BILL NUMBER: AB 1505	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 3, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Pan
   (Principal coauthor: Senator Kehoe)
   (Coauthors: Assembly Members  Atkins   Allen,
  Atkins,   Fletcher,  and Hill)
   (Coauthor: Senator Lieu)

                        JANUARY 11, 2012

   An act to add Section 711 to the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1505, as amended, Pan. Department of Veterans Affairs: veterans'
 benefits.   benefits: reinstatement. 
   Existing law establishes the Department of Veterans Affairs, which
is responsible for administering various programs and services for
the benefit of veterans. 
   This bill would provide that if the federal government acts to
reinstate benefits to discharged veterans, as specified, who were
denied those benefits solely on the basis of sexual orientation
pursuant to any federal policy prohibiting homosexual personnel from
serving in the Armed Forces of the United States, the state shall
reinstate to those veterans any state-offered benefits, as provided.
 
   This bill would require the Department of Veterans Affairs to
provide Internet resources, Internet links, and print materials, as
provided, regarding veterans' legal services organizations that
specialize in military discharge upgrades.  
   This bill would require the Department of Veterans Affairs to
provide qualified benefits for qualified veterans. This bill would
define the term "qualified benefits" to mean a benefit, including,
but not limited to, certain items, that is administered by the
Department of Veterans Affairs, and would define the term "qualified
veteran" to mean any person who served in the Armed Forces of the
United States and who meets specified conditions relating to
separation from the Armed Forces of the United States. This bill
would require the qualified veteran to provide documentation to the
Department of Veterans Affairs relating to separation from the Armed
Forces of the United States in a form and manner as prescribed by the
Department of Veterans Affairs. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) It is the intent of the Legislature to extend fair and equal
treatment with regard to the administration of veterans' services and
programs to California's veteran population regardless of sexual
orientation.  
   (b) It is the intent of the Legislature to respond to any federal
reinstatement of benefits for discharged veterans, regardless of
their discharge status, who were denied those benefits because of any
federal policy prohibiting homosexual personnel from serving in the
United States Armed Forces, by reinstating state-offered benefits for
the same veterans. 
   SEC. 2.    Section 711 is added to the  
Military and Veterans Code   , to read:  
   711.  (a) If the federal government acts to reinstate benefits to
discharged veterans, regardless of their discharge classification,
who were denied those benefits solely on the basis of sexual
orientation pursuant to any federal policy prohibiting homosexual
personnel from serving in the Armed Forces of the United States, the
state shall reinstate to those veterans any state-offered benefits
they were denied due to those federal policies.
   (b) To the extent practicable, the department shall do the
following:
   (1) On the department's Internet Web site, provide Internet
resources or links to Internet resources that provide information
regarding veterans' legal services organizations that specialize in
military discharge upgrades.
   (2) In the department's offices and walk-in locations, provide
printed resources, to the extent available, created by veterans'
legal services organizations that specialize in military discharge
upgrades.  
  SECTION 1.    Section 711 is added to the Military
and Veterans Code, to read:
   711.  (a) The Department of Veterans Affairs shall provide
qualified benefits for qualified veterans.
   (b) For purposes of this section, both of the following shall
apply:
   (1) "Qualified benefits" means a benefit that is administered by
the Department of Veterans Affairs , including, but not limited to,
any of the following:
   (A) College tuition fee waivers for veterans' dependents.
   (B) Nonresident college fee waiver.
   (C) Disabled veteran business enterprise opportunities.
   (D) Veterans Homes of California.
   (E) Motor vehicle registration fee waiver.
   (F) Disabled veteran license plates.
   (G) Free license plates.
   (H) Veterans preference in California civil service examinations.
   (I) State of California Veterans Cemetery.
   (J) Fishing and hunting licenses.
   (K) Employment and unemployment insurance assistance.
   (L) Farm and home loans.
   (M) State parks and recreation pass.
   (N) Business license tax waiver.
   (O) Property tax exemptions.
   (2) (A) "Qualified veteran" means any person who served in the
Armed Forces of the United States, who was separated from the Armed
Forces of the United States solely on the basis of sexual orientation
pursuant to any federal policy prohibiting homosexual personnel from
serving in the Armed Forces of the United States and not as a result
of any other violation.
   (B) The definition of "qualified veteran" provided by this
paragraph shall apply regardless of the classification of separation
from the Armed Forces of the United States executed by the federal
government.
   (c) The qualified veteran shall provide documentation to the
Department of Veterans Affairs relating to separation from the Armed
Forces of the United States, including, but not limited to, a DD form
214, in a form and manner as prescribed by the Department of
Veterans Affairs.