SB 56, as introduced, Knight. Veterans: benefits.
Existing law defines “veteran” for the purposes of the various programs bestowing benefits upon veterans.
This bill would make technical, nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 980 of the Military and Veterans Code
2 is amended to read:
(a) As used in this chapter, “veteran” means any of the
4following:
5(1) Any citizen of the United States who served in the active
6military, naval, or air service of the United States on or after April
76, 1917, and prior to November 12, 1918, and who received an
8honorable discharge or was released from active duty under
9honorable conditions.
10(2) Any person who did all of the following:
11(A) Served in the active military, naval, or air service of the
12United States for a period of not less than 90 consecutive days or
P2 1was discharged from the service due to a service-connected
2disability within that 90-day
period.
3(B) Received an honorable discharge or was released from active
4duty under honorable conditions.
5(C) Performed any portion of that service during any of the
6following periods:
7(i) On or after December 7, 1941, and prior to January 1, 1947,
8including, but not limited to, members of the Philippine
9Commonwealth Army, the Regular Scouts (“Old Scouts”), and
10the Special Philippine Scouts (“New Scouts”).
11(ii) On or after June 27, 1950, and prior to February 1, 1955.
12(iii) On or after February 28, 1961, and prior to August 5, 1964,
13in the case of a veteran who served in the Republic of Vietnam
14during that period.
15(iv) On or after August 5, 1964, and prior to May 8, 1975.
16(v) On or after August 2, 1990, to and including the date on
17which the territories in and around the Arabian Peninsula cease to
18be designated as a place where the armed forces of the United
19States are engaged in combat, as described in Executive Order
2012744 of the President of the United States. It is the intent of the
21Legislature, in enacting this clause, that the benefits provided by
22this chapter shall be available to all veterans who were on active
23duty in the armed forces of the United States or who were called
24to active duty in the reserves or National Guard during the
25pendency of the deployment of forces for Operation Desert Shield
26or Desert Storm, which resulted in Executive Order 12744,
27irrespective of whether these veterans served overseas or in the
28United States.
29(vi) At any time, in a campaign or expedition for service in
30
which a medal has been authorized by the government of the
31United States, regardless of the number of days served on active
32duty.
33(vii) At any time in Somalia, or in direct support of the troops
34in Somalia, including, but not limited to, persons stationed on ships
35of the United States armed forces conducting support activities
36offshore in the vicinity of Somalia, during Operation Restore Hope,
37regardless of the number of days served.
38(3) Any member of the reserves or National Guard who does
39all the following:
P3 1(A) Is called to, and released from, active duty or active service,
2regardless of the number of days served.
3(B) Is called during any period when a presidential executive
4order specifies the United States is engaged in combat or homeland
5
defense.
6(C) Has received an honorable discharge or was released from
7active duty or active service under honorable conditions.
8(4) Any person who did all of the following:
9(A) Served in the Merchant Marine Service of the United States.
10(B) Has been granted veteran status by the United States
11Secretary of Defense under Title IV of the GI Improvement Act
12of 1977 (Public Law 95-202, as amended).
13(5) Any person who qualifies under federal laws for revenue
14bond or unrestricted funds (26 U.S.C. Sec. 143) and did all of the
15following:
16(A) Served in the active military, naval, or air service of the
17United States for a period of not
less than 90 consecutive days.
18(B) Received an honorable discharge or was released from active
19duty or active service under honorable conditions.
20(6) Any person who qualifies for funds made available from a
21qualified mortgage revenue bond issued pursuant to 26 U.S.C.
22Section 143 and is, at the time of application for Cal-Vet benefits,
23a member of the California National Guard or a reserve component
24of any branch of the United States armed forces who has enlisted
25or been commissioned in that service for a period of not less that
26six years and has completed a minimum of one year of satisfactory
27service.
28(b) For purposes of this chapterbegin insert,end insert
“veteran”begin delete doesend deletebegin insert shallend insert not include
29any of the following:
30(1) A person who was separated from the armed forces under
31other than honorable conditions.
32(2) A person who was separated from the armed forces on
33account of alienage.
34(3) A person who performed no military duty whatever or
35refused to wear the uniform.
36(4) A person who served only in an auxiliary or reserve
37component of the armed forces whose service therein did not
38provide an exemption from the operation of the Selective Training
39and Service Act of 1940 (54 Stat. 885, as amended).
P4 1(5) A person whose service with the armed forces was due to
2temporary active duty orders for the sole purpose of training duty,
3processing, or a physical examination, except as provided for in
4paragraph (6) of subdivision (a).
5(6) A person whose only service was as a student at a military
6academy and who, for any reason, failed to complete the course
7of study and subsequently did not serve on active duty.
8(c) For purposes of this section, “active duty” or “active service”
9is defined as provided in 10 U.S.C. Section 101(d).
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