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 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 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 AB 1972 Page 3 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 AB 1972 Page 4 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 AB 1972 Page 5 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. AB 1972 Page 6 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 AB 1972 Page 7 Vietnam Veterans of America, California State Council Opposition None on File. Analysis Prepared by:Jenny Callison / V.A. / (916) 319-3550