BILL ANALYSIS                                                                                                                                                                                                    Ó






                      SENATE COMMITTEE ON VETERANS AFFAIRS
                              LOU CORREA, CHAIRMAN
                                             


          Bill No:        AB 1505
          Author:         Pan
          Version:        As amended May 3, 2012
          Hearing Date:   June 12, 2012
          Fiscal:         Yes
          Consultant:     Donald E. Wilson




                                 SUBJECT OF BILL  
          
          Veterans benefits: reinstatement  
           
                                   PROPOSED LAW  
          
          1.  To reinstate state veterans' benefits to discharged 
          homosexual veterans if The Federal Government acts to 
          reinstate benefits to those veterans if they were 
          discharged solely for being homosexual.

          2.  Makes two legislative findings.
                                         
                          EXISTING LAW AND BACKGROUND  
          
          1.  Until 2011 homosexuality was a reason for discharge 
          from the United States Military.

          2.  If the class of discharge was severe enough, a veteran 
          could lose his or her benefits.  Discharges include entry 
          level discharge, honorable, general, other than honorable, 
          bad conduct, and dishonorable.

          3.  Bad conduct and dishonorable discharges are court 
          martial offenses and usually include a forfeiting of 
          benefits.     

                                         
                                    COMMENT  
          
          1.  The legislative findings are unnecessary.  The intent 









          of the bill is quite clear and unambiguous in its language. 
           Code books are intended to spell out the law, and intent 
          language may have a justification where there could be 
          confusion or ambiguity, which more than likely means the 
          bill should be cleaned up rather than passed as is.  This 
          intent language looks more like a political point than 
          clarification, and members should be wary of making law 
          books into political statements.

          RECOMMENDED AMENDMENT - Strike the intent language from 
          this bill.


                                     SUPPORT  
          American Legion, Department of California
          AMVETS, Department of California
          California Sate Commanders Veterans Council
          National Association of Social Workers, California Chapter
          Vietnam Veterans of America, California State Council


                                      OPPOSE  
          
          None received




















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