Amended in Senate April 27, 2015

Senate BillNo. 112


Introduced by Senator Roth

January 12, 2015


An act tobegin delete amend Section 713end deletebegin insert add Chapter 6 (commencing with Section 1860) to Division 8end insert of the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

SB 112, as amended, Roth. begin deleteDepartment of Veterans Affairs: use of real property. end deletebegin insertVeterans.end insert

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Existing law establishes within state government a Department of Veterans Affairs. Existing law provides for a variety of state benefits to veterans, including those relating to educational assistance and farm and home purchases, as specified.

end insert
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This bill would establish a California Veterans’ Bill of Rights. The bill would proclaim the rights of veterans in the State of California, including, among others, that veterans have the right to be treated with dignity and respect, and have the right to housing, education, job training, and physical and mental health services, as prescribed.

end insert
begin delete

Existing law requires the Department of Veterans Affairs, by July 1, 2016, to create a prioritized list of unused or underutilized nonresidential real property owned by the department, and to propose one or more potential uses that will benefit California veterans, as specified.

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This bill would make a technical, nonsubstantive change to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature hereby finds and declares all of
2the following:end insert

begin insert

3(a) California has the highest veteran population of any state
4in the union.

end insert
begin insert

5(b) Veterans are deserving of our highest gratitude for their
6selfless service and sacrifice.

end insert
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7(c) To that end, it is necessary that the Legislature establish a
8California Veterans’ Bill of Rights.

end insert
9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertChapter 6 (commencing with Section 1860) is added
10to Division 8 of the end insert
begin insertMilitary and Veterans Codeend insertbegin insert, to read:end insert

begin insert

11 

12Chapter  begin insert6.end insert California Veterans’ Bill of Rights
13

 

14

begin insert1860.end insert  

There is hereby established a California Veterans’ Bill
15of Rights, as set forth in this chapter.

16

begin insert1862.end insert  

Veterans in the State of California shall have all of the
17following rights:

18(a) Veterans shall have the right to be treated with dignity and
19respect and to receive accurate, courteous, and timely service in
20all of their contacts with the Department of Veterans Affairs.

21(b) Veterans shall have the right to receive fair and equal
22treatment, irrespective of rank, position, or status, and shall be
23treated with tact, comprehension, and understanding.

24(c) Veterans shall have the right to be involved in the decisions
25affecting their care and the formulation of programs and benefits
26that affect their daily lives.

27(d) Veterans, both current and transitioning active duty military
28service members who are likely to be California veterans, shall
29have the right to be informed of all programs and benefits for
30which they are eligible.

31(e) Veterans shall have the right to file an application for
32benefits at any time and shall have the right to receive a written
33notice and explanation of the approval or denial of their
34application for benefits.

35(f) Veterans shall have the right to be provided with equal
36benefits in any part of the state in which they, their spouses,
37domestic partners, or their dependents reside. Geographical
P3    1location shall not determine the quality or level of service or care
2provided.

3(g) Veterans shall have the right to adequate, safe, and reliable
4housing.

5(h) Veterans shall have the right to the education and job
6training they require to secure gainful civilian employment.

7(i) Veterans shall have the right to receive the physical and
8mental health services they require as a result of their service.
9Veterans shall have a right to receive these services free from fear
10of retaliation or stigma. State and local mental health services
11shall not be negatively impacted or withheld due to veteran status.

12(j) Veterans shall have the right to refuse services or benefits
13without fear of retaliation or stigma. In that respect, no veteran
14shall be compelled to decline services or benefits against his or
15her will, and every reasonable effort shall be made to connect
16veterans with the services and benefits to which they are rightfully
17entitled.

18

begin insert1864.end insert  

The rights prescribed pursuant to this chapter are not
19exhaustive, and nothing in this chapter shall be construed to limit
20the rights of veterans. Instead, the rights prescribed pursuant to
21this chapter shall establish the minimum rights every veteran shall
22enjoy as a resident of the State of California. When applicable,
23veterans’ spouses, domestic partners, and dependents shall also
24be entitled to these rights.

end insert
begin delete
25

SECTION 1.  

Section 713 of the Military and Veterans Code
26 is amended to read:

27

713.  

(a) By July 1, 2016, the department shall do both of the
28following:

29(1) Create a list of unused or underutilized nonresidential real
30property owned by the department, including property on or near
31the premises of existing department facilities.

32(2) Propose one or more potential uses of those properties that
33will benefit California veterans and make a preferred
34recommendation for use of each property, and in doing so, consider
35uses including, but not limited to, the following services for
36veterans:

37(A) Housing.

38(B) Supportive services.

39(C) Health care and mental health care.

P4    1(b) When identifying the unused or underutilized nonresidential
2real properties, the department shall consider its inventory of
3properties as an integrated system, and shall address how
4prospective uses of the properties could complement each other.

5(c) The list of options shall be structured as a prioritized list of
6projects determined by the department to constitute appropriate
7uses for the properties identified in the list.

8(d) The Legislature finds and declares that after a use option
9for a given location is identified pursuant to this section, further
10study and evaluation may be necessary in order to fully determine
11the feasibility of that use option and take steps toward its
12implementation.

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