the memorial on state property, and if the Department of General Services determines that the property is available and suitable for the proposed memorial,
the nonprofit organization may enter into negotiations with the Department of General Services and, where applicable, the state agency with jurisdiction over the state property where the memorial is proposed, to utilize the state-owned property.
(3) Only
one memorial may be constructed pursuant to this section.
(b) The Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state property, as determined by paragraph (2) of subdivision (a), in consultation with the nonprofit organization representing Mexican Americans or Mexican immigrants, 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 address safety concerns.
(3) Review and approve any documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the work on the grounds of the memorial.
(4) Review final construction documents to ensure that the documents comply with all applicable laws.
(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 responsibility of the nonprofit organization representing Mexican Americans or Mexican immigrants for
any and all maintenance obligations of the memorial.
(7) Inspect all construction performed pursuant to this section by the contractor selected by the nonprofit organization representing Mexican Americans or Mexican immigrants.
(c) If a nonprofit organization representing Mexican Americans or Mexican immigrants undertakes responsibility for a memorial pursuant to this section, it shall submit a plan for the memorial to the
Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property, as determined by paragraph (2) of subdivision (a), for its review and approval. The organization shall not begin construction of the memorial until both of the following have occurred:
(1) The Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property,
as determined by paragraph (2) of subdivision (a), has approved and adopted the plan for the memorial.
(2) The Department of General Services and, where applicable, the state agency with jurisdiction over the proposed state-owned property, as determined by paragraph (2) of subdivision (a), and the Department of
Finance have determined that sufficient private funding is available to construct and maintain the memorial.
(d) The planning, construction, and maintenance of the memorial, and the cost of reviewing and approving the plan pursuant to subdivision (c), shall be funded exclusively through private funding.
(Added by Stats. 2024, Ch. 859, Sec. 2. (SB 537) Effective January 1, 2025.)
(a) In addition to the authority contained in Section 14638, a nonprofit organization representing Mexican Americans or Mexican immigrants may propose to locate the memorial on a site within the County of Los Angeles that is not state property. If the nonprofit organization proposes a site owned by the City of Los Angeles or the County of Los Angeles for location of the memorial, the nonprofit organization shall follow any procedures that the City of Los Angeles or the County of Los Angeles require to consider approving the proposed memorial.
(b) This section shall not be construed to affect the ability of the City of Los Angeles or the County of Los Angeles to consider or approve the construction of any memorials for any
purpose.
(Added by Stats. 2024, Ch. 859, Sec. 3. (SB 537) Effective January 1, 2025.)