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 establish the War on Terror Memorial Committee, and would require the committee, in consultation with the department, to conduct a review of the feasibility and best practices for the establishment and construction of a War on Terror Memorial in or around the State Capitol Park. The bill would also require the committee to report its findings and recommendations to the Legislature, as provided, and would prohibit the expenditure of state funds for purposes of implementing its provisions.

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 establish the War on Terror Memorial Committee, and would require the committee, in consultation with the department, to conduct a study review of the feasibility and best practices for the establishment and construction of a War on Terror Memorial in or around the State Capitol Park. The bill would also require the committee to report its findings and recommendations to the Legislature, as provided. provided, and would prohibit the expenditure of state funds for purposes of implementing its provisions.

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 establish the War on Terror Memorial Committee, and would require the committee, in consultation with the department, to conduct a study of the feasibility and best practices for the establishment and construction of a War on Terror Memorial in or around the State Capitol Park. The bill would also require the committee to report its findings and recommendations to the Legislature, as provided.

 CONSENT  

Bill No: SB 1452

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 4/24/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT:

SOURCE: Author

DIGEST:

This bill establishes the War on Terror Memorial Committee (Committee), and requires the Committee to review the feasibility and best practices for the construction of a War on Terror Memorial in or around the State Capitol Park.

ANALYSIS:

Existing law:

1. 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.
2. Authorizes the construction of various memorials in the Capitol Historic Region.
3. Establishes the Office of Historic Preservation in the Department of Parks and Recreation and provides that the Office shall provide information and technical assistance to local and state organizations to promote preservation and enhancement of historical resources, among other things.
4. Specifies that any report required or requested by law to be submitted to the members of either house or the Legislature generally shall be submitted as a printed copy to the Secretary of State, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel.

This bill:

1. Establishes the Committee, and requires, in consultation with DGS, that the Committee conduct a review of the feasibility and best practices for the establishment and construction of a War on Terror Memorial in or around the State Capitol Park.
2. Requires the Committee to report its findings and recommendations to the Legislature on or before January 1, 2022.
3. Provides that the Committee shall initially be composed of the chair and vice chair of the Senate and Assembly Committees on Veterans Affairs, and that the Senate and Assembly Rules Committees shall recommend five additional members.
4. Requires the initial members of the Committee to meet on or before January 1, 2020, and that the full committee shall meet on or before May 1, 2020.
5. Authorizes the Committee to consult with the Office of Historic Preservation and any other relevant agency, organization, or person, at its discretion.
6. Provides that members of the Committee shall not receive any compensation or reimbursement.
7. Prohibits the use of state funds for purposes of implementing this bill.

Background

Purpose of the bill. According to the author, “since September 11, 2001 at least 785 Californians have given their lives in support of ongoing operations overseas under the umbrella of the Global War on Terror. In the case of previous conflicts involving the United States, memorials have been erected to recognize and memorialize the brave Californians who have made the ultimate sacrifice.”

Further, the author states that “following the war in Vietnam, a committee was created through legislation to study the feasibility and best practices and to coordinate the funding and construction of the California Vietnam Veterans Memorial, now a point of pride for Vietnam veterans. They successfully navigated the complexities of developing the project and the Vietnam Memorial is now among the most treasured features of the Capitol Park and serves as a point of pride for Vietnam veterans, their friends, and families from throughout the state. Our newest generation of warriors and their families certainly deserve the same.”

State Capitol Park memorials. Within the past 15 years three new memorials have been completed in or around Capitol Park: the California Veterans Memorial, the California Firefighters Memorial, the World Peace Rose Garden, and the President Ronald Reagan statue in the Capitol Building Annex. Additionally, staff has identified the following memorials in or around 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, Fallen Employees of the Department of Transportation Memorial, the Military Order of the Purple Heart Memorial, and the Civil War Memorial Grove. Furthermore, Capitol Park contains a monument in honor of Father Junipero Serra, Thomas Starr King, and bronze seals commemorating the California Indians and Spanish/Mexican settlers.

Several additional memorials have been approved by the Legislature (see Related/ Prior Legislation) but the Legislature has conditioned the start of construction of those memorials on adoption of a master plan for 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 currently 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 is important to note that this bill does not authorize the planning or construction of a memorial, the bill simply authorizes the Committee to review the feasibility and best practices for the establishment of a War on Terror Memorial.

Related/Prior Legislation

AB 983 (Frazier, 2017) would have authorized a designated working group, in consultation with DGS, to plan and construct the California Indigenous People Capitol Memorial. (Held in the Assembly Rules Committee)

AB 2704 (Gipson, Chapter 698, Statutes of 2016) authorized the Mervyn Dymally Capitol Foundation, upon establishment, to consult with DGS to plan a bust of Mervyn Dymally to be placed in the State Capitol Building Annex; and, prohibited construction of the bust until the Joint Committee on Rules approved and adopted the plan for the bust, and the Joint Committee on Rules and the Department of Finance determined that sufficient private funding was available to construct and maintain the bust.

SB 1324 (Anderson, 2014) would have established a California Native American Monument in the State Capitol Park to honor the contributions, history, and culture of Native Americans in California. (Held in the Senate Rules Committee)

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 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; and, prohibited construction of the statue until the Joint Committee on Rules approved and adopted the plan for the statue, and the Joint Committee on Rules and the Department of Finance determined that sufficient private funding was available to construct and maintain the statue.

SCR 82 (Blakeslee, Resolution Chapter 91, Statutes of 2012) requested DGS to work with appropriate third parties to advise and oversee the creation of a memorial for the California veterans who fought and served in Iraq, and ensured that the memorial is in the best interest of the State Capitol Park. Additionally, this resolution 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.

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 design and construction of the Memorial.

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.

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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/8/18)

American Legion-Department of California

AMVETS-Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America-California Council of Chapters

OPPOSITION: (Verified 5/8/18)

None received

Prepared by:

5/9/18 13:39:28

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: SB Hearing Date: 4/24/2018

SUBJECT:

DIGEST: This bill establishes the War on Terror Memorial Committee (Committee), and requires the Committee to review the feasibility and best practices for the construction of a War on Terror Memorial in or around the State Capitol Park.

ANALYSIS:

Existing law:

1. 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.
2. Authorizes the construction of various memorials in the Capitol Historic Region.
3. Establishes the Office of Historic Preservation (Office) in the Department of Parks and Recreation and provides that the Office shall provide information and technical assistance to local and state organizations to promote preservation and enhancement of historical resources, among other things.
4. Specifies that any report required or requested by law to be submitted to the members of either house or the Legislature generally shall be submitted as a printed copy to the Secretary of State, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel.

This bill:

1. Establishes the Committee, and requires, in consultation with DGS, that the Committee conduct a review of the feasibility and best practices for the establishment and construction of a War on Terror Memorial in or around the State Capitol Park.
2. Requires the Committee to report its findings and recommendations to the Legislature on or before January 1, 2022.
3. Provides that the Committee shall initially be composed of the chair and vice chair of the Senate and Assembly Committees on Veterans Affairs, and that the Senate and Assembly Rules Committees shall recommend five additional members.
4. Requires the initial members of the Committee to meet on or before January 1, 2020, and that the full committee shall meet on or before May 1, 2020.
5. Authorizes the Committee to consult with the Office of Historic Preservation and any other relevant agency, organization, or person, at its discretion.
6. Provides that members of the Committee shall not receive any compensation or reimbursement.
7. Prohibits the use of state funds for purposes of implementing this bill.

Background

Purpose of the bill. According to the author, “since September 11, 2001 at least 785 Californians have given their lives in support of ongoing operations overseas under the umbrella of the Global War on Terror. In the case of previous conflicts involving the United States, memorials have been erected to recognize and memorialize the brave Californians who have made the ultimate sacrifice.”

Further, the author states that “following the war in Vietnam, a committee was created through legislation to study the feasibility and best practices and to coordinate the funding and construction of the California Vietnam Veterans Memorial, now a point of pride for Vietnam veterans. They successfully navigated the complexities of developing the project and the Vietnam Memorial is now among the most treasured features of the Capitol Park and serves as a point of pride for Vietnam veterans, their friends, and families from throughout the state. Our newest generation of warriors and their families certainly deserve the same.”

State Capitol Park memorials. Within the past 15 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 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, Fallen Employees of the Department of Transportation Memorial, the Military Order of the Purple Heart Memorial, and the Civil War Memorial Grove. Furthermore, Capitol Park contains a monument in honor of Father Junipero Serra, Thomas Starr King, and bronze seals commemorating the California Indians and Spanish/Mexican settlers.

Several additional memorials have been approved by the Legislature (see Prior/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 currently 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 is important to note that this bill does not authorize the planning or construction of a memorial, the bill simply authorizes the Committee to review the feasibility and best practices for the establishment of a War on Terror Memorial.

Prior/Related Legislation

AB 983 (Frazier, 2017) would have authorized a designated working group, in consultation with DGS, to plan and construct the California Indigenous People Capitol Memorial. (Held in the Assembly Rules Committee)

AB 2704 (Gipson, Chapter 698, Statutes of 2016) authorized the Mervyn Dymally Capitol Foundation, upon establishment, to consult with DGS to plan a bust of Mervyn Dymally to be placed in the State Capitol Building Annex; and, prohibited construction of the bust until the Joint Committee on Rules approved and adopted the plan for the bust, and the Joint Committee on Rules and the Department of Finance determined that sufficient private funding was available to construct and maintain the bust.

SB 1324 (Anderson, 2014) would have established a California Native American Monument in the State Capitol Park to honor the contributions, history, and culture of Native Americans in California. (Held in the Senate Rules Committee)

AB 146 (Olsen, 2013) would have deleted 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. (Gutted and amended into an unrelated issue)

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 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; and, prohibited construction of the statue until the Joint Committee on Rules approved and adopted the plan for the statue, and the Joint Committee on Rules and the Department of Finance determined that sufficient private funding was available to construct and maintain the statue.

SCR 82 (Blakeslee, Resolution Chapter 91, Statutes of 2012) requested DGS to work with appropriate third parties to advise and oversee the creation of a memorial for the California veterans who fought and served in Iraq, and ensured that the memorial is in the best interest of the State Capitol Park. Additionally, this resolution 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 2043 (Spitzer, Chapter 584, Statutes of 2008) authorized the California Crime Victims’ Memorial Foundation, upon establishment, to consult 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 a crime; 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 determined that sufficient private funding was 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, to consult with DGS to construct and maintain a memorial in the Capitol Historic Region to honor California residents who have been awarded the Purple Heart; 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 determined that sufficient private funding was available to construct and maintain the memorial.

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 design and construction of the Memorial.

AB 136 (Emmerson, Chapter 311, Statutes of 2007) authorized the California State Sheriffs Search and Rescue Coordinators, to consult with DGS and a specifically created committee, to construct and maintain a memorial in the Capitol Historic Region in honor of search-and-rescue volunteers who have died in the line of duty in California; and, prohibited construction of the memorial until the master plan of the State Capitol Park is approved by the joint Committee on Rules, and the Department of Finance determined that sufficient private funding was available to construct and maintain the memorial.

AB 1210 (Levine, Chapter 849, Statutes of 2005) authorized the construction of the international genocide memorial in the Capitol Historic Region, subject to prior approval by DGS and the Capitol Park Master Plan Group, and prohibited the expenditure of state money for the project.

AB 1350 (Polanco, Chapter 1221, Statues 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.

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.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

None received

OPPOSITION:

None received