BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 112|
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                                   THIRD READING 


          Bill No:  SB 112
          Author:   Roth (D) 
          Amended:  1/13/16  
          Vote:     21  

           SENATE VETERANS AFFAIRS COMMITTEE:  5-0, 1/12/16
           AYES:  Nielsen, Hueso, Allen, Nguyen, Roth

           SUBJECT:   Veterans


          SOURCE:    Author


          DIGEST:  This bill establishes the California Veterans Bill of  
          Rights, which specifies certain rights for military veterans  
          residing in the State of California.


          ANALYSIS:   


          Existing federal law:


          1)Provides a broad range of benefits and services to qualified  
            military veterans and family members, primarily, but not  
            exclusively, through the United States Department of Veterans  
            Affairs (USDVA).

          2)Protects veterans from discrimination, on the basis of their  
            veteran status, by federal contractors, when making decisions  
            involving the hiring, firing, pay, benefits, job assignments,  
            promotions, layoffs, and training.









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          Existing state law:

          1)Provides certain positive benefits and services to qualified  
            military veterans, primarily, but not exclusively through the  
            California Department of Veterans Affairs (CalVet).

          2)Protects veterans from discrimination and harassment - on the  
            basis of their veteran status - in matters relating to  
            employment or housing.

          This bill:


          1)Makes findings and declarations regarding the size and needs  
            of California's military veteran population and the state's  
            obligation to express gratitude.

          2)Establishes the California Veterans' Bill of Rights, which,  
            provides that veterans in the State of California possess the  
            following rights:

             a)   To be treated with dignity and respect and to receive  
               courteous, timely service from CalVet and other state  
               agencies that deliver veterans programs.

             b)   To receive fair and equal treatment, irrespective of  
               rank, position, or status, and to be treated with tact,  
               comprehension, and understanding in their contacts with  
               government agencies or private entities that contract with  
               government to provides services to veterans.

             c)   To be involved in the decisions affecting their care and  
               the formulation of programs and benefits that affect their  
               daily lives.

             d)   For 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  








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               explanation of the approval or denial of their application  
               for benefits.

             f)   To be provided with equal benefits in any part of 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)   When housed in state or local veterans housing or  
               housing provided by private contractors receiving state  
               funds for housing veterans:

               i)     To adequate, safe, and reliable housing.
               ii)             To housing that provides adequate and  
                 appropriate mental health and transitional support  
                 services, including counseling, employment training, and  
                 substance abuse treatment.

             h)   To the education and job training required to secure  
               civilian employment.

             i)   To receive - free from the fear of retaliation or stigma  
               - the physical and mental health services they require as a  
               result of their service.

               i)     Provides that physical and mental health services  
                 shall not be negatively impacted or withheld from a  
                 person solely due to his or her veteran status.
               ii)             Provides that state and local mental health  
                 services shall not be negatively impacted or withheld  
                 solely due to his or her veteran status.

             j)   To receive 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.

          3)Provides:

             a)   That the above rights are not exhaustive, and nothing in  








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               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 California. When  
               applicable, veterans' spouses, domestic partners, and  
               dependents shall also be entitled to these rights.

          Background


          Veterans' benefits fall into two categories: direct services and  
          anti-discrimination provisions.

          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:

          1)Education & training (including the GI Bill)
          2)Vocational rehabilitation & employment
          3)Disability compensation & pension
          4)Health care
          5)Home loan guarantee
          6)Life insurance
          7)Burial in a veterans cemetery
          8)Military honors at burial

          Approximately 15 percent of California veterans receive federal  
          disability compensation and pension benefits.

          Other federal benefits flow through different federal agencies,  
          such as 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) 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  








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          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. 

          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:

            1)  Business license, tax and fee waiver
            2)  California college tuition fee waiver
            3)  Disabled veteran license plates
            4)  Disabled Veterans Business Enterprise (DVBE)  
              entrepreneurship opportunities
            5)  Employment and unemployment services
            6)  California farm and home loans
            7)  Fishing and hunting licenses
            8)  Motor vehicle registration fees waiver
            9)  Property tax exemptions
            10)                            State park and recreation  
              passes
            11)                            Residence in state veterans  
              homes
            12)                            Veterans preference in  
              California civil service exams
            13)                            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, including 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),









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          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  
          self-describes as follows:

             (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 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.


          Related/Prior Legislation
          
          1)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)AB 556 (Salas, Chapter 691, Statutes of 2013) prohibits  
            employment discrimination against all active duty military and  
            veterans of the Armed Services.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No








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          SUPPORT:   (Verified1/13/16)


          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


          OPPOSITION:   (Verified1/13/16)


          None received

          Prepared by:Wade Cooper Teasdale / V.A. / (916) 651-1503
          1/14/16 15:22:36


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