Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 287


Introduced by Assembly Member Frazier

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(Coauthors: Assembly Members Achadjian, Alejo, Ammiano, Bigelow, Blumenfield, Brown, Chávez, Chesbro, Eggman, Maienschein, Perea, Ting, V. Manuel Pérez, and Wilk)

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(Coauthors: Senators Cannella, Fuller, Nielsen, and Padilla)

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February 11, 2013


An act tobegin delete add Section 14633 to the Government Codeend deletebegin insert repeal Section 1301 of, and to repeal and add Chapter 4 (commencing with Section 1300) of Division 6 of, end insertbegin insertthe Military and Veterans Codeend insert, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 287, as amended, Frazier. Vietnam veterans’ memorial: update.

Existing law authorized the construction of a memorial to California’s Vietnam veterans on the grounds of the State Capitol, as specified, and provided that funds for the construction of the memorial would be provided through private contributions.begin delete Existing law prescribes various duties for the Department of General Services in connection with development and maintenance of the park around the State Capitol Building.end delete Existing law requires the Department of Veterans Affairs to establish a statewide Veterans Memorial Registry, and to make it available on that department’s Internet Web site.

This bill wouldbegin insert, until January 1, 2020,end insert require the Department of Veterans Affairsbegin delete, in coordination with the California State Commanders Veterans Council and the Vietnam Veterans of America,end delete to annually compile a list of names of Vietnam veterans to be added to the memorialbegin delete. The bill would require that the Department of General Services annually add the names from the list to the memorialend delete, as specified.begin insert The bill would require the department to form a specified committee to review and consider requests from the public to include names on the memorial, as specified. The bill would authorize the names on the list to be added to the memorial if specified requirements are met, including that adequate private funding is available.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertChapter 4 (commencing with Section 1300) of
2Division 6 of the end insert
begin insertMilitary and Veterans Codeend insertbegin insert is repealed.end insert

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertChapter 4 (commencing with Section 1300) is added
4to Division 6 of the end insert
begin insertMilitary and Veterans Codeend insertbegin insert, to read:end insert

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5 

6Chapter  begin insert4.end insert Vietnam Veterans Memorial
7

 

8

begin insert1300.end insert  

For the purposes of this chapter, “Vietnam Veterans
9Memorial” means the memorial to California’s Vietnam veterans
10on the grounds of the State Capitol.

11

begin insert1301.end insert  

(a) The Department of Veterans Affairs shall compile
12a list of names of Vietnam veterans to be added to the Vietnam
13Veterans Memorial. The department shall compile the list by
14November 1, 2014, and by November 1 of each year thereafter.

15(b) The department shall form a committee by July 1, 2014,
16chaired by the secretary or his or her designee and consisting of
17three representatives from the California State Commanders
18Veterans Council and two representatives from the Vietnam
19Veterans of America, California State Council, to review and
20consider requests to include names on the memorial pursuant to
21the requirements of subdivision (c). The committee’s decisions
22shall be final.

23(c) The list compiled pursuant to subdivision (a) shall contain
24the names of those individuals that are not included on the
25memorial at the time the list is compiled, including the names of
26veterans that were inadvertently left off of the memorial and the
27names of veterans who later died as a result of illness or injuries,
28including physical or mental injuries documented by the
P3    1Department of Defense, the Veterans Administration, or licensed
2medical professionals, that can reasonably be assumed to have
3resulted from military service in the Vietnam War.

4(d) Any veterans’ service organization or individual may submit
5the name of a veteran to the committee requesting it to be included
6on the list of names prepared pursuant to subdivision (a).

7(e) The names on the list compiled pursuant to subdivision (a)
8may be added to the memorial if adequate private funding is
9 available and there is sufficient space on the memorial to
10accommodate the names.

11(f) This section shall remain in effect only until January 1, 2020,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2020, deletes or extends that date.

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14

SECTION 1.  

Section 14633 is added to the Government Code,
15to read:

16

14633.  

(a) On February 1, 2014, and on February 1 of each
17year thereafter, the Department of Veterans Affairs shall compile
18a list of names of Vietnam veterans to be added to the memorial
19to California’s Vietnam veterans constructed pursuant to Section
201303 of the Military and Veterans Code.

21(b) The names on the list compiled pursuant to subdivision (a)
22consist of those individuals that are not included on the memorial
23at the time that the list is compiled, including the names of veterans
24that were inadvertently left off of the memorial and the names of
25veterans who later died as a result of illness or injuries, including
26physical or mental injuries documented by the Department of
27Defense, the Veterans Administration, or licensed medical
28professionals, that can reasonably be assumed to have resulted
29from military service in the Vietnam War.

30(c) The Department of Veterans Affairs shall coordinate with
31the California State Commanders Veterans Council and the
32Vietnam Veterans of America in compiling this list.

33(d) Any veterans’ service organization or individual may submit
34names for inclusion on the list prepared pursuant to subdivision
35(a).

36(e) The Department of General Services shall, on or before
37March 30 of the calendar year in which the list is compiled, add
38the names from the list compiled pursuant to subdivision (a) to the
39memorial.

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