BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: SB 112 Hearing Date: 1/12/16
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|Author: |Roth |
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|Version: |4/27/15 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Wade Cooper Teasdale |
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Subject: Veterans
DESCRIPTION
Summary:
Establishes the California Veterans' Bill of Rights, which
specifies certain rights for military veterans in California.
Existing law:
1)Federal:
a) Provides a broad range of positive benefits and
services to qualified military veterans (and family
members), primarily, but not exclusively, through the
United States Department of Veterans Affairs (USDVA).
b) Protects veterans from being discriminated against -
on the basis of their veteran status - by federal
contractors, when making decisions involving the
potential hiring, firing, pay, benefits, job assignments,
promotions, layoffs, training, and other
employment-related activities.
2)State:
a) Provides certain positive benefits and services to
qualified military veterans, primarily, but not
exclusively through the California Department of Veterans
Affairs (CalVet).
b) Protects veterans from discrimination and harassment
- on the basis of their veteran status - in matters
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relating to employment or housing.
This bill:
1)Generally, establishes the California Veterans' Bill of
Rights.
2)Finds and declares:
a) California has the highest veteran population of any
state in the union.
b) Veterans are deserving of our highest gratitude for
their selfless service and sacrifice.
c) To that end, it is necessary that the Legislature
establish a California Veterans' Bill of Rights.
1) Specifically, proclaims that veterans in the State of
California possess specified rights, including, among
others:
a) To be treated with dignity and respect and to
receive courteous, timely service from CalVet.
b) To receive fair and equal treatment, irrespective of
rank, position, or status, and shall be treated with
tact, comprehension, and understanding.
c) To be involved in the decisions affecting their care
and the formulation of programs and benefits that affect
their daily lives.
d) For both current and transitioning active duty
military service members who are likely to be California
veterans, to be informed of all programs and benefits for
which they are eligible.
e) To file an application for benefits at any time and
shall have the right to receive a written notice and
explanation of the approval or denial of their
application for benefits.
f) To be provided with equal benefits in any part of
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the state in which they, their spouses, domestic
partners, or their dependents reside. Geographical
location shall not determine the quality or level of
service or care provided.
g) To adequate, safe, and reliable housing.
h) To the education and job training required to secure
civilian employment.
i) To receive the physical and mental health services
they require as a result of their service. Veterans shall
have a right to receive these services free from fear of
retaliation or stigma. State and local mental health
services shall not be negatively impacted or withheld due
to veteran status.
j) To refuse services or benefits without fear of
retaliation or stigma. In that respect, no veteran shall
be compelled to decline services or benefits against his
or her will, and every reasonable effort shall be made to
connect veterans with the services and benefits to which
they are rightfully entitled.
1.Provides:
a) That the above rights are not exhaustive, and
nothing in these new provisions shall be construed to
limit the rights of veterans.
b) That these rights shall establish the minimum rights
every veteran shall enjoy as a resident of the State of
California. When applicable, veterans' spouses, domestic
partners, and dependents shall also be entitled to these
rights.
BACKGROUND
Generally, veterans' benefits fall into two categories: positive
benefits providing direct services and provisions that protect
veterans from discrimination on the basis of their status as a
veteran.
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Federal Benefits
Federal law provides a broad range of positive benefits and
services to qualified military veterans and family members,
primarily, but not exclusively through the USDVA, including:
" Education & training (including the GI Bill)
" Vocational rehabilitation & employment
" Disability compensation & pension
" Health care
" Home loan guarantee
" Life insurance
" Burial in a veterans cemetery
" Military honors at burial
Eligibility for most USDVA benefits is based upon discharge from
active military service under other than dishonorable
conditions. Active service means full-time service, other than
active duty for training, as a member of the Army, Navy, Air
Force, Marine Corps, Coast Guard, or as a commissioned officer
of the Public Health Service, Environmental Science Services
Administration or National Oceanic and Atmospheric
Administration, or its predecessor, the Coast and Geodetic
Survey.
Dishonorable and bad conduct discharges issued by general
courts-martial may bar USDVA benefits. Veterans in prison must
contact VA to determine eligibility. USDVA benefits will not be
provided to any Veteran or dependent wanted for an outstanding
felony warrant. Certain USDVA benefits require service during
specified periods of war.
Approximately 15 percent of California veterans receive federal
disability compensation and pension benefits.
Other federal benefits flow through different federal agencies,
such as the veterans job training and employment assistance
funds administered by the U.S. Department of Labor in
coordination with state employment development departments.
Federal Law Prohibiting Discrimination
The Office of Federal Contract Compliance Programs (OFCCP)
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enforces the affirmative action provisions of the Vietnam Era
Veterans' Readjustment Assistance Act of 1974 [38 U.S. Code
§4212(a)(2)(A)].
Sometimes referred to as VEVRAA or Section 4212, this law
requires employers doing business with the federal government to
take steps to recruit, hire and promote protected veterans. It
also makes it illegal for these companies to discriminate
against protected veterans when making employment decisions on
hiring, firing, pay, benefits, job assignments, promotions,
layoffs, training, and other employment related activities.
Under Section 4212, a "protected veteran" falls into one of the
following categories:
1)Disabled Veteran: A veteran who served on active duty in the
U.S. military and is entitled to disability compensation (or
who but for the receipt of military retired pay would be
entitled to disability compensation) under laws administered
by the Secretary of Veterans Affairs, or was discharged or
released from active duty because of a service-connected
disability.
2)Other Protected Veteran: A veteran who served on active duty
in the U.S. military during a war, or in a campaign or
expedition for which a campaign badge was authorized under the
laws administered by the Department of Defense.
3)Recently Separated Veteran: A veteran separated during the
three-year period beginning on the date of the veteran's
discharge or release from active duty in the U.S. military.
4)Armed Forces Service Medal Veteran: A veteran who, while
serving on active duty in the U.S. military, participated in a
U.S. military operation that received an Armed Forces service
medal.
State Benefits
The State of California helps veterans acquire their federal
benefits, primarily through the assistance of county veterans
service officers.
California also provides direct services to veterans, such as:
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" Business license, tax and fee waiver
" California college tuition fee waiver
" Disabled veteran license plates
" Disabled Veterans Business Enterprise (DVBE)
entrepreneurship opportunities
" Employment and unemployment services
" California farm and home loans
" Fishing and hunting licenses
" Motor vehicle registration fees waiver
" Property tax exemptions
" State park and recreation passes
" Residence in state veterans homes
" Veterans preference in California civil service exams
" Property tax exemptions
State Law Prohibiting Discrimination.
The California Department of Fair Employment and Housing (DFEH)
enforces laws that protect employees from illegal discrimination
and harassment in employment based on specified personal
characteristics, whether actual or perceived, one of which is
military or veteran status.
Most of the relevant law is found in the California Fair
Employment and Housing Act (Government Code sections 12900
through 12996) and its implementing regulations (California Code
of Regulations, title 2, sections 7285.0 through 8504),
Other Veterans' Bills of Rights
The State of Massachusetts established a "Veterans Bill of
Rights" that frames the provision of services by that state's
Department of Veterans' Services. The document essentially is a
restated collection of preexisting rights, benefits, and
protections established elsewhere in statute and state
regulation.
Canada has a national Veterans Bill of Rights, which states:
(I)s an expression of the rights Veterans have long
identified as important. It is a comprehensive declaration
of rights for all war-service Veterans, Veterans and
serving members of the Canadian Forces (Regular and
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Reserve), members and former members of the Royal Canadian
Mounted Police, spouses, common-law partners, survivors and
primary caregivers, other eligible dependents and family
members, and other eligible clients.
The Canadian Veterans Bill of Rights was developed in
consultation with veterans' stakeholder organizations and sets
out the rights of veterans and clients in accessing programs and
services from Veterans Affairs Canada.
COMMENT
1)Related Legislation
AB 556 (Salas, Chapter 691, Statutes of 2013) prohibits
employment discrimination against all active duty military and
veterans of the Armed Services.
AJR 38 (Salas, Resolution Chapter 99, Statutes of 2014)
Requests the Congress to pass and the President to sign Senate
Bill 1281 and House Resolution 2654, related to veterans and
military servicemembers employment and housing rights, and
encourages the members of the California Congressional
Delegation to join as coauthors on those measures.
2)Author's Amendments
The author's office has indicated the author's intention to
present amendments to the committee during the hearing, which
would modify the existing bill as follows:
a) Adds findings and declarations
1. California's veteran population faces
disproportionately high levels of homelessness and
unemployment. Many veterans suffer from the effects of
combat injuries. Many others suffer from combat related
psychological trauma that manifests itself in mental
health disorders .
2. "(V)eterans are deserving of our highest gratitude
for their selfless service and sacrifice, and are
further deserving of the utmost treatment and care upon
returning home. Upon discharge, the initial period of
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transition to civilian life is critical to successful
reintegration, and identifying active duty military
service members who are transitioning to civilian life in
California is important to actively increasing the
standard of living for current and future veterans in
need of assistance ."
b) Clarifies that veterans have "the right to courteous,
timely service from all state agencies that provide
services to veteran populations. Veterans shall have the
right to be treated with dignity and line 19 respect and to
receive accurate, courteous, and timely service in all of
their contacts with the Department of Veterans Affairs and
any other state agency that administers programs that
serves veterans ."
c) Clarifies that veterans have the right to receive fair
and equal treatment, irrespective of rank, position, or
status, and shall be treated with tact, comprehension, and
understanding in their contacts with government agencies,
or private entities contracted with government entities to
provide services to veteran populations .
d) Expands and clarifies the "housing right" to read:
1) When housed in state or local veterans housing or
housing provided by private groups contracting to receive
state funds for housing veterans , veterans shall have the
right to adequate, safe, and reliable housing.
2) Veterans shall have the right to housing that
provides adequate and appropriate mental health and
transitional support services, including counseling,
employment training, and substance abuse treatment .
a) With regard to the right to health services:
a. Adds that " Physical and mental health services
shall not be negatively impacted or withheld from a
person due solely to his or her veteran status ."
b. Clarifies that "(s)tate and local mental
health services shall not be negatively impacted or
withheld from a person due to his or her veteran
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status."
b) Modifies existing language as follows:
"Veterans shall have the right to refuse receive services
or benefits without fear of retaliation or stigma."
POSITIONS
Sponsor: Author.
Support:
American Legion - Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California State Commanders Veteran Council
Military Officers Association of America - California Council of
Chapters
Veterans of Foreign Wars - Department of California
Vietnam Veterans of American - California State Council
Oppose: None on file.
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