BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 112|
|Office of Senate Floor Analyses | |
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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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