BILL ANALYSIS �
SB 722
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Sharon Quirk-Silva, Chair
SB 722 (Correa) - As Amended: April 22, 2014
SENATE VOTE: 33-0
SUBJECT : California Mexican American Veterans' Memorial
Beautification and Enhancement Fund: extension of operation.
SUMMARY : Extends the sunset date for the California Mexican
American Veterans' Memorial Beautification and Enhancement
Account, as specified. Specifically, this bill :
1)Changes the sunset date for reversion to the General Fund of
any moneys remaining in the California Mexican American
Veterans' Memorial Beautification and Enhancement Account from
July 1, 2014 to July 1, 2016
2)Contains an urgency clause.
3)Specifies that in order to prevent the expiration of funding
needed for the beautification and enhancement of the
California Mexican American Veterans' Memorial, it is
necessary for this act to take effect immediately.
EXISTING LAW :
1)Establishes the California Mexican American Veterans' Memorial
Beautification and Enhancement Committee (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
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memorial is complete.
4)Provides that any monies remaining in the California Mexican
American Veterans' Memorial Beautification and Enhancement
Account will revert to the General Fund on July 1, 2014.
FISCAL EFFECT : Unknown at this time. However, according to
the Senate Appropriations Committee, "Potentially minor foregone
revenue to the General Fund."
COMMENTS :
Shortly after the World War II armistice, a group of
Mexican-American women, also known as the "Madres," banded
together to create 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.
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 (West) entrance to the State
Capitol.
Beginning with AB 1350 (Polanco) in1993, several legislative
measures addressed the modest statue memorial. AB 1350
authorized expansion and enhancement of El Soldado. The measure
also established the 11-member California Mexican American
Veterans' Memorial Beautification and Enhancement Commission as
a non-governmental committee of citizens authorized to establish
a schedule for its design, construction, and dedication; to
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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 California Mexican American Veterans' Memorial
Beautification and Enhancement 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 effort to enhance the El Soldado memorial.
Authored by Senator Gloria Negrete McLeod (D-Chino), AB 599 was
sponsored by the American G.I. Forum and the Mexican-American
Veterans Memorial, Inc. The bill received no formal opposition
and passed through both houses of the Legislature on consent.
SB 599 repealed the 11-member California Mexican American
Veterans' Memorial Beautification and Enhancement Commission and
created a new seven-member committee under the jurisdiction of
the Department of Veterans Affairs.
The new Committee is made up of five gubernatorial appointees
and one appointee each of the Senate President Pro Tempore and
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.
In recent years the Memorial 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.
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Via SB 599, the Military and Veteran Code Section 1340
authorizes creation of the California Mexican American Veterans'
Memorial Beautification and Enhancement Account within the
General Fund. It specifies that all funds received by the
Department of Veterans Affairs 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 California Mexican American Veterans'
Memorial Beautification and Enhancement Account shall revert to
the General Fund.
In February 2013 the Senate Veterans Affairs Committee held an
informational hearing on the status of the Memorial project. The
Memorial Committee and CALVET say they now are pursuing a plan
that would fund and construct the enhancements in three stages
at the following levels, respectively: $300,000, $500,000, and
$800,000. According to their input, each stage would look like a
completed memorial, but each new stage would add significant
enhancements to the prior stage's design or landscaping.
During the informational hearing, the likely need to extend the
funds reversion deadline was discussed. At that hearing,
Senators Correa, Knight and senators in attendance agreed to
author the extension.
Related Legislation
SB 599 (Negrete McLeod, Ch. 588, Stats. 2007) Repealed the
original 11-member California Mexican American Veterans'
Memorial Beautification and Enhancement Commission and created a
new seven-member committee under the jurisdiction of the
Department of Veterans Affairs. Also repealed the defunct
associated tax check-off.
SB 1064 (Perata, Ch. 989, Stat 1999) Amended the minimum
contribution section to specify that the California Mexican
American Veterans Memorial Beautification and Enhancement
Account would not be subject to the $250,000 minimum
contribution until 2001.
AB 2366 (Cedillo, Ch. 818, Stats.1998) Provided that the
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California Mexican American Veterans Memorial Beautification and
Enhancement Account could be placed on the state income tax
return for voluntary contributions when the department upon
notification from the Veterans Memorial Commission that
construction of the Veterans Memorial had commenced.
AB 1350 (Polanco, Ch. 1221, Stats. 1993) Established the Mexican
American Veterans Memorial Beautification and Enhancement
Account. This fund could not be placed on the state income tax
return for voluntary contribution until the Veteran's Memorial
Fund came off the return, and the department was notified by the
Veterans Memorial Commission prior to September 1 of any taxable
year that the Veteran's Memorial had been completed.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Treasurer's Office
American Legion Department of California
AMVETS Department of California
California Association of County Veteran Service Officers
Military Officers Association of America California Council of
Chapters
California State Commanders Veterans Council
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Veterans Caucus of the California Democratic Party
Opposition
None.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550