BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 722| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 722 Author: Correa (D), et al. Amended: 4/22/14 Vote: 27 - Urgency SENATE VETERANS AFFAIRS COMMITTEE : 6-0, 1/14/14 AYES: Hueso, Knight, Block, Correa, Lieu, Roth NO VOTE RECORDED: Nielsen, Vacancy SENATE APPROPRIATIONS COMMITTEE : 5-0, 1/21/14 AYES: De León, Gaines, Hill, Padilla, Steinberg NO VOTE RECORDED: Walters, Lara SENATE FLOOR : 33-0, 1/23/14 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Evans, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Mitchell, Monning, Padilla, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Yee NO VOTE RECORDED: Calderon, Fuller, Nielsen, Pavley, Wright, Wyland, Vacancy ASSEMBLY FLOOR : 76-0, 5/19/14 - See last page for vote SUBJECT : California Mexican American Veterans Memorial Beautification and Enhancement Fund: extension of operation SOURCE : Author CONTINUED SB 722 Page 2 DIGEST : This bill extends the date for the reversion of funds in the California Mexican American Veterans Memorial Beautification and Enhancement (CMAVMBE) Account to the General Fund until July 1, 2016. Assembly Amendments make a minor change and add coauthors. ANALYSIS : Existing law: 1.Establishes the CMAVMBE Committee under the jurisdiction of the Department of Veterans Affairs (CALVET), to oversee enhancement of an existing memorial on state grounds, and provides for its composition (seven members) and duties. 2.Authorizes the Committee to, among other things, establish a schedule for the design, construction, and dedication of the memorial, solicit designs and devise a process for selection of the final design, monitor construction, and consult with and obtain final design and site orientation approval from the Department of General Services and the CALVET Secretary. 3.Requires the Committee to notify the Governor and the CALVET Secretary when the beautification and enhancement of the memorial is complete. 4.Provides that any monies remaining in the CMAVMBE Account will revert to the General Fund on July 1, 2014. This bill extends the date for the reversion of funds in this account until July 1, 2016. Background Shortly after the World War II armistice, a group of Mexican-American women (Madres) created a memorial that would honor their husbands and sons who had died in the military service of the United States during the War. Beginning in 1948, the Madres launched a fundraising drive to finance the memorial. Their efforts included vending homemade tamales and conducting raffle sales at their local church parishes and other venues. Dedicated in May 1951, the memorial consisted of a statue of a solitary infantryman. Known as "El Soldado," the statue stood on the grounds of the Mexican American Center in Sacramento. CONTINUED SB 722 Page 3 Weathered and worn over time, El Soldado remained at this site for decades until the location was rezoned by local government. The statue was donated to the State of California with the expectation that it would become an official and permanent state memorial. In 1975 El Soldado was moved to its present location across the street from the Main entrance to the State Capitol. Beginning with AB 1350 (Polanco) in 1993, several legislative measures addressed the modest statue memorial. AB 1350 authorized expansion and enhancement of El Soldado. The measure also established the 11-member CMAVMBE Commission as a non-governmental committee of citizens authorized to establish a schedule for its design, construction, and dedication; to solicit designs and devise a process for selection of the final design; and to monitor construction. In addition, AB 1350 provided that funds for the enhancement would come from individuals voluntarily designating an amount on their state personal income tax returns (in excess of their tax liability) to the CMAVMBE Account, also created by the legislation. This AB 1350 Commission had no significant activity for years, including public meetings, fundraising or memorial enhancements. By the mid-2000s, community leaders, including members of the existing Commission, were working to enact legislation that would jumpstart the languishing effort to enhance the El Soldado memorial. Authored by Senator Gloria Negrete McLeod, SB 599 (Chapter 558, Statutes of 2007) was sponsored by the American G.I. Forum and the Mexican-American Veterans Memorial, Inc. The bill received no formal opposition and sailed through both houses of the Legislature on consent. SB 599 repealed the 11-member CMAVMBE Commission and created a new seven-member committee under the jurisdiction of CALVET. The rationale was that California veterans and others favoring expansion and maintenance of the memorial would be better served by having it administered by an agency already dedicated to serving the interests and needs of veterans, instead of by a commission that had not functioned for so long. The new Committee is made up of five gubernatorial appointees and one appointee each of the Senate President Pro Tempore and CONTINUED SB 722 Page 4 the Assembly Speaker. The Committee is authorized to establish a schedule for the design, construction and dedication of the enhanced memorial; to solicit and select designs that may be used to beautify the existing memorial; and to solicit and receive contributions that will be used to off-set the costs of the enhancements and beautification project. None of the members receive compensation. SB 599 also repealed the long-defunct income tax check-off. In recent years the Committee had difficulty proceeding on the project because there were not enough members to achieve a voting quorum. At the start of calendar year 2013, Governor Brown filled out the Committee by appointment and it began making progress. The greatest challenge throughout the various life phases of the memorial project has been fundraising. Only private donations can be used to support this state memorial. Via SB 599, the Military and Veteran Code Section 1340 authorizes creation of the CMAVMBE Account within the General Fund. It specifies that all funds received by CALVET shall be deposited in the account for the design and construction of the California Mexican American Veterans' Memorial as specified in Section 1341. Section 1341 provides for continuous appropriation of all funds for the project, but also states that, on July 1, 2014, any moneys remaining in the CMAVMBE Account shall revert to the General Fund. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, potentially minor foregone revenue to the General Fund. SUPPORT : (Verified 5/20/14) State Treasurer Bill Lockyer ASSEMBLY FLOOR : 76-0, 5/19/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, CONTINUED SB 722 Page 5 Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Medina, Melendez, Mullin, Muratsuchi, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Mansoor, Nazarian, Nestande, Vacancy AL:nl 5/20/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED