BILL ANALYSIS Ó AB 2085 Page 1 GOVERNOR'S VETO AB 2085 (Irwin) As Enrolled August 23, 2016 2/3 vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |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, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | AB 2085 Page 2 | | | | | | | | | | ------------------------------------------------------------------ -------------------------------------------------------------------- |ASSEMBLY: |77-0 |(June 2, 2016) |SENATE: |38-0 |(August 17, | | | | | | |2016) | | | | | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- SUMMARY: Creates the Office of Military Legal Assistance within the Military Department upon appropriation by the Legislature. Specifically, this bill: 1)Creates the Office of Military Legal Assistance in the Military Department. 2)Requires the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services. 3)States that the office may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and AB 2085 Page 3 landlord-tenant issues. 4)Predicates the bill's effect on appropriation of funds by the Legislature. 5)Contains a sunset clause. EXISTING FEDERAL LAW: Each armed service of the United States has a legal assistance program with a governing regulation promulgated by the service. FISCAL EFFECT: According to the Appropriations Committee: Cost in the $800,000 range for eight positions to serve any one of the 175,000 servicemembers in California. Nevada has an office under its Attorney General to provide service to active members and veterans; it is staffed with two positions to assist 16,000 active members and an unknown number of veterans. COMMENTS: According to the author: Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others. While some legal services are provided to servicemembers through their respective service's Judge Advocates General (JAG), there is a gap in service for a variety of legal issues, particularly AB 2085 Page 4 in civil law, because JAGs are prohibited from representing servicemembers in civilian court in almost all cases. The primary legal areas with which servicemembers require assistance include the Uniformed Services Employment and Reemployment Rights Act, the Servicemembers Civil Relief Act, family law, consumer fraud, property and landlord issues, naturalization and immigration, creditor and debtor issues, and predatory lending. Army Regulation AR 27-3 is a good example of the governing military legal assistance program regulation. AR 27-3 states in pertinent part: The mission of the legal assistance program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by - 1) Meeting their needs for information on personal legal matters. 2) Resolving their personal legal problems whenever possible. ? The mission of the legal assistance program is based on the following military needs: 1) Readiness. Because Active Army and Reserve Component (RC) soldiers and emergency-essential Department of Defense (DOD) civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. ... Possessing the capability to deliver legal assistance on short notice to great numbers during a brief period of time is essential to readiness. AB 2085 Page 5 2) Morale. Fostering the high morale of soldiers and their families is an important aspect of readiness. High morale is enhanced by providing soldiers and their families information, advice, and assistance responsive to their personal legal needs and problems. 3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure. 4) Quality force. Providing legal assistance is part of the Army's ongoing effort to maintain a quality of life that will attract quality people. The Army must take care of its own if it is to recruit and retain a quality force. Under AR 27-3 legal assistance may be provided for: Ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation, legal document filing, and pro se assistance. However, the regulation authorizes in court representation of clients only in very limited circumstances. Thus, in civilian court, it is very unlikely that a military member will have JAG representation. Related Legislation: In 2015, Nevada enacted SB 60, similar legislation to this bill, which created the Office of Military Legal Assistance in the Nevada Attorney General's Office. GOVERNOR'S VETO MESSAGE: This bill creates, upon appropriation by the Legislature and until July 1, 2022, the Office of Military Legal Assistance within the California Military Department to assist current service members who require legal assistance. AB 2085 Page 6 I believe this type of bill is more properly considered during budget deliberations. Analysis Prepared by: John Spangler / V.A. / (916) 319-3550 FN: 0005049