BILL NUMBER: AB 2043 CHAPTERED 09/29/08 CHAPTER 584 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2008 APPROVED BY GOVERNOR SEPTEMBER 29, 2008 PASSED THE SENATE AUGUST 7, 2008 PASSED THE ASSEMBLY AUGUST 12, 2008 AMENDED IN SENATE AUGUST 5, 2008 AMENDED IN ASSEMBLY MAY 15, 2008 AMENDED IN ASSEMBLY APRIL 1, 2008 INTRODUCED BY Assembly Members Spitzer and Ma (Principal coauthors: Senators Ackerman and Romero) (Coauthors: Assembly Members Adams, Aghazarian, Anderson, Arambula, Benoit, Berryhill, Blakeslee, Carter, Cook, Davis, DeVore, Duvall, Emmerson, Eng, Fuller, Gaines, Galgiani, Garcia, Garrick, Hayashi, Horton, Houston, Huff, Jeffries, Karnette, Keene, Krekorian, La Malfa, Maze, Mullin, Nakanishi, Nava, Niello, Parra, Plescia, Portantino, Price, Sharon Runner, Silva, Smyth, Solorio, Strickland, Tran, Villines, Walters, and Wolk) (Coauthors: Senators Battin, Correa, Harman, Maldonado, Margett, and Runner) FEBRUARY 15, 2008 An act to add Section 14630 to the Government Code, relating to the State Capitol. LEGISLATIVE COUNSEL'S DIGEST AB 2043, Spitzer. Crime victims' memorial. Existing law prescribes various duties of the Department of General Services in connection with development and maintenance of the park around the State Capitol Building. This bill would authorize the California Crime Victims' Memorial Foundation, upon its establishment, in consultation with the department and a specifically created committee, to construct and maintain a memorial in the Capitol Historic Region to honor California residents who are victims of crime. It would require that the planning, construction, and maintenance of the memorial be funded with private donations through a nonprofit foundation to be established. It also would prohibit 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 and the Joint Committee on Rules have determined that sufficient private funding is available to construct and maintain the memorial. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14630 is added to the Government Code, to read: 14630. (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.