BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1972 Hearing Date: June 28,
2016
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|Author: |Chau | | |
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|Version: |May 27, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Matthew Dumlao |
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Subject: Veterans: state park passes
BACKGROUND AND EXISTING LAW
The California State Park system consists of 280 state parks,
state natural reserves, state historic monuments, state beaches,
and other units representing the state's diverse natural,
cultural, recreational and historic resources. The units are
managed by the Department of Parks and Recreation (DPR).
Under existing law, DPR is required to issue a free park pass to
honorably discharged veterans of a war who are residents of
California with a 50% or greater service-connected disability,
or were held as prisoners of war by forces hostile to the United
States, or recipients of the Medal of Honor (Public Resources
Code (PRC) §5011.5). All individuals applying for this pass are
required to submit proof that they meet one of the criteria
listed above. The free park pass entitles the holder to use all
the basic facilities, including day use, camping and boating, at
no charge. The pass is not valid for group use or group camp
sites, special events, commercial use, additional/extra vehicle
fees, or for supplemental fees. DPR calls this pass the
"Distinguished Veteran Pass."
Existing law 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,
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and ending upon the termination of hostilities as proclaimed by
the President of the United States.
DPR is authorized to provide free or reduced-fee day use access
to state parks on Memorial Day or Veterans Day to veterans and
active duty or reserve military personnel for the United States
Armed Forces or the National Guard (PRC §5011.6, pursuant to AB
150 (Olsen, Chapter 688, Statutes of 2013).
In addition to the no fee pass for certain veterans, existing
law requires DPR to offer a reduced-fee ($5) pass for
individuals receiving Supplemental Security Income (SSI), any
person receiving aid under the applicable aid codes in the
CalWORKS Program, or any person 62 years of age or older with
income limitations. This pass, called the Golden Bear Pass,
permits free entry into most California State Parks where
vehicle day use fees are collected.
DPR also offers the Disabled Discount Pass to persons with
permanent disabilities, as specified. This lifetime pass
entitles its bearer to a 50 percent discount for vehicle day
use, family camping, and boat use fees. It is not valid for
group camp sites, extra vehicle fees, oversized vehicle fees,
per-person entry fees, or supplemental fees. The pass has a
one-time fee of $3.50.
PROPOSED LAW
This bill would strike the current criterion that limits
eligibility to receive a free park pass to veterans of a war in
which the United States has been or may be engaged. This change
would extend the eligibility for the free veteran state park
pass to veterans of the United States Armed Services who have a
50 percent or greater service-connected disability and did not
serve during war time. The level of disability is determined by
the United State Department of Veteran Affairs.
This bill would also require DPR to report in its proposed
budget on the revenue losses associated with the issuance of
free passes to veterans. If losses are significant, this bill
states that it is the intent of the Legislature to consider
alternative sources of funding to pay for the free park passes
without harming DPR's operating budget.
ARGUMENTS IN SUPPORT
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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 Distinguished Veterans Park Pass because their
disability occurred due to their service to this country.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Who is impacted by this change?
This bill would make any veteran of the United States Armed
Services who meets the 50 percent service-connected disability
eligible for the free veteran state park pass (i.e., the
Distinguished Veteran Pass), regardless of whether they received
their injury during combat or peace time operations. For
example, individuals injured during peace time training
operations would be eligible if the bill passes.
The question at the heart of this bill is: Does the Legislature
wish to distinguish between injuries that occurred during
periods with active military operations from injuries that
occurred during peace time? There is precedent for this
distinction. Through their awards and decorations, the United
States military draws a distinction between combat and
non-combat injuries. That said, under current law the details
of the circumstances of a veteran's injury are just as important
as the injury itself.
Furthermore, the nature of war and combat operations is evolving
and there is no longer such a clear distinction between times of
war and peace. Under the existing law describing the
Distinguished Veteran Pass, "war" is defined as either a formal
declaration from Congress or active military operations that
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continue until a formal announcement indicating the termination
of hostilities by the President of the United States. It seems
unlikely that in an age of a "war on terrorism" and conflicts
with non-state actors, the President will issue a formal
announcement declaring an end to hostilities.
Fiscal impact of the bill:
This bill contains a provision that requires DPR to report
revenue losses associated with the issuance of free passes to
veterans. It also declares that the Legislature will try to find
alternative sources of funding if revenue losses are
significant.
According to the Assembly Appropriations Committee, the fiscal
impact could range from the hundreds of thousands to the low
millions of dollars.
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 DPR costs an
additional $1.7 million.
Recent related legislation:
AB 1844 (Gallagher) of 2016 would require the Department of Fish
and Wildlife to reduce the fee by 25 percent for lifetime
hunting and sport fishing licenses for all veterans of the
United States Armed Services. AB 1844 is pending in this
committee.
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.
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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, authorizes 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.
SB 1287 (Harman), Chapter 409, Statutes of 2012, provides for
reduced fee sport fishing licenses to active military personnel
who are recovering service members, as defined.
SB 1288 (Harman), Chapter 410, Statutes of 2012 provides for the
reduced fee hunting license for military personnel who are
recovering service members, as defined.
AB 257 (Anderso), Chapter 129, Statutes of 2007), eliminated the
$3.50 fee for the Distinguished Veteran Pass.
AB 1387 (Runner) of 2007 would have required DPR to create a
state parks pass, as provided, for members of the California
National Guard, to use at parking facilities located within any
unit of the state park system, as specified.
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
Vietnam Veterans of America-California State Council
Three individuals
OPPOSITION
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None received.
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