Chapter 4.1International Genocide Memorial

Section § 6310

Explanation

This law establishes the International Genocide Memorial Commission within the California state government. It has nine members appointed by different parts of the government: two by the Speaker of the Assembly, two by the Senate Committee on Rules, and five by the Governor. Some members must be genocide survivors or descendants. The commission selects a chairperson from among its members, and legislative members participate without voting. If a commission member cannot attend, a representative may attend on their behalf. Members do not receive compensation but can get reimbursement for expenses, except for the legislative members.

(a)CA Government Code § 6310(a) There is in state government the International Genocide Memorial Commission composed of nine members, as follows:
(1)CA Government Code § 6310(a)(1) Two members appointed by the Speaker of the Assembly, at least one of whom shall be a Member of the Assembly. The nonlegislative member shall be a genocide survivor or a descendant of a genocide survivor.
(2)CA Government Code § 6310(a)(2) Two members appointed by the Senate Committee on Rules, at least one of whom shall be a Member of the Senate. The nonlegislative member shall be a genocide survivor or a descendant of a genocide survivor.
(3)CA Government Code § 6310(a)(3) Five members appointed by the Governor, one of whom shall be a member of the Governor’s staff or a Governor’s appointee in the executive branch of state government and at least four of whom shall be genocide survivors or descendants of genocide survivors.
(b)CA Government Code § 6310(b) The members shall elect one of their number to serve as chairperson.
(c)CA Government Code § 6310(c) Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that the participation is not incompatible with their legislative duties.
(d)CA Government Code § 6310(d) Members of the commission may select representatives to attend commission activities if they themselves are unable to attend.
(e)CA Government Code § 6310(e) Members of the commission shall receive no compensation but, except for the legislative members, shall receive per diem and expenses while engaged in commission activities.
International Genocide Memorial Commission genocide survivors descendants of genocide survivors Speaker of the Assembly Senate Committee on Rules Governor appointees state government commission nonlegislative member ex officio member commission activities per diem expense reimbursement chairperson election commission representatives
(Added by Stats. 2006, Ch. 849, Sec. 2. Effective January 1, 2007.)

Section § 6311

Explanation

This law allows the construction of a memorial for California’s genocide survivors in the Capitol Historic Region, but it needs approval from both the Department of General Services and the Capitol Park Master Plan Group before starting. The project can't begin until the State Capitol Park master plan is approved by the Joint Committee on Rules, but if not approved by January 1, 2021, an exemption can be requested. Funds for the memorial must come from private contributions, and the commission can accept these donations.

Additionally, the department must work with the International Genocide Memorial Commission to ensure the project meets design, maintenance, safety, and accessibility standards, including ADA compliance. They must also ensure all environmental documents are compliant and review all construction documents and plans thoroughly. The final step involves preparing a detailed right of entry permit that outlines the specifics of the work and responsibilities.

(a)CA Government Code § 6311(a) The construction of a memorial to California’s genocide survivors in the Capitol Historic Region is hereby authorized. The actual construction of the memorial may not proceed without the prior approval of the Department of General Services and the Capitol Park Master Plan Group.
(b)CA Government Code § 6311(b) The department 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. However, if the master plan of the State Capitol Park is not approved or adopted by the Joint Committee on Rules on or before January 1, 2021, the department may apply to the Joint Committee on Rules for an exemption to allow siting and construction.
(c)CA Government Code § 6311(c) Funds for the construction of the memorial shall be provided through private contributions. The commission may receive contributions for this purpose.
(d)CA Government Code § 6311(d) The department, in consultation with the International Genocide Memorial Commission, shall seek to accomplish the following goals:
(1)CA Government Code § 6311(d)(1) Review the preliminary design plans to identify potential maintenance concerns.
(2)CA Government Code § 6311(d)(2) Compliance with the Americans with Disabilities Act and other safety concerns.
(3)CA Government Code § 6311(d)(3) Review and approval of proper California Environmental Quality Act documents prepared for work at the designated historic property.
(4)CA Government Code § 6311(d)(4) Review of final construction documents to ensure that all requirements are met.
(5)CA Government Code § 6311(d)(5) Preparation of 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.
California genocide memorial Capitol Historic Region Department of General Services approval Capitol Park Master Plan Group Joint Committee on Rules private contributions funding International Genocide Memorial Commission maintenance concerns Americans with Disabilities Act compliance California Environmental Quality Act construction documents review right of entry permit historic property work state property damage provisions building siting exemption
(Amended by Stats. 2016, Ch. 700, Sec. 1. (AB 2790) Effective September 27, 2016.)

Section § 6312

Explanation

This law gives a commission the authority to oversee the entire process of designing and building a memorial. It specifies that the commission can set timelines for the project, create a method for choosing a design, and select who will help raise funds and build the memorial. Additionally, they must oversee the project and organize its dedication ceremony. Moreover, they're required to update the Legislature on the project's progress every six months.

With respect to the design and construction of the memorial, the commission may do all of the following:
(a)CA Government Code § 6312(a) Establish a schedule for design, construction, and dedication of the memorial.
(b)CA Government Code § 6312(b) Implement procedures to solicit designs for the memorial and devise a selection process for the choice of the design.
(c)CA Government Code § 6312(c) Select individuals or organizations to provide fundraising services and to construct the memorial.
(d)CA Government Code § 6312(d) Review and monitor the design and construction of the memorial and establish a program for the dedication of the memorial.
(e)CA Government Code § 6312(e) Report to the Legislature biannually through the Joint Committee on Rules on the progress of the memorial notwithstanding Section 7550.5.
memorial design memorial construction fundraising services design selection process project timeline biannual reporting Legislature update dedication ceremony commission authority project oversight progress monitoring
(Added by Stats. 2006, Ch. 849, Sec. 2. Effective January 1, 2007.)

Section § 6313

Explanation

This law states that no state money can be used to fund the construction of a memorial described in this chapter. Instead, the money must come entirely from private donations.

Additionally, if the memorial is built, the commission is responsible for maintaining it and must ensure all necessary funding and resources for its upkeep are provided.

(a)CA Government Code § 6313(a) No state moneys shall be expended for any of the purposes specified in this chapter. Funds for the construction of the memorial shall be provided exclusively through private contributions for this purpose.
(b)CA Government Code § 6313(b) If the memorial is constructed, the commission shall maintain the memorial by providing for all necessary funding and resources.
state funds prohibition private contributions memorial construction funding private donations memorial maintenance commission responsibilities resource provision upkeep funding public memorial funding memorial project financing
(Added by Stats. 2006, Ch. 849, Sec. 2. Effective January 1, 2007.)