BILL ANALYSIS �
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Ben Hueso, Chair
BILL NO: AB 287 HEARING DATE: 6/25/13
AUTHOR: Frazier
VERSION: As amended 4/29/13
FISCAL: Yes
VOTE: Majority
SUBJECT
Vietnam veterans' memorial: update.
DESCRIPTION
Summary
Requires the California Department of Veterans Affairs (CalVet)
to compile and update annually a list of names of deceased
Vietnam veterans to be added to the Vietnam Veterans Memorial on
the Capitol grounds.
Existing law:
Provides authorization and establishes a process for designing
and constructing a Vietnam Veterans Memorial. (MilVets Code
�1303)
This bill:
1. Requires CalVet to compile a list of names of deceased
Vietnam veterans to update the names currently depicted on
Vietnam Veterans Memorial.
2. Directs CalVet to compile this list by November 1, 2014, and
to update it annually by November 1.
3. Requires CalVet to form a committee to review and consider
requests to include names on the memorial:
a. Formed by July 1, 2014.
b. Chaired by the CalVet Secretary (or designee).
c. Including three representatives from the
California State Commanders Veterans Council and two
representatives from the Vietnam Veterans of America,
California State Council.
4. States that the Committee's decisions shall be final.
5. Provides that the list shall contain the names of persons not
included on the Memorial at the time the List is compiled,
including the names of veterans inadvertently left off and
the names of veterans who later died as a result of illness
or injuries, including physical or mental injuries documented
by the Department of Defense (DOD), the U.S. Veterans
Administration, or licensed medical professionals, that can
reasonably be assumed to have resulted from military service
in the Vietnam War.
6. States that any veterans service organization or individual
may submit the name of a veteran to the Committee requesting
it to be included on the list.
7. States that the names on the list may be added to the
Memorial if adequate private funding is available and there
is sufficient space on the Memorial to accommodate the names.
8. Specifies that this law shall remain in effect only until
January 1, 2020, and as of that date is repealed, unless a
later enacted statute, that is enacted before January 1,
2020, deletes or extends that date.
BACKGROUND
The Vietnam War was fought in Vietnam from 1961 to 1975, and
involved North Vietnam and the Viet Cong in conflict with the
United States and South Vietnam. The United States became
involved in Vietnam because policymakers in the United States
believed that if South Vietnam fell to a communist government,
communism would spread throughout the rest of Southeast Asia.
More than 350,000 California veterans served in the Vietnam War,
40,000 of whom were wounded and 5,822 of whom were missing in
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action or killed, representing more than 10 percent of the
nation's total casualties in that war. In fact, more California
residents gave their lives in the Vietnam War than residents of
any other state, and more Californians were awarded the Medal of
Honor, the Bronze Star, or the Purple Heart than veterans of any
other state.
In 1982, the Vietnam Veterans Memorial was dedicated in the
District of Columbia to commemorate those members of the United
States Armed Forces who died or were declared missing in action
in Vietnam. The Memorial is located in the eastern portion of
the State Capitol grounds. It is sited near the Rose Garden in a
quiet, lush setting. Wide, paved paths lead to the Memorial from
the street as well as from the rest of the Capitol grounds.
There is a large grassy area around the Memorial, with benches
scattered around the area.
The Memorial is circular in design, with full relief bronze
sculptures depicting scenes from daily life during the war. The
sculptures represent many sides of the war, with grunts, nurses,
and POWs. The American flag waves over the Memorial. The 5,822
names of California's dead and missing are engraved on
twenty-two black granite panels, arranged by their hometowns. In
a ring arranged around the granite panels, there are stone
benches facing the names. The $2.5 million Memorial was built
entirely through donations.
COMMENT
Author comments :
"There are several reasons why veterans were not included on
the original memorial at the time it was constructed. Some
were inadvertently left off the original list. But many others
died after returning from service, as a direct result of
injuries or illness resulting from their service in the
Vietnam War, including conditions from Agent Orange exposure
which may take a long time to manifest.
"The intent of the memorial is to honor and remember
California's Vietnam veterans who died as a result of their
injuries from the war or went missing during the war. The
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bill would further that purpose by making the memorial as
complete as possible so that all California Vietnam veterans
are honored and no one is ever forgotten."
Committee staff comments :
This bill authorizes the Memorial to include "the names of
veterans who later died as a result of illness or injuries,
including physical or mental injuries documented by the
Department of Defense, the Veterans Administration, or licensed
medical professionals, that can reasonably be assumed to have
resulted from military service in the Vietnam war."
While this inclusion is laudable, it may be difficult to
implement accurately. Do licensed medical professionals - not
affiliated with the DOD or the federal VA - have the specific
expertise or sufficient access to a veteran's military medical
history to conclude that a given condition was sufficiently
connected to service in Vietnam caused the veteran's death
years, perhaps decades, after such military service? This would
be true especially for "mental injuries."
Related legislation :
AB 1289 (Cooley, pending Senate Third Reading, 2013)
Establishes the California Vietnam Veterans Memorial as the
official state Vietnam Veterans War Memorial and makes
legislative findings.
AB 264 (Cook/Lieu, vetoed, 2009)
Would have required the Governor to annually proclaim March 30
of each year as "Welcome Home Vietnam Veterans Day."
Encouraged schools to conduct exercises on March 30 of each
year recognizing the contributions of those involved in the
Vietnam conflict. Governor's veto message said: "Our state is
facing significant challenges, including the need for
comprehensive changes in our policies on water, energy, and
corrections and the need to take meaningful steps to stimulate
the economy and rein in the rising levels of unemployment.
This bill does nothing to address any of these issues. I look
forward to considering this measure when these other major
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issues are addressed."
AB 650 (Floyd, Ch. 1042, Stats. 1983)
Authorizes and establishes a process for designing and
constructing a Vietnam Veterans Memorial.
POSITIONS
Sponsors:
Vietnam Veterans of America-California State Council
California State Commanders Veterans Council
Support: Same as sponsors.
Oppose: None on file.
Analysis by: Wade Cooper Teasdale
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