Miscellaneous Issues

H. MISCELLANEOUS ISSUES

AB 1818 Housing: veterans (Felipe Fuentes, San Fernando) [FAILED PASSAGE, SENATE]
DESCRIPTION: This bill would authorize a housing developer or a provider of rental housing who has received a loan or grant from the Department of Housing and Community Development or the California Housing Finance Agency, and whose housing is subject to rental or ownership restrictions imposed pursuant to the loan or grant, to limit, in whole or in part, the sale, rental, or occupancy of that housing to veterans, as defined, or to grant preference to veterans regarding the sale, rental, or occupancy of the housing.
The bill has been amended to provide that:
The sponsor of a supportive housing development may restrict occupancy to veterans, if all of the following conditions apply:
(A) The veterans to be served possess significant barriers to social reintegration and employment that require specialized treatment and services and are due to a physical or mental disability, substance abuse, or the effects of long-term homelessness;
(B) The sponsor also provides, or assists in providing, the specialized treatment and services;
(C) The project is located on property owned by the United States Department of Veterans Affairs, and leased to the sponsor for a term of at least 55 years.

STATUS: Passed by the Assembly Committee on Judiciary on April 1 (vote 10-0), and by Committee on Veterans Affairs April 29 (vote 9-0). Passed by the Assembly May 8 (vote 74-0).
In the Senate, passed by the Committee on Transportation and Housing June 18 (vote 12-0).
Placed on inactive file August 30/

SUPPORT/OPPOSITION: Officially supported by A Community of Friends, Inc. (sponsor); California State Commanders Veterans Council; California Association of Veterans Service Agencies; Century Housing; Housing California; New Directions, Inc.; Tenderloin Neighborhood Development Corporation; Western Center on Law and Poverty.

AB 1919 Sales and use taxes: exemptions: thrift stores operated by nonprofit organizations on military installations. (James Silva, Huntington Beach) [DIED IN ASSEMBLY COMMITTEE ON APPROPRIATIONS MAY 22]
DESCRIPTION: This bill would exempt from sales and use tax, the sale of tangible personal property by a nonprofit organization that operates a thrift store on a military installation, whose purpose is to assist members of the Naval Services of the United States, and eligible family members and survivors.
Note: SB 1450 (Dutton), below, is on the same subject.

STATUS: Passed by Assembly Committee on Revenue and Taxation March 24 (vote 9-0). Placed on Suspense File by Assembly Committee on Appropriations. Held under submission May 22.

SUPPORT/OPPOSITION: Officially supported by the California Board of Equalization (sponsor).

AB 2171 Purple Heart Memorial. (Paul Cook, Yucaipa) [UPDATED SEPTEMBER 2] [ENROLLED]
Proposes that the Military Order of the Purple Heart be authorized to construct and maintain a memorial at the Capitol Park.

STATUS: Passed by the Assembly Committee on Rules April 14 (vote 9-0 with 2 abstentions). Passed by Assembly Committee on Appropriations April 30 (vote 16-0). Passed by the Assembly May 15.
In the Senate, passed by the Committee on Rules August 11 (vote 5-0). Passed by Committee on Appropriations August 18. Passed by the Senate August 22 (vote 37-0).
Assembly concurred in Senate amendments August 30. Enrolled.

SUPPORT/OPPOSITION: Supported by the California State Commanders Veterans Council.

AB 2238 Dependent children: out-of-home placements. (Cameron Smyth, Valencia) [UPDATED APRIL 6] [FAILED PASSAGE ASSEMBLY COMMITTEE ON HUMAN SERVICES]
DESCRIPTION: Would provide that it is the right of a child in foster care who is 17 years of age or older to enter into a program for delayed entry into military service or to immediately enlist in active military service, with the consent of his or her foster parent or social worker. The bill would also delete a current provision of state law that a child in foster care who enlists in the military service is considered to be an emancipated minor for purposes of receiving certain foster care benefits.

STATUS: Referred to Assembly Committees on Human Services, and on Veterans Affairs. Failed passage by the Committee on Human Services April 1 (vote 2-3 with 2 Committee members not voting.)

NOTE: The two votes for the bill were by Tom Berryhill (R-Modesto) and Todd Spitzer (R-Orange). The three votes against were by Jim Beall (D-San Jose), Mark DeSaulnier (D-Martinez), and Paul Krekorian (D-Burbank). The abstentions, which have the same effect as a "No" vote, were by Mike Davis (D-Los Angeles), and Warren Furutani (D-Long Beach). The issue, obviously, became partisan.

SUPPORT/OPPOSITION: Officially supported by California State Commanders Veterans Council.
Officially opposed by Children's Law Center of Los Angeles; County Welfare Directors Association of California.

AB 2615 Transportation funding: City of Berkeley: United States Marine Corps. (Guy Houston, Livermore. Coauthors: Assembly: Anthony Adams, Monrovia; Joel Anderson, El Cajon; John Benoit, Riverside; Chuck DeVore, Irvine; Michael Duvall, Brea; Bill Emmerson, Rancho Cucamonga; Ted Gaines, Roseville; Bonnie Garcia, Cathredral City; Martin Garrick, Carlsbad; Shirley Horton, Lemon Grove; Kevin Jeffries, Murrieta; Rick Keene, Chico; Doug LaMalfa, Redding; Bill Maze, Visalia; Roger Niello, Sacramento; George Plescia, San Diego; Jim Silva, Huntington Beach; Cameron Smyth, Valencia; Van Tran, Costa Mesa; and Mike Villines, Fresno.) [UPDATED APRIL 19] [FAILED PASSAGE]
DESCRIPTION: Would prohibit the State Controller from allocating any funds under various state programs for street construction and port security to the City of Berkeley until it is determined that the City Council has revoked and withdrawn those items regarding the U.S. Marine Corps Recruiting station which were passed by the Council on January 29, 2008.

STATUS: Failed passage Assembly Committee on Transportation April 14 (vote 7-5, with 2 abstentions. Total of 8 votes required for passage.)
NOTE: This was made into a partisan issue by the Democratic majority. Five Republicans voted in favor of the bill: Mike Duvall, Brea; Martin Garrick, Carlsbad; Shirley Horton, Lemon Grove; Guy Houston, Livermore; and Bob Huff, Diamond Bar. Also, two Democrats voted for the bill: Cathleen Galgiani, Tracy; and Jose Soloria, Santa Ana. Five Democrats voted against the bill: Mark DeSaulnier, Martnez; Wilmer Carter, Ralto; Warren Furutani, Long Beach; Betty Karnette, Long Beach; and Ira Ruskin, Redwood City. Two members who, reportedly, were going to support the bill were pressured to abstain from voting which prevented the bill from receiving a majority of votes in the Committee: Pedro Nava, Santa Barbara; and Anthony Portantino, Pasasdena.

AB 2671 Prisoners: veterans. (Mary Salas, Chula Vista) [UPDATED SEPTEMBER 2] [ENROLLED]
DESCRIPTION: Requires the Department of Corrections and Rehabilitation (CDCR) to establish an Incarcerated Veterans Transition Program (IVTP) to assist honorably discharged incarcerated veterans in successfully obtaining federal and state benefits. Specifically, this bill:
1)Requires the CDCR to establish an IVTP that provides for a pre-release application process for honorably discharged incarcerated veterans eligible for federal and state benefits.
2)Requires the Department of Veterans Affairs (DVA) and other appropriate state departments to provide staff assistance necessary to effectuate and operate the program.
3)Requires each county sheriff and the Secretary of CDCR to ascertain whether a newly committed prisoner is a military veteran. If the person is a veteran, the county sheriff or the Secretary of CDCR shall report the veteran status to the county veteran service officer.

STATUS: Referred to Assembly Committees on Public Safety and Veterans Affairs. Passed by the Committee on Public Safety on April 1 (vote 6-0), and by the Committee on Veterans Affairs April 15 (vote 9-0). Placed on Suspense File by Committee on Appropriations May 7. As amended to delete requirement for a program at the County level, passed by Committee on Appropriations May 22 (vote 12-0). Passed by the Assembly May 29.
In the Senate, passed by the Committee on Public Safety June 25 (vote 4-0). Placed on Suspense File by Committee on Appropriations July 7 (vote 14-0). Passed by Committee on Appropriations August 11 (vote 9-6). Passed by the Senate August 14 (vote 27-12).
Assembly concurred in Senate amendments August 18. ENROLLED.
NOTE: For some reason, this bill became a partisan issue in the Senate Appropriations Committee and in the Floor vote. The Committee vote was strictly along party lines (Democrats - yes, Republicans - no.) On the Floor vote, all not votes were by Republican, but three Republican voted for the bill: Bob Margett (Glendora), Tom Harman (Costa Mesa), and Mark Wyland (Carlsbad) -- who had voted no in the Committee.

SUPPORT/OPPOSITION: Officially sponsored and supported by the California State Commanders Veterans Council.

AB 3009 Sales and use taxes: consumers: itinerant vendors (veterans). (Julia Brownley, Woodland Hills.) [FAILED PASSAGE ASSEMBLY COMMITTEE ON REVENUE AND TAXATION]
DESCRIPTION: Would provide that a person who was a member of the United States Armed Forces, who received an honorable discharge or a release from active duty under honorable conditions from service, and who, for the purposes of selling food products and beverages, has no permanent place of business in this state, is a qualified itinerant vendor who is a consumer of, and shall not be considered a retailer of, food products and nonalcoholic beverages that he or she sells.

SB 1245 California Mexican American Veterans' Memorial. (Gloria Negrete McLeod, Montclair) [UPDATED SEPTEMBER 2] [ENROLLED]
DESCRIPTION: Would require the Department of General Services, in consultation with the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee, to accomplish specified goals with respect to the design and construction of the memorial.

STATUS: Passed by the Senate Committee on Veterans Affairs March 25 (vote 5-0), and by the Senate Committee on Appropriations April 14. Passed by the Senate April 17 (vote 38-0).
In the Assembly, passed by the Committee on Veterans Affairs June 18 (vote 8-0). Passed by Committee on Appropriations July 2. Passed by the Assembly August 4.
Senate concurred in Assembly amendments August 5. ENROLLED.

SB 1328 Bingo. (Gilbert Cedillo, Los Angeles) [FAILED PASSAGE SENATE COMMITTEE ON GOVERNMENT ORGANIZATION]
DESCRIPTION: Would delete the $250 limitation on bingo game payouts, thereby allowing for an award of any denomination, and would limit the operation of bingo games to organizations that have been incorporated or in existence for 5 years or more. The bill would also allow an organization to use audio or video technology to electronically link any of its in-state facilities in order to broadcast a bingo game from a single location to multiple locations owned, leased, or rented by that organization or a subsidiary.

SB 1450 Sales and use taxes: exemptions: thrift stores operated by nonprofit organizations on military installations. (Bob Dutton, Rancho Cucamonga) [UPDATED AUGUST 9] [FAILED PASSAGE ASSEMBLY COMMITTEE ON APPROPRIATIONS]
DESCRIPTION: Would exempt from sales and use taxes the sales by a nonprofit organization that operates a thrift store on a military installation, whose purpose is to assist members of the Naval Services of the U.S., and eligible family members and survivors.
Note: AB 1919 (Silva), above, is on the same subject.

STATUS: Passed by Senate Committee on Revenue and Taxation April 23 (vote 8-0), and by Committee on Appropriations May 6. Passed by the Senate May 8 (vote 34-0).
In the Assembly, passed by the Committee on Revenue and Taxation June 9 (vote 9-0). Placed on Suspense File by Committee on Appropriations July 16. Held under submission by Committee on Appropriations August 7.

SB 1481 Veterans affairs: administration. (Mark Wyland, San Juan Capistrano/Carlsbad) [FAILED PASSAGE]
DESCRIPTION: This is a spot bill which will be amended later.

SB 1534 Veterans: Military Decorations. (Jim Battin, Palm Desert) [UPDATED AUGUST 9] [ENROLLED]
DESCRIPTION: Would allow uniformed public safety personnel to wear military decorations during the week immediately preceding Veterans Day and Memorial Day, on those two days, and one day immediately following those days.

STATUS: Passed by the Senate Committee on Veterans Affairs March 25 (vote 5-0). Passed by the Senate Committee on Appropriations April 14. Passed by the Senate April 17 (vote 38-0).
In the Assembly, passed by the Committees on Veterans Affairs June 18 (vote 8-0), and Appropriations July 2 (vote 17-0). Passed by the Assembly July 15 (vote 76-0).
Enrolled and to the Governor August 4.
Returned by the Governor at the request of the Senate August 7. (NOTE: The Governor had stated an intention of vetoing all bills sent to his desk until the Budget bill was passed by the Legislature.)

SB 1482 Local government: forfeiture of office. (Lou Correa, Santa Ana. Coauthors, Assembly: Wilmer Carter, Rialto; Paul Cook, Yucaipa.) [UPDATED JULY 20] [CHAPTERED]
DESCRIPTION: Would provide that an elected officer of a city, county, or district in this state forfeits his or her office upon the conviction of a crime pursuant to the federal act, that involves a false claim of receipt of a military decoration or medal described in that act.

STATUS: Passed by Senate Committee on Local Government April 16 (vote 4-0). Passed by the Senate May 8 (Vote 34-0).
In the Assembly, passed by Committee on Local Government June 19 (vote 7-0). Passed by the Assembly June 26 (vote 76-0).
Enrolled and to the Governor June 30.
Signed by the Governor July 10. CHAPTERED.