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