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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