BILL NUMBER: SB 1245 CHAPTERED 09/28/08 CHAPTER 520 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2008 APPROVED BY GOVERNOR SEPTEMBER 28, 2008 PASSED THE SENATE AUGUST 5, 2008 PASSED THE ASSEMBLY AUGUST 4, 2008 AMENDED IN ASSEMBLY JULY 3, 2008 INTRODUCED BY Senator Negrete McLeod FEBRUARY 15, 2008 An act to amend Section 1334 of, and to add Section 1335.5 to the Military and Veterans Code, relating to veterans memorials. LEGISLATIVE COUNSEL'S DIGEST SB 1245, Negrete McLeod. California Mexican American Veterans' Memorial. Existing law establishes the California Mexican American Veterans' Memorial Beautification and Enhancement Committee and provides for its composition and duties. Existing law authorizes the beautification and enhancement of an existing memorial on state grounds, as defined, provided for through private contributions, and authorizes the committee to, among other things, establish a schedule for its design, construction, and dedication; to solicit designs and devise a process for selection of the final design; to monitor construction; and to consult with and obtain final design and site orientation approval from the Department of General Services. This bill would require the Department of General Services, in consultation with the committee, to accomplish specified goals with respect to the design and construction of the memorial. This bill would, before any construction begins, require the Department of Finance to determine that sufficient private funding is available to construct, enhance, and maintain the memorial and the committee to sign a maintenance agreement, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1334 of the Military and Veterans Code is amended to read: 1334. (a) The beautification and enhancement of an existing memorial on state grounds is hereby authorized. For the purposes of this act, "state grounds" means that property in the City of Sacramento bounded by "Ninth," "Tenth," "L," and "N" Streets. The actual site for the beautification and enhancement of the memorial shall be the site of the existing memorial and surrounding ground. (b) Funds for the beautification and enhancement of the memorial shall be provided through private contributions and through existing funds collected under the auspices of the California Mexican American Veterans' Memorial Beautification and Enhancement Commission. The Department of Veterans Affairs may receive contributions for this purpose. (c) If the California Mexican American Veterans' Memorial Beautification and Enhancement Committee undertakes responsibility to construct a memorial under this chapter, it shall not begin construction until the Department of Finance has determined that sufficient private funding is available to construct, enhance, and maintain the memorial, and the committee signs a maintenance agreement with the state, as created under subdivision (f) of Section 1335.5, to maintain the memorial with private contributions. SEC. 2. Section 1335.5 is added to the Military and Veterans Code, to read: 1335.5. With respect to the design and construction of an enhanced memorial, the Department of General Services, in consultation with the committee, shall seek to accomplish the following goals: (a) Review the preliminary design plans to identify potential maintenance concerns. (b) Compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336) and other safety concerns. (c) Review and approval of proper California Environmental Quality Act documents prepared for work at the designated state grounds. (d) Review of final construction documents to ensure that all requirements are met. (e) Preparation and attainment 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. (f) Prepare a maintenance agreement outlining the California Mexican American Veterans' Memorial Beautification and Enhancement Committee's responsibility for the long-term maintenance of the memorial due to aging, vandalism, or relocation. (g) Inspect the construction performed by the contractor selected by the California Mexican American Veterans' Memorial Beautification and Enhancement Committee.