Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 983

Introduced by Assembly Member Frazier

February 16, 2017

An act relating to the State Capitol. An act to add Section 14634 to the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 983, as amended, Frazier. California Indigenous People Capitol Memorial. Memorial: California Indigenous People Capitol Memorial Committee.
Existing law prescribes various duties for the Department of General Services in connection with the development and maintenance of the park around the State Capitol Building. Existing law authorizes the construction of various memorials in the Capitol Historic Region.
This bill would authorize a designated working group, in consultation with the department, to plan and construct the California Indigenous People Capitol Memorial, as provided.

Existing law prescribes various duties for the Department of General Services in connection with the development and maintenance of the park around the State Capitol Building. Existing law authorizes the construction of various memorials in the Capitol Historic Region.

This bill would state the intent of the Legislature to enact legislation that would establish a California Indigenous People Capitol Memorial.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

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

14634.
 (a) A designated working group, or any successor entity, may, in consultation with the department, plan and construct the California Indigenous People Capitol Memorial.
(b) The California Indigenous People Capitol 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 working group shall be composed of representatives of tribal nations, federally recognized tribes and tribal organizations with historical, geographic, or cultural connection to the State of California.
(d) The department, in consultation with the working group, 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 working group’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 Indigenous People Capitol Memorial Committee.
(e) If the working group 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 Indigenous People Capitol Memorial Committee shall approve the design of the memorial.
(g) If the working group 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 the working group.
(i) If the working group 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.

SECTION 1.

It is the intent of the Legislature to enact legislation that would establish a California Indigenous People Capitol Memorial.