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 ----------------------------------------------------------------- |Author: |Chau | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 27, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Matthew Dumlao | | | | ----------------------------------------------------------------- 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, AB 1972 (Chau) Page 2 of ? 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 AB 1972 (Chau) Page 3 of ? 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 AB 1972 (Chau) Page 4 of ? 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. AB 1972 (Chau) Page 5 of ? 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 AB 1972 (Chau) Page 6 of ? None received. -- END --