BILL ANALYSIS Ó AB 1972 Page 1 Date of Hearing: March 29, 2016 ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE Marc Levine, Chair AB 1972 (Chau) - As Introduced February 16, 2016 SUBJECT: Veterans: state park passes SUMMARY: Requires the Department of Parks & Recreation (DPR) to issue a park pass for free use of all state park facilities to any Veteran of the United States Armed Forces who has a disability, was a prisoner of war, or received a Congressional Medal of Honor, and was honorably discharged, regardless of whether they served during war or peace time. Specifically, this bill: 1)Strikes the current criteria which limit eligibility to receive a free park pass to Veterans of a war in which the United States has been or may be engaged. 2)Clarifies the definitions of disability, prisoner of war, and Veteran for these purposes, and strikes the definition of war which would no longer be applicable. EXISTING LAW: 1)Requires DPR to issue a park pass for free use of all state park facilities to a Veteran of a war in which the United AB 1972 Page 2 States has been or may be engaged, who is a resident of this state, upon presentation to DPR of proof of disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge. 2)Defines a Veteran as a former member of the United States Armed Services who has a 50% or greater service-connected disability, was held as a prisoner of war by forces hostile to the United States, and who was honorably discharged. Defines war to mean a period of time commencing when Congress declares war or when the United States Armed Forces are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States. 3)Authorizes DPR to provide free or reduced-fee day use access to state parks to Veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard on Memorial Day and Veterans Day. FISCAL EFFECT: Unknown COMMENTS: This bill broadens eligibility for free Veteran state park passes by extending the benefit to all veterans of the United States Armed Services who have a disability, were held as a prisoner or war, or received the Congressional Medal of Honor, regardless of whether they served during war time. 1)Author's Statement: The author has introduced this bill to allow disabled Veterans to receive a Distinguished Veteran pass that allows them free entry into the state park system, regardless of whether or not they served during a war or conflict recognized by the United States Department of Veterans Affairs. Veterans who served during peace time and AB 1972 Page 3 have a 50% or greater service connected disability are currently ineligible for the Distinguished Veterans Park Pass. These can include Veterans who become disabled because of vehicle accidents, ammunition accidents, or other accidents during training exercises. The author asserts that Veterans who become disabled, regardless of whether the disability occurs during a war or a training exercise should be eligible for the Distinguished Veterans Park Pass because their disability only occurred due to their service to this country. 2)Background: DPR currently offers a free Distinguished Veterans state park pass to Veterans who have served during war time and have a 50% disability, were a prisoner of war, or are a recipient of a Congressional Medal of Honor. The pass is not available to Veterans who only served during peace time. Background information provided by the author's office includes an example of a Veteran who served during the 1980s and has a service-connected disability, but was ineligible for the pass because, although there were military operations in Grenada and Honduras during his time of service, those operations were not recognized by the United States Department of Veterans Affairs as official wars. The author of this bill asserts that all Veterans with a service-connected disability should be entitled to receive a Distinguished Veterans park pass, regardless of whether their service-connected disability occurred during war time or a training exercise, because their disability only occurred due to their service to this country. According to the Department of Veterans Affairs, as of 2014 there were 331,645 Veterans in California receiving monthly disability compensation. It is not known how many of these are war-time Veterans. Nationally, it is estimated that about 18% of all service-disabled Veterans are peace time Veterans. Assuming this statistic holds true for California as well, this bill would increase the number of Veterans eligible for the state park Distinguished Veterans pass by around 60,000 AB 1972 Page 4 persons. To date, DPR under the current law has issued approximately 37,000 Distinguished Veteran park passes since the inception of the program. 3)Double-referral: This bill is double-referred to the Assembly Committee on Veterans Affairs which is scheduled to hear this bill next. 4)Prior and related legislation: AB 240 (Wilk) of 2015 would have required DPR to issue a park pass allowing free day use entry to all units of the state park system to a person with a registered vehicle that has been issued specialized license plates by the Department of Motor Vehicles under the Pearl Harbor Survivor, Legion of Valor, former prisoner-of-war, Congressional Medal of Honor, Purple Heart Veteran, or Gold Star Family license plate programs. AB 240 passed this committee but was held in Senate Appropriations. AB 315 (Assembly Committee on Veterans Affairs) of 2014 proposed to add Purple Heart recipients to the list of Veterans eligible to receive a free state park Distinguished Veterans' pass. AB 315 passed this committee but was held in the Senate Appropriations Committee. AB 150 (Olsen), Chapter 688, Statutes of 2013, authorized DPR to offer reduced-fee or free day use to state parks to Veterans or active duty or reserve military personnel of the United States Armed Forces or the National Guard on Memorial Day and Veterans Day. AB 1844 (Gallagher) would require the DFW to make reduced-fee hunting and sport fishing licenses and cards available to all Veterans of the Armed Services. AB 1844 is also pending in this committee. 5)Support Arguments: Supporters urge that all disabled Veterans with a 50% or more service-connected disability should be AB 1972 Page 5 acknowledged for their service to the country by being eligible to receive a Distinguished Veterans state park pass, regardless of whether their service-connected disability occurred during war or peace time exercises. Supporters also emphasize this bill will be a morale booster for Veterans. 6)Opposition Arguments: None received. REGISTERED SUPPORT / OPPOSITION: Support American G.I. Forum of California American Legion, Department of California American Legion, Department of California, Chinatown Post 628 AMVETS-Department of California California Association of County Veterans Service Officers California State Commanders Veterans Council California State Parks Foundation Chinese American Military Support AB 1972 Page 6 Military Officers Association of America, California Council of Chapters VFW, Department of California Vietnam Veterans of America, California State Council Opposition None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096