BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 443|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 443
Author: Strickland (R), et al.
Amended: 5/31/11
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 8-0, 04/12/11
AYES: Correa, Cannella, Berryhill, Calderon, Negrete
McLeod, Rubio, Runner, Lieu
SENATE TRANSPORTATION & HOUSING COMM : 8-1, 05/03/11
AYES: DeSaulnier, Gaines, Harman, Huff, Lowenthal, Pavley,
Rubio, Simitian
NOES: Kehoe
SENATE APPROPRIATIONS COMMITTEE : 8-0, 05/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Veterans memorial
SOURCE : Author
DIGEST : This bill allows the Department of
Transportation to sell excess real property in the
state-owned area associated with the park-and-ride lot at
the Clark Avenue West exit from State Highway Route 135 in
the Town of Orcutt to the County of Santa Barbara for
purposes of erecting a veterans' memorial at that location.
CONTINUED
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ANALYSIS : Existing law provides that the Department of
Transportation has full possession and control of all state
highways and authorizes the department to enter into an
agreement to accept funds, materials, equipment, or
services from any person for maintenance or roadside
enhancement.
Background
The Old Town Orcutt Revitalization Association submitted an
application for an encroachment permit to locate a
veterans' memorial in the park and ride lot in Caltrans
right-of-way at the Clark Avenue West exit from State
Highway 135 in the Town of Orcutt. Caltrans denied issuing
the permit in March of 2011, stating that "We believe that
our decision is in compliance with the case Brown v.
California Department of Transportation that all requests
for encroachment on State right of way be treated equally."
Caltrans instead offered other programs available to
commemorate military personnel, including memorial plaques
and Blue Star memorial markers.
In Brown v. California Department of Transportation (260
F.Supp.2d 959) the U.S. District Court ruled that Caltrans
violated First Amendment rights of expression by
prohibiting unpermitted anti-war displays of expression on
highway overpasses, while allowing the display of United
States flags. The decision requires Caltrans to enforce
its permitting and maintenance rules and regulations on a
content neutral and viewpoint neutral basis. Rather than
allow all forms of expressive activity on highway
overpasses, Caltrans policy is to allow no displays of
expression in Caltrans right-of-way.
Caltrans was also sued after revoking the San Diego
Minutemen Adopt-A Highway Program permit, with the
plaintiffs alleging that Caltrans' revocation of the permit
violated their constitutional rights to free speech, free
expression, equal protection, and due process. The court
ruled against Caltrans in San Diego Minutemen v. California
Business, Transportation and Housing Agency's Department of
Transportation (2009 WL 3630842 (S.D.Cal.), and the
subsequent settlement required Caltrans to pay the San
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Diego Minutemen $157,500 and reinstate the Adopt-A-Highway
Program permit. Caltrans also incurred legal fees and
staff costs of over $100,000 related to this case.
Comments
According to the author's office, "The state has authorized
numerous memorials honoring fallen police officers,
firefighters, and veterans. Most of these memorials are
within the State Capitol Park; however, the Legislature has
authorized memorials at Bodega Bay and Oakland."
The author's office also states that the proposed memorial
is a fitting tribute to the men and women who have served
our country, a way to remember those who have put their
lives on the line for the freedoms we enjoy today, a way to
encourage our children to learn about our veterans and the
sacrifices they have made, and a way for the community to
come together and celebrate and honor these brave men and
women.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Caltrans agreements $15 Special*
for land transfer
* State Highway Account
RM:nl 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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