BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1505|
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THIRD READING
Bill No: AB 1505
Author: Pan (D), et al.
Amended: 8/6/12 in Senate
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 5-0, 6/12/12
AYES: Correa, Calderon, Negrete McLeod, Rubio, Lieu
NO VOTE RECORDED: Cannella, Berryhill, Runner
SENATE JUDICIARY COMMITTEE : 4-0, 6/26/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 54-6, 5/21/12 - See last page for vote
SUBJECT : Department of Veterans Affairs: veterans
benefits:
reinstatement
SOURCE : Equality California
Sacramento Valley Veterans
DIGEST : This bill 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.
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Additionally, the bill requires the Department of Veterans
(DVA) to distribute information regarding military
discharge upgrades, as specified.
ANALYSIS :
Existing law:
1. Prohibits, on the basis of race, national origin, ethnic
group identification, religion, age, sex, sexual
orientation, color, genetic information, or disability,
the unlawful denial of full and equal access to the
benefits of, or the unlawful discrimination under, any
program or activity that is conducted, operated, or
administered by the state or by any state agency, is
funded directly by the state, or receives any financial
assistance from the state.
2. Requires every state and local public agency to render
the service or provide the benefits or assistance it
provides to the public to every veteran on the same
basis as to any other eligible person.
3. Provides that, if any public agency which has rendered a
service, provided benefits, or furnished assistance to a
veteran determines that the costs of rendering the
service or providing the benefits or assistance are
recoverable from DVA's Administration, it shall refer
the matter to the county veteran service officer, where
applicable, for action and shall assist the county
veteran service officer in any way.
This bill:
1.Provides that if the federal government acts to reinstate
benefits to discharged veterans, who regardless of their
discharge classification, 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 any state-offered benefits to those
veterans were denied due to those federal policies.
2.Requires DVA, to the extent practicable, to:
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On DVA'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; and
In DVA's offices and walk-in locations, provide
printed resources created by veterans' legal services
organizations that specialize in military discharge
upgrades.
1.Declares legislative intent 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.
2.Declares legislative intent to respond to any federal
reinstatement of benefits for discharged veterans, who
regardless of their discharge status, 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
those veterans.
Background
Prior to 1993, the United States military prohibited
homosexual conduct in its ranks and discharged service
members in violation of this policy. In 1993, a federal
law, colloquially termed "Don't Ask Don't Tell" (DADT), was
established, which allowed gay and lesbian members to serve
in the United States military as long as they hid their
sexual orientation and did not commit any "homosexual
acts." According to the Department of Defense, between
1980 and 2011, over 32,000 service members were discharged
from service on the basis of sexual orientation.
These discharged service members were separated from
military service under several degrees of service. In
cases in which the sole basis for discharge was homosexual
conduct, the characterization of service was "Honorable,"
"General (under Honorable Conditions)," or an entry-level
separation. However, many cases had misconduct issues
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associated with homosexual acts and resulted in a
characterization of "Other Than Honorable Conditions." If
a service member was discharged on the basis of homosexual
conduct, that reason would be noted on the discharge
document, which could stigmatize the veteran. The
characterization of service could then determine the level
of benefits the veteran would receive, and in most
characterizations of General under Honorable Conditions,
some, if not all, benefits, such as education, medical,
dental, burial, insurance, and other financial assistance,
if not all of the otherwise available benefits could be
denied.
On December 22, 2010, Congress enacted the Don't Ask, Don't
Tell Repeal Act of 2010, which required the Secretary of
Defense, Chair of the Joint Chiefs, and the President to
certify that the repeal would not hurt military readiness
or performance prior to the Act becoming operative. On
July 22, 2011, the President so certified the repeal of
DADT. On September 20, 2011, DADT was officially repealed.
This bill seeks to reinstate veterans' benefits for service
members discharged on the basis of sexual orientation.
Comments
According to the author, "Under certain circumstances,
veterans discharged with a "bad conduct" discharge based
solely on their sexual orientation, may be denied
California State Veterans benefits because of the status of
their discharges or based on a notation of their character
of service. This bill seeks to assist veterans by helping
them to find and utilize effective claims representation by
directing the Department of Veterans Affairs to provide
print and Internet resources provided by veterans' legal
services organizations. It also clarifies that if the
federal government reinstates benefits for these veterans,
the State of California shall do the same."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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Potentially minor costs to the DVA for posting the
information on its Web site, and to distribute
information provided by veterans organizations (General)
Unknown, potentially significant costs for reinstating
benefits (General)
SUPPORT : (Verified 8/17/12)
Equality California (co-source)
Sacramento Valley Veterans (co-source)
American Federation of State, County and Municipal
Employees, AFL-CIO
American Legion, Department of California
AMVETS, Department of California
Asian Americans for Civil Rights & Equality
Betty T. Yee, Board of Equalization member
California Communities United Institute
California State Commanders Veterans Council
Californians for Disability Rights, Inc.
National Association of Social Workers, California Chapter
Vietnam Veterans of America, California State Council
ASSEMBLY FLOOR : 54-6, 5/21/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Halderman, Hall,
Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Lara,
Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Nestande, Pan, V. Manuel Pérez, Portantino, Skinner,
Solorio, Swanson, Torres, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Donnelly, Beth Gaines, Grove, Hagman, Jones, Morrell
NO VOTE RECORDED: Achadjian, Bill Berryhill, Conway, Cook,
Fletcher, Garrick, Gorell, Harkey, Roger Hernández,
Knight, Logue, Mansoor, Miller, Nielsen, Norby, Olsen,
Perea, Silva, Smyth, Valadao
RM:dn 8/20/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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