BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 12, 2016


                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS


                                 Jacqui Irwin, 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


          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 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  








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          Distinguished Veterans Park Pass because their disability  
          occurred due to their service to this country.


          1)Policy in current code: The Distinguished Veteran pass program  
            recognizes the service of and sacrifices made by veterans.   
            The current legal structure for the pass creates a tiered  
            system, whereby a veteran's service, sacrifice, and disability  
            must meet certain thresholds in order for the veteran to be  
            eligible for the benefit.  Current code for example states  
            that service and resulting disability during a period of war  
            or conflict is required for the Distinguished Veteran Pass.  
            Combat service and wounds received in combat are reserved for  
            special honors in the United States military awards and  
            decorations hierarchies.  Thus there is a basis for  
            distinguishing veterans with these experiences from others.


            However, the current tiered system produces results that are  
            worthy of consideration, treating various veterans in  
            different ways, not all of which may been expected or desired.  
             This bill arises from one such situation.  Ultimately the  
            members may wish to consider whether or not it is good policy  
            to engage in any of the distinctions between veterans in this  
            context.


            A hypothetical illustrates some outcomes: Three Soldiers in  
            the line of duty receive the same wound to their respective  
            right arms and all three have the same resulting 70%  
            service-connected disability.  On completion of their service,  
            all three receive honorable discharges.   


             1)   Soldier Alpha was deployed to Afghanistan.  Soldier  
               Alpha's convoy was ambushed in an urban area and a  
               firefight ensued.  During the firefight Soldier Alpha  
               received the arm wound when an enemy rocket hit an adjacent  
               building causing an air-conditioning unit to fall off the  








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               building onto her arm.   Soldier Alpha is eligible for the  
               Pass and is the clear case contemplated by the statute as  
               meriting the Pass.  Alpha is veteran seriously injured in  
               combat during a conflict.


             2)   Soldier Bravo participated in a routine training  
               exercise at Fort Irwin, California during the conflict in  
               Afghanistan.  She received her arm wound when an air  
               conditioning unit fell on her arm as her unit was setting  
               up a large personnel tent.  Bravo was seriously injured  
               during a war or conflict.  However, that injury was not  
               connected to, arising from, or even geographically near a  
               war or conflict, yet Bravo is eligible for the Pass.  


             3)   Soldier Charlie participated in a routine training  
               exercise at Fort Irwin, California during a time when the  
               U.S. was not in a war or conflict.   She received her arm  
               wound when an air conditioning unit fell on her arm as her  
               unit was setting up a large personnel tent.  Soldier  
               Charlie is not eligible for the Pass, even though her facts  
               are nearly the same as Bravo's.


            The Pass program recognizes service and sacrifice.  All three  
            of the veterans served and were engaged in some activity under  
            orders, all three sacrificed, and all three have a lifetime  
            disability.  Without doubt the circumstances of Alpha's injury  
            during a firefight are much different than the other Soldiers'  
            injuries during training; enemies were trying to kill Alpha.   
            Explaining the different outcomes between Bravo and Charlie is  
            challenging, however.  Is the state of conflict important? Is  
            the location important? Are the circumstances of how the  
            injury happened important? Further, is the degree of  
            disability important?


            In the end all these permutations and analysis prompt a  








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            threshold question: In the context of this benefit to what  
            degree does the Legislature want to distinguish between  
            veterans and engage in these distinctions as a matter of  
            policy?


          1)Double-referral:  This bill is double-referred and was heard  
            by the Committee on Water, Parks, and Wildlife previously,  
            where it received a 15-0 vote.  


          2)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.









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          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


          Military Officers Association of America, California Council of  
          Chapters


          VFW, Department of California









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          Vietnam Veterans of America, California State Council




          Opposition


          None on File.




          Analysis Prepared by:Jenny Callison / V.A. / (916) 319-3550