BILL ANALYSIS Ó
AB 1505
Page 1
ASSEMBLY THIRD READING
AB 1505 (Pan)
As Amended May 3, 2012
Majority vote
Veterans Affairs 6-0 Judiciary 7-1
-----------------------------------------------------------------
|Ayes:|Pan, Atkins, Block, V. |Ayes:|Feuer, Atkins, Dickinson, |
| |Manuel Pérez, Williams, | |Huber, Monning, |
| |Yamada | |Wieckowski, Alejo |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Jones |
| | | | |
-----------------------------------------------------------------
Appropriations 12-0
-----------------------------------------------------------------
|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
-----------------------------------------------------------------
SUMMARY : Requires the California Department of Veterans Affairs
(CDVA) to grant certain benefits to certain veterans upon
reinstatement by the federal government. Specifically, this
bill :
1)Provides that if the federal government acts to reinstate
benefits to discharged veterans, regardless of their discharge
classification, who were denied those benefits due to federal
policies prohibiting homosexual persons from serving in the
military, then the state shall reinstate any state-offered
benefits to those discharged veterans.
2)Requires that, to the extent practicable, the CDVA shall
provide:
a) Internet resources or links on the CDVA Web page that
provide information regarding veterans' legal services
AB 1505
Page 2
organizations that specialize in military discharge
upgrades; and,
b) Printed resources on these same organizations at CDVA
offices and walk-in locations.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor state costs to the extent this
bill results in increased state services for additional
veterans. Based on the Assembly Veterans Affairs Committee
estimate of 32,000 "Don't Ask Don't Tell" (DADT) discharges
since 1980, assuming that about 10% are Californians, and
assuming that only a small percentage, 10%, are dishonorably
discharged, and therefore currently ineligible for veterans'
benefits, and assuming 50% of that number pursued state services
pursuant to this bill, this relatively small number would not
likely lead to significant expenditures.
Moreover, as highlighted in the Assembly Veterans Affairs
Committee analysis, since many state veterans' benefits are
conditioned on federal discharge and benefit status, it is not
clear this bill will have any significant effect on state
services
COMMENTS : In 1949, the United States Department of Defense
issued a memorandum stating that: "homosexual personnel,
irrespective of sex, should not be permitted to serve in any
branch of the Armed Services in any capacity, and prompt
separation of known homosexuals from Armed Forces be made
mandatory."
According to the author, since DADT was adopted, approximately
85% of related discharges were made on the basis of statements
by the servicemember, while about 15% were based on other
evidence. From 1980 until the repeal of DADT, over 32,000
servicemembers were separated under DADT and its predecessor
policies.
This bill creates a contingency that, if a servicemember has
been denied federal benefits due to DADT (or a predecessor
policy) and the federal government reverses that decision, the
state shall follow suit. This contingent action would be
consistent with California policies that prohibit discrimination
based on sexual orientation.
AB 1505
Page 3
In addition, to the extent that there are servicemembers who
received a more negative character of discharge simply because
of homosexuality, the bill facilitates those servicemembers
accessing a group that may assist them in upgrading their
discharge characterization based on the repeal of DADT. Again,
these actions would be consistent with California policies that
prohibit discrimination based on sexual orientation.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
FN: 0003492