BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1505 (Pan) - Veterans Benefits
Amended: August 6, 2012 Policy Vote: VA 5-0 Jud 4-0
Urgency: No Mandate: No
Hearing Date: August 16, 2012
Consultant: Maureen Ortiz
SUSPENSE FILE.
Bill Summary: AB 1505 requires the state to reinstate benefits
to veterans that have their benefits reinstated by the federal
government if the benefits were originally denied solely on the
basis of sexual orientation. Additionally, the bill requires
the Department of Veterans (DVA) to distribute information
regarding military discharge upgrades, as specified.
Fiscal Impact:
Potentially minor costs to the DVA for posting the
information on its Website, and to distribute information
provided by veterans organizations (General)
Unknown, potentially significant costs for reinstating
benefits (General)
Exact costs of reinstating benefits to veterans who were
previously denied will depend on the number of veterans who have
the discharge upgraded pursuant to the elimination of "Don't
Ask, Don't Tell".
Background: The "Don't Ask, Don't Tell" policy and the general
prohibition of homosexual persons serving in the military were
statutorily and administratively repealed on September 20, 2011.
Veterans who have separated with a dishonorable or bad conduct
discharge from the military under the "Don't Ask, Don't Tell"
(DADT) policy are ineligible to receive State and Federal
veterans' benefits.
California currently provides numerous benefits for veterans who
are honorably discharged including the following:
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a) College tuition fee waivers for veterans' dependents
b) Nonresident college fee waiver
c) Disabled veteran business enterprise opportunities
d) Veterans Homes
e) Motor vehicle registration fee waiver
f) Disabled veteran license plates
g) Veterans preference in civil service exams
h) Veterans Cemetery
i) Fishing and hunting licenses
j) Employment and unemployment insurance assistance
k) Farm and home loans
l) State parks and recreation passes
m) Business license tax waiver
n) Property tax exemptions
Many state benefits are conditioned on a federal benefit status
and/or discharge type. If a veteran received an honorable
discharge, even if he or she was discharged under the DADT
policy, that veteran is generally eligible for federal and thus
state benefits. However, without a discharge upgrade from
dishonorable or bad conduct, many federal benefits are
unavailable and because the state benefit requires a certain
federal status trigger, the veteran will remain ineligible for
state benefits even after enactment of this bill.
Individual veterans may apply to military authorities to request
an upgrade of his or her discharge status so as to become
eligible for benefits, but discharge upgrades are strictly
within the purview of the federal government.
Proposed Law: AB 1505 provides that if the federal government
acts to reinstate benefits to discharged veterans, regardless of
their discharge classification, who were denied benefits solely
on the basis of sexual orientation as specified, the state will
reinstate to those veterans any state-offered benefits they were
denied due to those federal policies.
AB 1505 also requires the Department of Veterans Affairs to
provide on its Internet Website, links to Internet resources
that provide information regarding veterans' legal services
organizations that specialize in military discharge upgrades.
The department will also be required to provide printed
resources in its offices and walk-in locations. The materials
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will be created by veterans' legal services organizations that
specialize in military discharge upgrades.
Staff Comments: AB 1505 states that 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; and further, to respond to any federal
reinstatement of benefits for discharged veterans who were
denied 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.