BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1972


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          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  








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            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  








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            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  








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            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  








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            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









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          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