BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 112| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 112 Page 2 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 SB 112 Page 3 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 SB 112 Page 4 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 SB 112 Page 5 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), SB 112 Page 6 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 SB 112 Page 7 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 **** END ****