BILL ANALYSIS                                                                                                                                                                                                    Ó



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       Date of Hearing:   June 10, 2014

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                                 Jose Medina, Chair
                   SCR 103 (De León) - As Amended:  March 27, 2014

        SENATE VOTE  :   33-0
        
       SUBJECT  :   California and El Salvador: partnership 

        SUMMARY  :   Memorializes the Legislature's invitation to the government  
       of El Salvador to partner with California to promote democratic  
       institutions, the rule of law, and economic opportunity, and to foster  
       international understanding through increased trade and investment.    
       Specifically,  this bill  :  

       1)Makes declarations, which among other things, state:

          a)   The 12-year Salvadoran Civil War took the lives of over 75,000  
            Salvadorans and resulted in a massive influx of refugees to the  
            U.S.; 

          b)   Of the 1.6 million Salvadorans residing in the U.S., more than  
            500,000 live in California, making Salvadorans the second largest  
            Latino population in the state;

          c)   March 24, 2014 is the 34th anniversary of the martyrdom of  
            Monsignor Óscar Romero, who is  a cultural icon to the people of  
            El Salvador and whose life and teachings millions of people  
            around the world pay tribute; 

          d)   El Salvador held a presidential election on March 9, 2014,  
            which was considered by expert observers to be administered under  
            a free and democratic process and was praised for its  
            transparency and professionalism;

          e)   California joins with the United Nations, the Organization of  
            American States and many civil and religious groups in calling  
            upon the two major parties to respect the will of the people and  
            the final outcome announced by the Supreme Electoral Tribunal;  
            and

          f)   California will work closely with the newly democratically  
            elected government of El Salvador, and President-Elect Salvador  
            Sánchez Cerén, to promote private investment in both El Salvador  








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            and California.

       2)Resolves that the Legislature, on behalf of the people of  
         California, hereby extends an invitation to the government of El  
         Salvador to partner with California to promote democratic  
         institutions, the rule of law, economic opportunity and growth, and  
         to foster international understanding through increased trade and  
         investment, as well as mutually beneficial educational, economic,  
         and cultural exchanges between California and El Salvador's  
         institutions.   

        EXISTING LAW  establishes the Office of Business and Economic  
       Development (GO-Biz) within the Governor's Office and designates it as  
       the state's lead entity on international trade and foreign investment  
       activities, excluding agricultural trade.

        FISCAL EFFECT  :   None

        COMMENTS  :    

        1)Author's Purpose  :  According to the author, "El Salvador and  
         California have a shared history grounded on common interests and  
         goals. In the 1980's, El Salvador was embroiled in more than a  
         decades long civil war that took the lives of over 75,000  
         Salvadorans and resulted in a massive influx of refugees to  
         California.

         Today, two million Salvadorans live in the United States, and more  
         than 500,000 call California home. Los Angeles-a sister city to San  
         Salvador, the capital of El Salvador-is home to the largest  
         concentration of Salvadorans in the United States, living in the  
         neighborhoods of Pico-Union and Westlake. Thus, our state is  
         intimately linked to El Salvador. 

         The historic cultural relations between our people represent an  
         important opportunity to promote economic, commercial, and cultural  
         relations. For example, just last year the United States prospered  
         from a $692.6 million trade surplus with El Salvador. Each stand to  
         benefit from increased trade, investment, tourism, cultural, and  
         educational exchanges.

         SCR 103 will encourage fellowship and collaboration for mutual  
         prosperity. This resolution is a symbol of California's commitment  
         to work closely with the newly elected government of El Salvador,  
         and President-elect Salvador Sánchez Cerén, and promote democratic  








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         institutions, the rule of law and economic opportunity for both El  
         Salvador and California."

        2)Framing the Policy Issue  :  This resolution extends an invitation to  
         the government of El Salvador to partner with California to promote  
         democratic institutions, the rule of law, and economic opportunity,  
         and to foster international understanding through increased trade  
         and investment.

         According to the Author's Office, the purpose of the resolution is  
         to promote the peaceful transition of governments following the  
         March 2014 election.  The analysis includes background on U.S. trade  
         agreements, the Country of El Salvador, and California's  
         globally-linked economy.  Amendments will be taken in committee to  
         update SCR 103 to reflect the recent inauguration of the Salvadoran  
         president.

        3)U.S. Trade Agreements  :  Within a globally connected economy, trade  
         agreements create the framework by which a significant number of  
         businesses and workers must compete, collaborate, and create  
         economic value.  The U.S. is currently negotiating two major trade  
         promotion agreements, the Trans-Pacific Partnership and the  
         Transatlantic Trade and Investment Partnership.  In their current  
         iterations, these trade agreements will cover 21% of the world's  
         population, with the U.S. at the nexus.  These agreements are  
         especially important to local and regional governments which have  
         been proactive in using trade promotion activities as a springboard  
         for their own economic agenda.

         The U.S. has trade agreements in force with 20 countries, including  
         Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican  
         Republic, El Salvador, Guatemala, Honduras, Israel, Jordan, Korea,  
         Mexico, Morocco, Nicaragua, Oman, Panama, Peru, and Singapore.  

         El Salvador is covered under the Dominican Republic-Central  
         America-United States Free Trade Agreement (CAFTA-DR) which also  
         includes Guatemala, Honduras, Nicaragua, the Dominican Republic, and  
         Costa Rica.  As a result of this agreement, 100% of U.S. exports of  
         consumer and industrial goods to the CAFTA-DR countries will be  
         tariff-free by 2015.  Tariffs on nearly all U.S. agricultural  
         products will be phased out by 2020.  The CAFTA-DR region was the  
         14th largest U.S. export market in the world in 2013, and the third  
         largest in Latin America behind Mexico and Brazil.

        4)Background on El Salvador  :  El Salvador is the smallest and most  








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         densely populated country in Central America.  Located on the  
         Pacific Ocean side of Central America, between Guatemala and  
         Honduras, this 21,000 square km country is slightly smaller than the  
         State of Massachusetts.  El Salvador is also known as the Land of  
         Volcanoes, due to frequent and sometimes destructive earthquakes and  
         volcanic activity.

         The population of El Salvador is 6.4 million with nearly half  
         (48.9%) of the population under the age of 24.  The Country is led  
         by President Salvador Sanchez Cerén and a Council of Ministers  
         selected by the president. They have a unicameral 84-seat  
         Legislative Assembly, which is elected to serve three-year terms.

         President Sanchez Cerén, who took office on June 1, 2014, was a  
         rural school teach and leader in the teacher's union in his youth,  
         fought with the rebels during El Salvador's 12-year civil war (1980  
         to 1992) and served as a negotiator in the 1992 peace accords.   
         Immediately prior to his election, he served as Vice President of El  
         Salvador.

         In 2013, El Salvador's GDP was $47.4 billion, making it the 99th  
         largest economy in the world.  Since the economic contraction due to  
         the global recession, growth is averaged less than 2% from 2010 to  
         2013.  Remittances accounted for 16% of GDP in 2013 and were  
         received by about a third of all households.  

         In 2006, El Salvador was the first country to ratify the CAFTA-DR  
         which increased the export of processed foods, sugar, and ethanol,  
         and supported investment in the apparel sector.  El Salvador's  
         external debt has been growing over the last several years,  
         amounting to some 57% of GDP in 2013.  In September 2013, El  
         Salvador was awarded a $277 million grant by the U.S to improve El  
         Salvador's competitiveness and productivity in international  
         markets. 

         Key natural resources include hydropower, geothermal power,  
         petroleum, and arable land.  There are 2.7 million people in the  
         workforce with 21% working in agriculture, 20% in industry, and 58%  
         in services.  Top performing industries include: food processing,  
         beverages, petroleum, chemicals, fertilizer, textiles, furniture,  
         and light metals.  The U.S. dollar is used as a medium of exchange,  
         which encourages U.S. import and export of goods and services.

         Businesses in El Salvador exported $5.6 billion in products in 2013,  
         making it the 115th largest exporter in the world with 47.3% of  








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         products going to the U.S., 13.8% to Guatemala, 9.6% to Honduras,  
         and 5.4% to Nicaragua in 2012.  Top export commodities include  
         offshore assembly exports, coffee, sugar, textiles and apparel,  
         gold, ethanol, chemicals, electricity, iron and steel manufactures.   
         El Salvador was the 64th largest supplier of goods to the U.S. in  
         2013.

         Over $10 billion in products were imported to El Salvador in 2012  
         from the U.S. (35.4%), Guatemala (12.7%), Mexico (7%), China (5.6%),  
         and Germany (4.2%).  Top imported products included raw materials,  
         consumer goods, capital goods, fuels, foodstuffs, petroleum, and  
         electricity.

        5)Civil War in El Salvador  :  Tensions in El Salvador among the  
         indigenous, the poor, and the working class had been simmering for  
         decades due to their poor economic and social circumstances,  
         especially as compared to the growing prosperity of a select few.   
         In the 1970s the struggles continued with escalating acts of  
         violence between the military and the rebels often including  
         civilian causalities.  The public assassination of an out-spoken  
         priest and human rights activist provided the final spark that led  
         to a 12-year civil war which displaced half a million people and  
         resulted in the death of 75,000, according to documentation from the  
         United Nations.

         On March 24, 1980, Archbishop Óscar A. Romero, a former Nobel Peace  
         Prize nominee for his advocacy for the poor, was assassinated while  
         serving mass.  Only days after the murder, a peaceful rally in front  
         of the National Cathedral commemorating the Monsignor's death was  
         broken up by a bomb blast and bursts of gunfire leaving 27 to 40  
         dead and 200 wounded, according to the Report of the U.N. Truth  
         Commission.  Later that same year, four U.S. church women working  
         with refugees in El Salvador were abducted, raped and murdered.   
         While several investigations were initiated, none were effective in  
         identifying who were responsible and several, according to reports  
         by the U.S. Public Broadcasting Service,  appear to have covered-up  
         the fact that the order to kill the churchwomen came from higher  
         levels in the Salvadoran military.

         Throughout the duration of the civil war, news correspondents  
         continued to report on the extreme conditions in El Salvador  
         including the 1981 massacre at El Mozote, which left 1,000 civilians  
         dead and the 1989 murder of six Jesuit priests, their housekeeper  
         and her daughter, to name just a few.   As the violence grew and the  
         attacks on both sides escalated, refugees swarmed into U.S. and  








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         Canada, as well as neighboring countries including Mexico,  
         Guatemala, Honduras, Nicaragua, and Costa Rica.

         Further complicating the war was the involvement of foreign  
         countries and the perceived regional significance of the civil war  
         as a challenge to democracy in the Western hemisphere.  U.S.  
         involvement shifted between being concerned over violent acts and  
         human right abuses of civilians to apprehension that the fall of El  
         Salvador to leftists would have a domino effect on other areas of  
         Central and South America.  One BBC report described the U.S.  
         involvement in El Salvador as being the largest counter-insurgency  
         war against left-wing guerrillas since Vietnam.  During the height  
         of the civil war, some sources reported that U.S. aid averaged $1.5  
         million dollars a day.  U.S. support only ceased in 1990 after the  
         United Nations became involved to help forge an armistice, and U.S.  
         Congressman Joe Moakley published a Congressionally-mandated report  
         that confirmed the prior reports of human rights violations in El  
         Salvador.   

         The civil war officially ended in 1992 when the government and  
         leftist rebels signed a treaty, the Chapultepec Peace Accords, which  
         provided for military and political reforms.  More specifically, a  
         report by the U.S. Institute of Peace describes the Chapultepec  
         Peace Accords as providing, in addition to a cease-fire; the  
         demobilization of military and guerrilla forces; and the  
         establishment of the rebel Farabundo Martí National Liberation Front  
         (FMLN) as a political party and the reintegration of its combatants  
         into society.  Further, the Chapultepec Peace Accord committed the  
         government to making changes in the nature, responsibilities, and  
         size of the country's armed forces; creating a new national civilian  
         police force and an intelligence service separate from the military;  
         implementing human rights measures; adopting electoral and judicial  
         reforms; and providing limited social and economic programs  
         primarily benefiting members of the demobilized forces and  
         war-ravaged communities.

         SCR 103 commemorates the important role Archbishop Romero continues  
         to play for the El Salvadoran people, as well as acknowledging the  
         significance of the recent democratic election of President Sánchez  
         Cerén, which is a symbol of the country's own transition from civil  
         war to a modern democracy and economic partner.  

        6)California's Trade Economy  :  International trade and foreign  
         investment serve as critical components of California's $2.0  
         trillion economy.  If California were a country, it would be the  








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         17th largest exporter and the 14th largest importer in the world.   
         Merchandise exports from California ($168 billion) accounted for  
         over 10.6% of total U.S. exports in goods, shipping to over 220  
         foreign destinations in 2013.  California's land, sea, and air ports  
         of entry served as key international commercial gateways for the  
         $538 billion in products entering and exiting the U.S. in 2012.   
         Statewide, 4.4 million California jobs are dependent on foreign  
         trade.  Over 562,700 California workers benefit from jobs with  
         foreign-owned firms, which accounts for 5.1% of all private sector  
         jobs in the state.  

         California's significance in the global marketplace results from a  
         variety of factors, including: its strategic southwest and coastal  
         location offering direct access to growing foreign markets in  
         Mexico, Latin America, and Asia; its nine diverse regional  
         economies; its large, ethnically diverse population, representing  
         both a ready workforce and significant consumer base; its access to  
         a wide variety of venture and other private capital; its broad base  
         of small- and medium-sized businesses; and its culture of innovation  
         and entrepreneurship, particularly in the area of high technology. 

         Mexico is California's top trading partner, receiving $23.9 billion  
         (14%) in goods in 2013.  The chart below shows export data on the  
         state's top five trade partners. Other top-ranking export  
         destinations not shown on the chart include Hong Kong, Taiwan,  
         Germany, the Netherlands, and the United Kingdom. 


          -------------------------------------------------------------------- 
         |     California Export based on Movement of Goods 2012 and 2013     |
          -------------------------------------------------------------------- 
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |     Rank     |   Country    |  2012 Value  |  2013 Value  | 2012 % Share | 2013 % Share |  % Change,   |
         |              |              |              |              |              |              | 2012 - 2013  |
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |     ---      |Total         |       161,880|       168,128|          10.5|          10.6|           3.9|
         |              |CALIFORNIA    |              |              |              |              |              |
         |              |Exports and % |              |              |              |              |              |
         |              |Share of U.S. |              |              |              |              |              |
         |              |Total         |              |              |              |              |              |
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |     ---      |Total, Top 25 |       143,671|       149,020|          88.8|          88.6|           3.7|
         |              |Countries and |              |              |              |              |              |
         |              |% Share of    |              |              |              |              |              |
         |              |State Total   |              |              |              |              |              |








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         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |      1       |Mexico        |        26,370|        23,933|          16.3|          14.2|          -9.2|
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |      2       |Canada        |        17,424|        18,819|          10.8|          11.2|           8.0|
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |      3       |China         |        13,970|        16,359|           8.6|           9.7|          17.1|
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |      4       |Japan         |        13,033|        12,711|           8.1|           7.6|          -2.5|
         |--------------+--------------+--------------+--------------+--------------+--------------+--------------|
         |      5       |South Korea   |         8,246|         8,394|           5.1|           5.0|           1.8|
          -------------------------------------------------------------------------------------------------------- 
          -------------------------------------------------------------------- 
         |Source: tradeport.org                                               |
         |                                                                    |
          -------------------------------------------------------------------- 

         California's largest industry sector by employment is Trade,  
         Transportation, and Utilities, which encompasses everything from  
         major retail outlets, to import-export businesses, to transportation  
         and warehousing.  California leads the nation in export-related  
         jobs.  The U.S. Department of Commerce estimates that for every one  
         million dollars of increased trade activity, 11 new jobs are  
         supported.  Workers in trade-related jobs earn on average 13% to 28%  
         higher wages than the national average.  

         In today's globally linked economy, manufacturing utilizes products  
         from across the U.S., as well as from other nations.  In 2012, 61%  
         ($1.3 trillion) of the products imported into the U.S. were inputs  
         and components intended for use by American producers.  In addition,  
         U.S. imports often include components or benefits from services  
         provided by U.S. firms, including many California companies.  The  
         Wilson Center estimates that Mexican imports and Canadian imports  
         contain 40% and 20% U.S. components, respectively.

         Trade and foreign investment support new job creation, bring new  
         technologies and skills to California workers, generate local and  
         state revenues, and generally strengthen the state's economic base.   
         In the future, California's economy will become increasingly reliant  
         on accessing foreign markets where a majority of global economic  
         growth is expected to occur.  

        7)Related Legislation  :  Below is a list of legislation from the  
         current and prior legislative sessions.

          a)   AB 2012 (John A. Pérez) Economic Development Reorganization:   








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            This bill transfers the authority for undertaking international  
            trade and foreign investment activities from the Business,  
            Transportation and Housing Agency to the Governor's Office of  
            Business and Economic Development.  In addition, the bill  
            transfers the responsibility for establishing an Internet-based  
            permit assistance center from the Secretary of the California  
            Environmental Protection Agency to Governor's Office of Business  
            and Economic Development.  Status:  Signed by the Governor,  
            Chapter 294, Statutes of 2012. 

          b)   AB 2443 (V. Manuel Pérez) International Trade Program and  
            Sister State Relationships:
            This bill would have required the State Point of Contact to  
            provide the Legislature with copies of any official position  
            taken or comments to the U.S. Trade Representative relating to a  
            pending trade agreement and would have authorized the  
            establishment of sister state relationships for the purpose of  
            promoting economic growth and trade and investment opportunities.  
             Status:  Vetoed by the Governor, September 2010.

          c)   AB 2713 (Quick-Silva) Public Private Partnerships to Promote  
            Trade:  This bill authorizes the Governor's Office of Business  
            and Economic Development to establish public-private partnerships  
            to help guide state activities related to the export of  
            California products and the attraction of employment-producing  
            foreign investment.  The bill requires the establishment of a  
            subaccount to hold private donation for county and  
            industry-specific marketing activities.  The bill also requires  
            the establishment of a partnership to support California trade  
            and investment within South Korea.  Status:  Pending in the  
            Senate.

          d)   ACR 100 (Alejo) El Salvador and California Partnership:  This  
            resolution memorializes the Legislature's recognition of the  
            special relationship between California and the country of El  
                                                          Salvador.  In furthering this special relationship, the  
            Legislature, extends an invitation to the people of El Salvador  
            to partner with California to commit to the development of  
            programs to foster social, economic, educational, scientific, and  
            cultural programs in order to strengthen the democratization  
            process and economic development of El Salvador and to promote  
            economic ties and improve international understanding and  
            goodwill.  Status:  Scheduled to be heard in JEDE on June 10,  
            2014.









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          e)   SCR 82 (Hueso) Sister State with Jalisco:  This bill  
            establishes a sister state relationship between California and  
            the State of Jalisco, Mexico, for the purpose of promoting  
            economic growth and well-being of small, medium, and large  
            corporations and by increasing their potential trade and  
            investment within the State of Jalisco.  Status:  Scheduled to be  
            heard in JEDE on June 10, 2014.

        REGISTERED SUPPORT / OPPOSITION  :   

        Support 
        
       The Central American Resource Center 
       Clinica Monsenor Oscar A. Romero 
       El Rescate 
       The National Network  of Salvadorans Living Abroad-Los Angeles 
       The Salvadoran-American Leadership an Education Fund 
       The Salvadoran American National Association 
       The SHARE El Salvador Foundation 
       United Salvadoran Communities-USA

        Opposition 
        
       None received


        Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916) 319-2090