Existing law creates various memorials to veterans of the United States Armed Forces, including, among others, the memorial to Californias Vietnam veterans on the grounds of the State Capitol.

This bill would create the Capitol Park Veterans Memorial Fund. The bill would continuously appropriate the fund to the Department of Veterans Affairs for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol. The bill would make the department responsible for administering the fund. The bill would require the Department of Veterans Affairs to, in consultation with the California Veterans Board, prioritize memorials that do not have formal support from another body for their maintenance, including, but not limited to, the Vietnam Veterans Memorial. The bill would require the Department of Veterans Affairs and the Department of General Services to collaborate pursuant to a memorandum of agreement to carry out these provisions.

Existing law creates various memorials to veterans of the United States Armed Forces, including, among others, the memorial to Californias Vietnam veterans on the grounds of the State Capitol.

This bill would create the Capitol Park Veterans Memorial Fund. The bill would continuously appropriate the fund to the Department of Veterans Affairs for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol. The bill would make the department responsible for administering the fund. The bill would require the Department of Veterans Affairs to, in consultation with the California Veterans Board, prioritize memorials that do not have formal support from another body for their maintenance, including, but not limited to, the Vietnam Veterans Memorial. The bill would require the Department of Veterans Affairs and the Department of General Services to collaborate pursuant to a memorandum of agreement to carry out these provisions.

Existing law creates various memorials to veterans of the United States Armed Forces, including, among others, the memorial to Californias Vietnam veterans on the grounds of the State Capitol.

This bill would create the Capitol Park Veterans Memorial Fund. The bill would continuously appropriate the fund to the Department of Veterans Affairs for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol. The bill would make the department responsible for administering the fund, including the prioritization of work, management of projects, and coordination with state and private bodies. fund. The bill would require the department to prioritize Department of Veterans Affairs to, in consultation with the California Veterans Board, prioritize memorials that do not have formal support from another body for their maintenance, including, but not limited to, the Vietnam Veterans Memorial. The bill would require the Department of Veterans Affairs and the Department of General Services to collaborate pursuant to a memorandum of agreement to carry out these provisions.

Existing law creates various memorials to veterans of the United States Armed Forces, including, among others, the memorial to Californias Vietnam veterans on the grounds of the State Capitol.

This bill would create the Capitol Park Veterans Memorial Fund. The bill would continuously appropriate the fund to the Department of Veterans Affairs for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol. The bill would make the department responsible for administering the fund, including the prioritization of work, management of projects, and coordination with state and private bodies. The bill would require the department to prioritize memorials that do not have formal support from another body for their maintenance, including, but not limited to, the Vietnam Veterans Memorial.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1350

Author:(Soria)

As Amended Ver:June 20, 2023

Majority vote

SUMMARY

This bill creates the Capitol Park Veterans Memorial Fund, to be continuously appropriated to and administered by the California Department of Veterans Affairs (CalVet), for the purpose of maintaining and rehabilitating existing memorials in the State Capitol to veterans of the United States Armed Forces.

Senate Amendments

Require CalVet and the Department of General Services (DGS) to work collaboratively pursuant to a memorandum of agreement to carry out the duties and functions created under this bill.

COMMENTS

There are a number of veterans memorials in Capitol Park, including the Vietnam War Memorial, the Mexican-American War Memorial, the Veterans Memorial, and the California American Portuguese Veterans Memorial. These memorials were originally established with the support of outside organizations, nonprofits and commissions, codified in law, with financial and management responsibility for the memorials.

However, over time, some of these organizations have dissolved, or otherwise vanished, and in some cases, there is no longer a statutory responsibility for the memorials' maintenance and rehabilitation.

This came to a crisis recently when the Vietnam War Memorial was first vandalized in riots in 2020 and then further damaged when attempts were made to repair the memorial by otherwise well-intentioned private citizens, who made mistakes in application of materials and substances to the memorial's surface.

State agencies had no funding or authority to repair the aging memorial, and the Vietnam Veterans Memorial Commission established to manage the memorial is functionally no more.

Funding was secured in the budget last year for some repairs, but there are ongoing needs, and still no recognized formal responsibility or explicit funding.

According to the Author

"It took nearly two years for the Vietnam Veterans Memorial in Capitol Park to be properly cleaned and prepared. It was only because of quick action by CalVet and the Legislature, in particular through the intervention of previous chairs, that funding for such basic clean-up and repair was secured in time for an annual recognition of veterans of the Vietnam War. That was only a temporary solution, and the memorial still needs more significant repair and rehabilitation."

Arguments in Support

The American Legion, Department of California, states:

It is our responsibility as citizens to remember the Nation's brave fallen men and women. We must never forget the men and women who know all too much the cost of our freedom, for their service to this country is the greatest gift of all.

The stories of their sacrifices live on in the pride of memories of their loved ones and through inscriptions on memorials and plaques dedicated to the legacy of their generation. Woven into the fabric of our country are those who died while wearing the cloth of our nation.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. Unknown, potentially significant General Fund cost pressures. This bill establishes the Capitol Park Veterans Memorial Fund for receipt of private donations to support Capitol Park veteran memorial maintenance and rehabilitation projects. To the extent that private donations to the Fund are not available or inadequate to cover the cost of maintenance projects, there may be a General Fund impact.
2. CalVet anticipates costs to administer the Fund to be minor and absorbable.
3. The Department of General Services (DGS) anticipates minor and absorbable costs associated with bidding out and managing projects

VOTES:

ASM MILITARY AND VETERANS AFFAIRS: 11-0-0

YES: Soria, Davies, Addis, Alvarez, Boerner Horvath, Juan Carrillo, Mathis, Muratsuchi, Petrie-Norris, Ta, Valencia

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk- Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Aguiar-Curry, Dixon, Mathis, Papan

UPDATED

VERSION: June 20, 2023

CONSULTANT: Christian Burkin / M. & V.A. / (916) 319-3550 FN: 0001638

 THIRD READING  

Bill No: AB 1350

Author: Soria (D)

Amended: 6/20/23 in Senate

Vote: 21

SENATE MILITARY & VETERANS COMMITTEE: 5-0, 7/10/23

AYES: Archuleta, Grove, Alvarado-Gil, Menjivar, Umberg

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 76-0, 5/25/23 - See last page for vote

SUBJECT: Veterans: memorials

SOURCE: Author

DIGEST:

This bill creates the Capitol Park Veterans Memorial Fund, to be continuously appropriated to and administered by the California Department of Veterans Affairs (CalVet), for the purpose of maintaining and rehabilitating existing memorials in the State Capitol to veterans of the United States Armed Forces.

ANALYSIS:

Existing law:

1. Requires the Department of Veterans Affairs (CalVet) to make available on their website a Veterans Memorial Registry. CalVet shall provide the geographically referenced information in a readily accessible format that permits members of the public to submit information on memorials to the registry, which shall be updated on a regular basis.
2. Establishes the California Veterans Board (Board) to advise CalVet and the secretary on policies for operations of the department.
   1. Requires that the Board shall consist of seven members who shall be appointed by the Governor subject to the confirmation of the Senate.
   2. Requires all members of the board to be veterans as defined in Section 18540.4 of the Government Code.
   3. Requires one of these members to be retired from the active or reserve forces of the United States military service.
   4. Requires one of these members to be a resident of a California veterans home.
   5. Requires one of these members to have substantial training, professional knowledge, or experience in the issues faced by female veterans which may include, but are not limited to, combat-related disorders, sexual trauma, and homelessness.

This bill:

1. Creates within the State Treasury the Fund for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.
2. Appropriates, continuously, money in the Fund to CalVet for the purpose of the maintenance and rehabilitation of those existing memorials.
3. Requires CalVet to administer the Fund, and for CalVet and the Department of General Services to work collaboratively pursuant to a memorandum of agreement to carry out the duties and functions of this chapter.
4. Requires CalVet, in administering the Fund, in consultation with the California Veterans Board, to prioritize memorials with no formal support from another body, public or private, for their maintenance, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol.

Background

Veterans Memorials located in Capitol Park include: the California Veterans Memorial, the California Vietnam Veterans Memorial, the Bell of the USS California, the Spanish-American War Memorial, Memorial Grove (Civil War) and the Mexican-American Veterans Memorial.

Comments

The Veterans Memorials located in Capitol Park were originally established with the support of outside organizations, nonprofits, and commissions with financial and management responsibility for the memorials. Over time, some of these organizations have dissolved leaving some memorials with no oversight and no statutory authority for maintenance. Among these is the Vietnam War Memorial on the grounds of the State Capitol. The Vietnam Veterans Memorial Commission established to manage the memorial no longer exists and no state agency has authority to repair the memorial. After groups vandalized the California Vietnam Veterans Memorial in 2020, well-meaning private citizens attempted to repair the memorial, but instead caused further damage. Last year’s state budget provided one-time funding for repairs, but did not assign formal responsibility or provide ongoing funding to maintain the memorial.

According to the author:

"It took nearly two years for the Vietnam Veterans Memorial in Capitol Park to be properly cleaned and prepared after it was vandalized. It was only because of quick action by CalVet and the Legislature, in particular through the intervention of previous chairs, that funding for such basic clean-up and repair was secured in time for an annual recognition of veterans of the Vietnam War. That was only a temporary solution, and the memorial still needs more significant repair and rehabilitation."

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee,

• Unknown, potentially significant General Fund cost pressures. The bill establishes the Capitol Park Veterans Memorial Fund for receipt of private donations to support Capitol Park veteran memorial maintenance and rehabilitation projects. To the extent that private donations to the Fund are not available or inadequate to cover the cost of maintenance projects, there may be a General Fund impact.
• CalVet anticipates costs to administer the Fund to be minor and absorbable.
• The Department of General Services (DGS) anticipates minor and absorbable costs associated with bidding out and managing projects.

SUPPORT: (Verified 9/1/23)

American Legion, Department of California
AMVETs, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Vietnam Veterans of America, California State Council

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: According to numerous veterans organizations, e must never forget the men and women who know all too much the cost of our freedom, for their service to this country is the greatest gift of all. The stories of their sacrifices live on in the pride of memories of their loved ones and through inscriptions on memorials and plaques dedicated to the legacy of their generation. Woven into the fabric of our country are those who died while wearing the cloth of our nation.

ASSEMBLY FLOOR: 76-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Dixon, Mathis, Papan

Prepared by: Jenny Callison / M.&V.A. / (916) 651-1503

9/2/23 14:46:01

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1350 (Soria) - Veterans: memorials

Bill Summary:

AB 1350 creates the Capitol Park Veterans Memorial Fund, to be continuously appropriated to and administered by the California Department of Veterans Affairs (CalVet), for the purpose of maintaining and rehabilitating existing memorials in the State Capitol to veterans of the United States Armed Forces.

Fiscal Impact:

• Unknown, potentially significant General Fund cost pressures. The bill establishes the Capitol Park Veterans Memorial Fund for receipt of private donations to support Capitol Park veteran memorial maintenance and rehabilitation projects. To the extent that private donations to the Fund are not available or inadequate to cover the cost of maintenance projects, there may be a General Fund impact.
• CalVet anticipates costs to administer the Fund to be minor and absorbable.
• The Department of General Services (DGS) anticipates minor and absorbable costs associated with bidding out and managing projects.

Background:

Veterans Memorials located in Capitol Park include: the California Veterans Memorial, the California Vietnam Veterans Memorial, the Bell of the USS California, the Spanish-American War Memorial, Memorial Grove (Civil War) and the Mexican-American Veterans Memorial. These Veterans Memorials located in Capitol Park were originally established with the support of outside organizations, nonprofits, and commissions with financial and management responsibility for the memorials. Over time, some of these organizations have dissolved leaving some memorials with no oversight and no statutory authority for maintenance.

Proposed Law:

• Establishes the Capitol Park Veterans Memorial Fund for the purpose of maintaining and rehabilitating existing memorials in the State Capitol to veterans of the United States Armed Forces and for receipt of private donations for that purpose.
• Provides that the Fund be continuously appropriated to CalVet and requires CalVet to administer the Fund.
• Requires CalVet and DGS to work collaboratively under a memorandum of agreement to administer the Fund.
• Requires CalVet to prioritize, in consultation with the California Veterans Board, those memorials that do not have formal support from another body, public or private, for their maintenance, including by not limited to, the Vietnam Veterans Memorial on the State Capitol grounds.

-- END --

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1350 (Soria) - Veterans: memorials

Bill Summary:

AB 1350 creates the Capitol Park Veterans Memorial Fund, to be continuously appropriated to and administered by the California Department of Veterans Affairs (CalVet), for the purpose of maintaining and rehabilitating existing memorials in the State Capitol to veterans of the United States Armed Forces.

Fiscal Impact:

• Unknown, potentially significant General Fund cost pressures. The bill establishes the Capitol Park Veterans Memorial Fund for receipt of private donations to support Capitol Park veteran memorial maintenance and rehabilitation projects. To the extent that private donations to the Fund are not available or inadequate to cover the cost of maintenance projects, there may be a General Fund impact.
• CalVet anticipates costs to administer the Fund to be minor and absorbable.
• The Department of General Services (DGS) anticipates minor and absorbable costs associated with bidding out and managing projects.

Background:

Veterans Memorials located in Capitol Park include: the California Veterans Memorial, the California Vietnam Veterans Memorial, the Bell of the USS California, the Spanish-American War Memorial, Memorial Grove (Civil War) and the Mexican-American Veterans Memorial. These Veterans Memorials located in Capitol Park were originally established with the support of outside organizations, nonprofits, and commissions with financial and management responsibility for the memorials. Over time, some of these organizations have dissolved leaving some memorials with no oversight and no statutory authority for maintenance.

Proposed Law:

• Establishes the Capitol Park Veterans Memorial Fund for the purpose of maintaining and rehabilitating existing memorials in the State Capitol to veterans of the United States Armed Forces and for receipt of private donations for that purpose.
• Provides that the Fund be continuously appropriated to CalVet and requires CalVet to administer the Fund.
• Requires CalVet and DGS to work collaboratively under a memorandum of agreement to administer the Fund.
• Requires CalVet to prioritize, in consultation with the California Veterans Board, those memorials that do not have formal support from another body, public or private, for their maintenance, including by not limited to, the Vietnam Veterans Memorial on the State Capitol grounds.

-- END --

SENATE COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Senator Bob Archuleta, Chair

2023 - 2024 Regular

Bill No: AB 1350 Hearing Date: 7/10/23

Subject: Veterans: memorials

DESCRIPTION

Summary:

Creates the Capitol Park Veterans Memorial Fund (Fund), for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.

Existing law:

1. Requires the Department of Veterans Affairs (CalVet) to make available on their website a Veterans Memorial Registry. CalVet shall provide the geographically referenced information in a readily accessible format that permits members of the public to submit information on memorials to the registry, which shall be updated on a regular basis.
2. Establishes the California Veterans Board (Board) to advise CalVet and the secretary on policies for operations of the department.
   1. Requires that the Board shall consist of seven members who shall be appointed by the Governor subject to the confirmation of the Senate.
   2. Requires all members of the board to be veterans as defined in Section 18540.4 of the Government Code.
   3. Requires one of these members to be retired from the active or reserve forces of the United States military service.
   4. Requires one of these members to be a resident of a California veterans home.
   5. Requires one of these members to have substantial training, professional knowledge, or experience in the issues faced by female veterans which may include, but are not limited to, combat-related disorders, sexual trauma, and homelessness.

This bill:

1. Creates within the State Treasury the Fund for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.
2. Continuously appropriates money in the Fund to CalVet for the purpose of the maintenance and rehabilitation of those existing memorials.
3. Requires CalVet to administer the Fund, and for CalVet and the department of General Services to work collaboratively pursuant to a memorandum of agreement to carry out the duties and functions of this chapter.
4. Requires CalVet, in administering the Fund, in consultation with the California Veterans Board, to prioritize memorials with no formal support from another body, public or private, for their maintenance, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol.

BACKGROUND

Veterans Memorials located in Capitol Park include: the California Veterans Memorial, the California Vietnam Veterans Memorial, the Bell of the USS California, the Spanish-American War Memorial, Memorial Grove (Civil War) and the Mexican-American Veterans Memorial.

COMMENT

These Veterans Memorials located in Capitol Park were originally established with the support of outside organizations, nonprofits, and commissions with financial and management responsibility for the memorials. Over time, some of these organizations have dissolved leaving some memorials with no oversight and no statutory authority for maintenance. Among these is the Vietnam War Memorial on the grounds of the State Capitol. The Vietnam Veterans Memorial Commission established to manage the memorial no longer exists and no state agency has authority to repair the memorial. After groups vandalized the California Vietnam Veterans Memorial in 2020, well-meaning private citizens attempted to repair the memorial, but instead caused further damage. Last year’s state budget provided one-time funding for repairs, but did not assign formal responsibility or provide ongoing funding to maintain the memorial.

According to the author:

"It took nearly two years for the Vietnam Veterans Memorial in Capitol Park to be properly cleaned and prepared after it was vandalized. It was only because of quick action by CalVet and the Legislature, in particular through the intervention of previous chairs, that funding for such basic clean-up and repair was secured in time for an annual recognition of veterans of the Vietnam War. That was only a temporary solution, and the memorial still needs more significant repair and rehabilitation."

POSITIONS

Sponsor: Author.

Support:

American Legion, Department of California
AMVETs, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Vietnam Veterans of America, California State Council

Oppose: None on File.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1350

Author:(Soria)

As Introduced Ver:February 16, 2023

Majority vote

SUMMARY

This bill creates the Capitol Park Veterans Memorial Fund (Fund), to be administered by the Department of Veterans Affairs (CalVet) for the purpose of the maintenance and rehabilitation of existing veterans memorials in the State Capitol.

Major Provisions

1. Creates within the State Treasury the Fund for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.
2. Continuously appropriates money in the Fund to CalVet for the purpose in 1), above.
3. Requires CalVet to administer the Fund, including prioritizing work, managing projects, and coordinating with state and private bodies to meet other requirements of state law.
4. Requires, in administering the Fund, CalVet to prioritize memorials with no formal support from another body, public or private, for their maintenance, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol.

COMMENTS

There are several veterans memorials in Capitol Park, including the Vietnam War Memorial, the Mexican-American War Memorial, the Veterans Memorial, and the California American Portuguese Veterans Memorial. These memorials were originally established with the support of outside organizations, nonprofits and commissions with financial and management responsibility for the memorials. Over time, some of these organizations have dissolved leaving some memorials with no oversight and no statutory authority for maintenance.

Among the memorials is the Vietnam War Memorial on the grounds of the State Capitol. The Vietnam Veterans Memorial Commission established to manage the memorial no longer exists and no state agency has authority to repair the memorial. The memorial was vandalized in 2020. Well-meaning private citizens attempted to repair the memorial, but instead caused further damage. Last year’s state budget provided one-time funding for repairs, but did not assign formal responsibility or provide ongoing funding to maintain the memorial.

According to the Author

"It took nearly two years for the Vietnam Veterans Memorial in Capitol Park to be properly cleaned and prepared after it was vandalized. It was only because of quick action by CalVet and the Legislature, in particular through the intervention of previous chairs, that funding for such basic clean-up and repair was secured in time for an annual recognition of veterans of the Vietnam War. That was only a temporary solution, and the memorial still needs more significant repair and rehabilitation."

Arguments in Support

Supporters state, "It is our responsibility as citizens to remember the Nation's brave fallen men and women. We must never forget the men and women who know all too much the cost of our freedom, for their service to this country is the greatest gift of all.

The stories of their sacrifices live on in the pride of memories of their loved ones and through inscriptions on memorials and plaques dedicated to the legacy of their generation. Woven into the fabric of our country are those who died while wearing the cloth of our nation."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Ongoing General Fund costs pressures, likely in the mid-hundreds of thousands of dollars, on an intermittent basis as repairs are necessary, and to the extent private funding is not available.
2. CalVet anticipates minor and absorbable costs to administer the Fund.

VOTES

ASM MILITARY AND VETERANS AFFAIRS: 11-0-0

YES: Soria, Davies, Addis, Alvarez, Boerner Horvath, Juan Carrillo, Mathis, Muratsuchi, Petrie-Norris, Ta, Valencia

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: February 16, 2023

CONSULTANT: Christian Burkin / M. & V.A. / (916) 319-3550 FN: 0000510

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1350

Author:(Soria) – As Introduced Ver:February 16, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill creates the Capitol Park Veterans Memorial Fund (Fund), to be administered by the Department of Veterans Affairs (CalVet) for the purpose of the maintenance and rehabilitation of existing veterans memorials in the State Capitol.

Specifically, this bill:

1. Creates within the State Treasury the Fund for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.
2. Continuously appropriates money in the Fund to CalVet for the purpose in 1) above.
3. Requires CalVet to administer the Fund, including prioritizing work, managing projects, and coordinating with state and private bodies to meet other requirements of state law.
4. Requires, in administering the Fund, CalVet to prioritize memorials with no formal support from another body, public or private, for their maintenance, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol.

FISCAL EFFECT:

1. Ongoing General Fund costs pressures, likely in the mid-hundreds of thousands of dollars, on an intermittent basis as repairs are necessary, and to the extent private funding is not available.
2. CalVet anticipates minor and absorbable costs to administer the Fund.

COMMENTS:

1. Purpose. According to the author:

It took nearly two years for the Vietnam Veterans Memorial in Capitol Park to be properly cleaned and prepared. It was only because of quick action by CalVet and the Legislature, in particular through the intervention of previous chairs, that funding for such basic clean-up and repair was secured in time for an annual recognition of veterans of the Vietnam War. That was only a temporary solution, and the memorial still needs more significant repair and rehabilitation.

1. Background. There are several veterans memorials in Capitol Park, including the Vietnam War Memorial, the Mexican-American War Memorial, the Veterans Memorial, and the California American Portuguese Veterans Memorial. These memorials were originally established with the support of outside organizations, nonprofits and commissions with financial and management responsibility for the memorials. Over time, some of these organizations have dissolved leaving some memorials with no oversight and no statutory authority for maintenance.

Among the memorials is the Vietnam War Memorial on the grounds of the State Capitol. The Vietnam Veterans Memorial Commission established to manage the memorial no longer exists and no state agency has authority to repair the memorial. The memorial was vandalized in 2020. Well-meaning private citizens attempted to repair the memorial, but instead caused further damage. Last year’s state budget provided one-time funding for repairs, but did not assign formal responsibility or provide ongoing funding to maintain the memorial.

This bill creates a fund to be administered by CalVet to provide for the maintenance and rehabilitation of veterans memorials in the State Capitol. The bill requires CalVet to prioritize funding for memorials with no formal support, such as the Vietnam Veterans Memorial. The Fund is structurally similarly to the existing California Mexican American Veterans’ Memorial Beautification and Enhancement Account in the General Fund, continuously appropriated to and administered by CalVet, for the “beautification and enhancement of an existing memorial and surrounding grounds at the State Capitol.”

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 18, 2023

ASSEMBLY COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Esmeralda Soria, Chair

ABPCA Bill Id:AB 1350 (

Author:Soria) – As Introduced Ver:February 16, 2023

SUBJECT: Veterans: memorials

SUMMARY: This bill would create the Capitol Park Veterans Memorial Fund, continuously appropriated to the Department of Veterans Affairs (CalVet) for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol, as specified. Specifically, this bill:

1. Creates within the State Treasury the Capitol Park Veterans Memorial Fund, for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.
2. Continuously appropriates money in the Capitol Park Veterans Memorial Fund to CalVet for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces.
3. States CalVet shall be responsible for administering the Capitol Park Veterans Memorial Fund, including prioritization of work, management of projects, and coordination with state and private bodies in order to meet other requirements of state law.
4. Requires that in administering the Capitol Park Veterans Memorial Fund, CalVet prioritize those memorials that do not have formal support from another body, public or private, for their maintenance, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol.

EXISTING LAW:

1. States that “Vietnam Veterans Memorial” means the memorial to California’s Vietnam veterans on the grounds of the State Capitol. (Military and Veterans Code (MVC) Section 1300.)
2. Requires the CalVet secretary to establish a California Mexican American Veterans’ Memorial Beautification and Enhancement Committee composed of seven members as follows:
   1. Five members appointed by the Governor.
   2. One member appointed by the President pro Tempore of the Senate.
   3. One member appointed by the Speaker of the Assembly. (Military and Veterans Code Section 1330.)
3. Permits the committee to request staff support and facilities for its activities from CalVet, and the department to provide that support and to be reimbursed for the cost of this support. (MVC Section 1332.)
4. Permits funds for the beautification and enhancement of the memorial to be provided through private contributions and through existing funds collected under the auspices of the California Mexican American Veterans’ Memorial Beautification and Enhancement Commission, and permits CalVet to receive contributions for this purpose. (MVC Section 1334.)
5. Creates the California Mexican American Veterans’ Memorial Beautification and Enhancement Account in the General Fund, and requires that all funds received by CalVet under Chapter 7 (commencing with Section 1330) to be deposited in the account for the design and construction of the California Mexican American Veterans’ Memorial, as specified. (MVC Section 1340.)
6. Continuously appropriates all funds deposited in the California Mexican American Veterans’ Memorial Beautification and Enhancement Account, without regard to fiscal year, to CalVet for the beautification and enhancement of an existing memorial and surrounding grounds at the State Capitol. (MVC Section 1341.)

FISCAL EFFECT: This bill has not been analyzed by a fiscal committee.

COMMENTS: According to the author:

“It took nearly two years for the Vietnam Veterans Memorial in Capitol Park to be properly cleaned and prepared. It was only because of quick action by CalVet and the Legislature, in particular through the intervention of previous chairs, that funding for such basic clean-up and repair was secured in time for an annual recognition of veterans of the Vietnam War. That was only a temporary solution, and the memorial still needs more significant repair and rehabilitation.”

There are a number of veterans memorials in Capitol Park, including the Vietnam War Memorial, the Mexican-American War Memorial, the Veterans Memorial, and the California American Portuguese Veterans Memorial. These memorials were originally established with the support of outside organizations, nonprofits and commissions, codified in law, with financial and management responsibility for the memorials.

However, over time, some of these organizations have dissolved, or otherwise vanished, and in some cases, there is no longer a statutory responsibility for the memorials’ maintenance and rehabilitation.

This came to a crisis recently when the Vietnam War Memorial was first vandalized in riots in 2020 and then further damaged when attempts were made to repair the memorial by otherwise well-intentioned private citizens, who made mistakes in application of materials and substances to the memorial’s surface.

State agencies had no funding or authority to repair the aging memorial, and the Vietnam Veterans Memorial Commission established to manage the memorial is functionally no more.

Funding was secured in the budget last year for some repairs, but there are ongoing needs, and still no recognized formal responsibility or explicit funding.

Assembly Bill 287 (Frazier, Chapter 229, Statutes of 2013) repealed the following Military and Veterans code sections governing the Vietnam Veterans Memorial:

1303. (a) The construction of a memorial to California's Vietnam veterans on the grounds of the State Capitol is hereby authorized. For purposes of this chapter, the grounds of the State Capitol are that property in the City of Sacramento bounded by Ninth, Fifteenth, "L", and "N" Streets. The actual site for the memorial shall be selected by the commission after consultation with the Department of General Services.

(b) Funds for the construction of the memorial shall be provided through private contributions. The commission may receive contributions for this purpose.

1304. With respect to the design and construction of the memorial, the commission may do all of the following:

(a) Establish a schedule for the design, construction, and dedication of the memorial.

(b) Implement procedures to solicit designs for the memorial and devise a selection process for the choice of the design.

1306. (a) The sum of twenty-five thousand dollars ($25,000) is hereby appropriated from the General Fund to the commission as a loan for purposes of this chapter. The commission shall reimburse the amount of this appropriation, plus interest at the same rate of interest as that earned by moneys invested in the Pooled Money Investment Account during the term of the loan, from the first contributions received by the commission under this chapter.

(b) The Vietnam Veterans Memorial Account in the General Fund is hereby established. All funds received by the commission under this chapter shall be deposited in the account. The money in the account is hereby appropriated to the commission for purposes of this chapter without regard to fiscal years.

REGISTERED SUPPORT / OPPOSITION:

Support

American Legion, Department of California

AMVETS, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

Vietnam Veterans Association, California State Council

Opposition

None on file.

Analysis Prepared by: Christian Burkin / M. & V.A. / (916) 319-3550