April 25, 2006
SUBJECT: ADOPTION OF LEGISLATIVE ADVOCACY POSITION (LAP) REGARDING AB 1923: AN ACT TO ADD SECTION 906 TO THE MILITARY AND VETERANS CODE, RELATING TO MILITARY BENEFITS
REPORT IN BRIEF
This report details a proposed addition to the City’s 2006 Legislative Advocacy Positions (LAP), which were approved during the February 7, 2006 Council meeting. In February of this year, Assemblymember Joe Nation introduced legislation aimed at providing qualifying members of the California National Guard with education benefits. Mayor Ron Swegles is requesting Council take a position on this bill. If Council decides to take a position on AB 1923, staff recommends Council also adopt a Legislative Advocacy Position (LAP) on this issue. Staff is not making a recommendation to support or oppose AB 1923.
BACKGROUND
Mayor Ron Swegles asked the City Manager to prepare a Report to Council to explore the City taking a position on California Assembly Bill 1923: An Act to Add Section 906 to the Military and Veterans Code, Relating to Military Benefits. One of the primary goals of the City's intergovernmental relations program is to conduct advocacy for City interests effectively and efficiently regarding pending legislation and intergovernmental issues. The Legislative Advocacy Positions (LAP) identify the City’s advocacy positions on issues and legislation. The purpose of establishing and maintaining the City’s LAP is to expedite advocacy on legislative and intergovernmental issues. It is a component of the City’s Council Policies which provide guidelines for current or future City action in all areas of City business. City business includes all matters directly related to the delivery of services provided by the City of Sunnyvale to its residents and to the City’s operational success.
EXISTING POLICY
Goal 7.3C: Participate in intergovernmental activities, including national, state and regional groups, as a means to represent the City’s interests, influence policy and legislation, and enhance awareness.
Policy 7.3C.1: Represent City policy in intergovernmental activities in accordance with adopted policy guidelines.
There is no existing City policy related to education benefits for members of the California National Guard. The following policies deal generally with the topic:
Goal 5.1E: Support efforts to improve the availability and quality of education made available in Sunnyvale.
Policy 5.1E.1: Support educational reforms that will cost-effectively result in better education.
Policy 5.1E.7: Support reforms to improve educational quality.
DISCUSSION
AB 1923, introduced by Assemblymember Joe Nation on February 1, 2006 and sponsored by the National Guard Association of California, would prohibit any campus of the University of California, the California State University, or the California Community Colleges from charging any tuition or fees, as specified, to any qualified member, as defined. These provisions would only apply to the University of California to the extent the regents make them applicable by resolution.
On April 5, 2006 the Assembly Veterans Affairs Committee unanimously (8-0 vote) passed an amended version of the proposed legislation (Attachment A). The legislation was reviewed during a hearing in the Assembly Higher Education Committee on April 18, 2006 where it passed unanimously (7-0) as further amended (version most recently passed out of committee not available in time to include with this RTC). The legislation was re-referred to the Committee on Appropriations and a hearing date is yet to be determined.
According to Assemblymember Nation’s office, California is one of only two states that provide no education benefits to members of the National Guard. Staff contacted the Public Affairs office of the California National Guard to determine the number of National Guard members who reside in the City of Sunnyvale. California National Guard did not have available the number of National Guard members residing in Sunnyvale or within Santa Clara County.
FISCAL IMPACT
There is no fiscal impact related to this report.
Conclusion
Assemblymember Joe Nation introduced legislation (AB 1923) aimed at providing qualifying members of the California National Guard with education benefits. Mayor Ron Swegles is requesting Council take a position on this bill. If Council decides to take a position on AB 1923, staff recommends Council also adopt a Legislative Advocacy Position (LAP) on this issue.
PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report at the Library and the City Clerk's Office.
ALTERNATIVES
1) Support AB 1923 and adopt the proposed LAP: Support education benefits for members of the California National Guard.
2) Support AB 1923 and adopt an alternative LAP.
3) Oppose AB 1923 and adopt the proposed LAP: Oppose education benefits for members of the California National Guard.
4) Oppose AB 1923 and adopt an alternative LAP.
5) Take no position on AB 1923.
6) Other action as identified by Council.
RECOMMENDATION
Consistent with City practice, staff is not making a recommendation to support or oppose AB 1923. The proposed legislation does not have an impact on City business and there is no existing City policy specific to supporting education benefits for California National Guard members. Moreover, there is substantial difficulty associated with measuring the impact of AB 1923 to the City of Sunnyvale. If Council decides to take a position on AB 1923 staff recommends Council also adopt an LAP on this issue.
Reviewed by:
Robert Walker, Assistant City Manager
Prepared by: Coryn Campbell, Neighborhood and Community Resources Manager
Approved by:
Amy Chan
City Manager
Attachments
A) California Assembly Bill 1923: An Act to Add Section 906 to the Military and Veterans Code, Relating to Military Benefits (as amended) (.pdf)