BILL ANALYSIS Ó AB 1972 Page 1 ASSEMBLY THIRD READING AB 1972 (Chau) As Amended May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Water |15-0 |Levine, Gallagher, | | | | |Bigelow, Dababneh, | | | | |Dodd, Gordon, | | | | |Cristina Garcia, | | | | |Gomez, Harper, Lopez, | | | | |Mathis, Medina, | | | | |Olsen, Salas, | | | | |Williams | | | | | | | |----------------+-----+----------------------+--------------------| |Veterans |9-0 |Irwin, Chávez, | | |Affairs | |Achadjian, Alejo, | | | | |Brown, Daly, Frazier, | | | | |Mathis, Salas | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | AB 1972 Page 2 | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ 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. 3)Requires DPR, on or before January 1, 2019, to report in its proposed budget on the revenue losses associated with issuance of free veterans' passes under this bill. 4)States that it is the intent of the Legislature if, based on the report provided by DPR, revenue losses are determined to be significant under this bill, to consider alternative sources of funding to pay for the free park passes without harming DPR's operating budget. AB 1972 Page 3 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 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 an eligible Veteran as a former member of the United States Armed Services who has a 50% or greater service-connected disability, or 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: According to the Assembly Appropriations Committee: 1)Unknown revenue losses to DPR in the hundreds of thousands to low millions of dollars range. There are approximately 34,000 existing Distinguished Veteran AB 1972 Page 4 pass holders. DPR lost revenue from online reservations for calendar year 2015 were approximately $2 million. This includes about $200,000 in camping and cancellation fees DPR covers if the pass holder does not show for a reservation. This does not include walk-ins who are not captured separately from paying visitors. According to the Department of Veterans Affairs, as of 2014 there were 331,645 Veterans in California receiving monthly disability compensation. Nationally, it is estimated that about 18% of all service-disabled Veterans are peace time Veterans. Assuming this percentage is similar at the state level and Veterans receiving compensation have at least a 50% disability, this bill would increase eligibility by about 60,000 Veterans. If half of the newly eligible Veterans obtain a pass and average usage remains the same, this would increase revenue losses an additional $1.7 million. 2)Reporting costs are absorbable. 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 of war, or received the Congressional Medal of Honor, regardless of whether they served during war time. 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 AB 1972 Page 5 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. 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. To date, DPR under the current law has issued approximately 37,000 Distinguished Veteran park passes since the inception of the program. Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0003301 AB 1972 Page 6