BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Ben Hueso, Chair BILL NO: AB 287 HEARING DATE: 6/25/13 AUTHOR: Frazier VERSION: 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 Specifies that this law shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.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 AB 287 (Frazier) 2 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 AB 287 (Frazier) 3 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 AB 287 (Frazier) 4 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 AB 287 (Frazier) 5