BILL ANALYSIS �
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THIRD READING
Bill No: AJR 44
Author: Bloom (D), et al.
Amended: 6/19/14 in Assembly
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 8/12/14
AYES: Hueso, Knight, Block, Correa, Lieu, Nielsen, Roth
ASSEMBLY FLOOR : 59-0, 6/19/14 - See last page for vote
SUBJECT : Veterans benefits
SOURCE : Author
DIGEST : This resolution urges the Department of Defense,
Congress, and the President to create a more efficient process
of upgrading the status of those who were "dishonorably" or
other than honorably discharged from the Armed Forces of the
United States, and to provide benefits, including applicable
spousal benefits, to those veterans discharged solely on the
basis of their sexual orientation.
ANALYSIS : Existing federal law:
1.Provides a broad range of benefits and services to eligible
veterans of the U.S. Armed Forces, delivered primarily through
the U.S. Department of Veterans Affairs, but also through
other federal and some state agencies.
2.(Repealed in 2011) "Don't Ask, Don't Tell, Don't Harass"
CONTINUED
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(DADT) which prohibited military personnel from discriminating
against or harassing closeted homosexual or bisexual military
service members or applicants, while barring openly gay,
lesbian, or bisexual persons from service in the U.S. Armed
Forces.
Existing state law:
1.Provides a modest array of benefits and services to veterans
of the U.S. Armed Forces, delivered primarily through the
California Department of Veterans Affairs, but also through
other state agencies.
2.Establishes and funds a system for assisting veterans in
applying for and managing their federal and state veterans
benefits, which includes federal claims representation by
county veterans service officers.
This resolution urges the Department of Defense, Congress, and
President:
1.To create a more efficient process of upgrading the status of
persons, who were "dishonorably" or other than honorably
discharged from the Armed Forces of the United States.
2.To provide benefits, including applicable spousal benefits, to
those veterans discharged solely on the basis of their sexual
orientation.
Background
Military Discharges Based on Sexual Orientation . Between World
War II and the September 2011 repeal of DADT, approximately
114,000 American military service members were discharged due to
actual or alleged violations of official military restrictions
on sexual orientation. Many of these individuals, depending
upon their particular discharge classifications and the states
in which they lived, were treated as felons and precluded from
voting, collecting unemployment benefits, and qualifying for
federal veterans' benefits, such as U.S. Department of Veterans
Affairs health care and disability compensation.
In late 2011 President Obama lifted the longstanding ban on
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openly gay men, lesbians and bisexuals serving in the U.S.
military. Individuals who join the military after that policy
change may serve openly without discrimination based on sexual
orientation.
However, this change was made prospective only for the currently
serving military; it did not address the veteran status of
individuals discharged prior to the end of DADT. If these
persons were ineligible for veterans benefits prior to the 2011
change in military policy, they were still ineligible.
California offers a number of state-level benefits to military
veterans, but eligibility for these state benefits is premised
on the individual having achieved the veteran status awarded by
the federal government. In 2012, the Legislature enacted AB
1505 (Pan, Chapter 397, Statutes of 2012) which provided that,
if the federal government acts to reinstate federal veterans
benefits to those previously discharged LGBT service members,
then the State of California also shall reinstate any
state-offered benefits to them.
In the 113th Congress (2013-14), federal legislation, "The
Restore Honor to Service Members Act," S. 1956 and H.R. 2839,
was introduced into both houses that would ensure that the
service records of gay, lesbian and bisexual troops discharged
due to sexual orientation would receive a "timely, consistent
and transparent" review, and those confirmed to have served
honorably would see their records upgraded. A successful
upgrade would open the door to restoration of veterans benefits.
Neither the Senate nor House bill has made significant progress
through the congressional legislative process.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 8/12/14)
American Legion - Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America - California Council of
Chapters
Veterans Caucus of the California Democratic Party
Veterans of Foreign Wars - Department of California
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Vietnam Veterans of America - California State Council
ASSEMBLY FLOOR : 59-0, 6/19/14
AYES: Achadjian, Alejo, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Ch�vez,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Hall,
Roger Hern�ndez, Holden, Jones-Sawyer, Levine, Logue,
Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian,
Pan, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Allen, Ammiano, Bigelow, Conway, Dahle,
Donnelly, Beth Gaines, Gray, Grove, Hagman, Harkey, Jones,
Linder, Mansoor, Melendez, Nestande, Olsen, Patterson, Wagner,
Waldron, Vacancy
AL:nl 8/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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