41-1363

41-1363. Monuments and memorials within
governmental mall; legislative authorization; approval;
procedure

A. Notwithstanding section 34-225 or any other law, a monument or memorial in
recognition of or honoring a person, group, entity or event shall be located in the
governmental mall only if a prior legislative act authorizes the monument or memorial.

B. After legislative authorization, a monument or memorial may be established by
the following procedures:

1. The proponents shall submit a concept to the department of administration for
the design, dimensions and location of the monument or memorial.

2. The department of administration shall review the concept and determine the most
appropriate location that highlights the monument or memorial and preserves the integrity
of the governmental mall.

3. The department of administration shall submit its review and recommendations to
the legislative governmental mall commission including recommendations regarding its
ability to maintain the monument or memorial.

4. After recommendations from the historical advisory commission regarding the
historical integrity of the monument or memorial and after any necessary negotiations
with the proponents, the legislative governmental mall commission, in consultation with
the department of administration, shall approve the final design, dimensions, location
and maintenance requirements of the monument or memorial, the minimum dollar amount
required for deposit in the state monument and memorial repair fund established by
section 41-1365 and any statement, declaration, writing or inscription that will be
imprinted or stamped on the monument or memorial.

5. Before the beginning of construction of the monument or memorial, the proponents
shall enter into a contract with the department of administration specifying the
conditions of the design, dimensions and location of the monument or memorial, a list of
the artists, contractors and subcontractors that will be employed, the minimum dollar
amount required for deposit in the state monument and memorial repair fund established by
section 41-1365 and a verification that all employees for the project are insured and
that this state is indemnified against any liability in regard to the construction.

6. An approved monument or memorial shall be completed and dedicated to this state
within two years after the effective date of the legislative act authorizing the monument
or memorial.

C. Except as otherwise provided in this section or section 41-1365, all
fund-raising, establishment and administration of a fund for deposit of monies and
contracts for artistic design and construction of the monument or memorial are the sole
responsibility of the proponents.

D. If the completed monument or memorial deviates from the final design or
dimension that was approved by the legislative governmental mall commission or any
statement, declaration, writing or inscription that is imprinted or stamped on the
monument or memorial deviates from that which was approved by the legislative
governmental mall commission, the proponents are responsible for any costs incurred to
conform the monument or memorial to the approved form.

E. The proponents shall collect an amount equal to at least ten per cent of the
artistic design and construction costs of the monument or memorial or the amount approved
by the legislative governmental mall commission as provided in subsection B of this
section. The department of administration shall deposit these monies in the state
monument and memorial repair fund established by section 41-1365 for the maintenance,
repair, reconditioning or relocation of that monument or memorial. The monies must be
deposited in the fund before the beginning of construction of the monument or memorial.

F. On review and approval by the legislative governmental mall commission, the
department of administration may relocate monuments or memorials that are located in the
governmental mall.

G. This section does not apply to monuments or memorials in which a political
subdivision has a contractual interest and that are located in the governmental mall but
that are outside Wesley Bolin plaza.