BILL ANALYSIS �
SB 722
Page 1
ASSEMBLY THIRD READING
SB 722 (Correa)
As Amended April 22, 2014
2/3 vote. Urgency
VETERANS AFFAIRS 8-0 APPROPRIATIONS 17-0
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|Ayes:|Quirk-Silva, Dababneh, |Ayes:|Gatto, Bigelow, |
| |Brown, Eggman, Fox, | |Bocanegra, Bradford, Ian |
| |Melendez, Muratsuchi, | |Calderon, Campos, |
| |Salas | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 (GF)
of any monies 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.
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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 California Mexican
American Veterans' Memorial Beautification and Enhancement
Account will revert to the GF on July 1, 2014.
FISCAL EFFECT : By extending the reversion sunset there is a
foregone revenue loss of about $300,000 - the balance of the
account that would revert to the GF absent a sunset extension.
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), Chapter 1221, Statutes of
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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 California
Mexican American Veterans' Memorial Beautification and
Enhancement Commission (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 California Mexican American Veterans' Memorial
Beautification and Enhancement Account, also created by the
legislation.
This 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.
SB 599 (Negrete McLeod), Chapter 588, 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 passed through both houses of the Legislature on consent.
SB 599 repealed the 11-member Commission and created the
Committee under the jurisdiction of CALVET.
The Committee is made up of five gubernatorial appointees and
one appointee each by 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 offset the costs of
the enhancements and beautification project. None of the
members receive compensation.
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
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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 Veterans Code (MVC) Section 1340
authorizes the creation of the California Mexican American
Veterans' Memorial Beautification and Enhancement Account within
the GF. 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
MVC Section 1341.
MVC Section 1341 provides for continuous appropriation of all
funds for the project, but also states that, on July 1, 2014,
any monies remaining in the California Mexican American
Veterans' Memorial Beautification and Enhancement Account shall
revert to the GF.
In February 2013, the Senate Veterans Affairs Committee held an
informational hearing on the status of the memorial project.
The 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,
Senator Correa, Senator Knight, and other senators in attendance
agreed to author the extension.
Related legislation: SB 599 (Negrete McLeod), Chapter 588,
Statutes of 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 CALVET. Also repealed the defunct
associated tax check-off.
SB 1064 (Perata), Chapter 989, Statutes of 1999, amended the
minimum contribution section to specify that the California
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Mexican American Veterans' Memorial Beautification and
Enhancement Account would not be subject to the $250,000 minimum
contribution until 2001.
AB 2366 (Cedillo), Chapter 818, Statutes of 1998, provided that
the California Mexican American Veterans' Memorial
Beautification and Enhancement Account could be placed on the
state income tax return for voluntary contributions when the
department is notified by the Veterans Memorial Commission that
construction of the Veterans Memorial had commenced.
AB 1350 (Polanco), Chapter 1221, Statutes of 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.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
FN: 0003379