BILL ANALYSIS Ó
AB 1972
Page 1
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