BILL ANALYSIS �
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Ben Hueso, Chair
BILL NO: AB 151 HEARING DATE: 7/9/13
AUTHOR: Olsen
VERSION: 6/19/13
FISCAL: No
VOTE: Majority
SUBJECT
Local government: disabled veterans: assistance.
DESCRIPTION
Existing law:
Authorizes a county board of supervisors to grant financial
assistance, relief, and support (as specified) to indigent
veterans.
This bill:
Authorizes a county board of supervisors to grant financial
assistance, relief, and support to a disabled veteran (as
defined).
BACKGROUND
State veterans benefits
Although most veterans benefits are provided by the federal
government, California offers several programs to support
veterans. A partial list includes:
Waiver of college tuition fees for veterans' dependents
at community colleges, the CSU and UC system.
Free "DV" handicap parking license plates for qualified
veterans.
Waiver of municipal, county and state business license
fees and taxes for veterans for specified business
activities.
Disabled Veteran Business Enterprise (DVBE) Program,
Preference in civil service examinations.
Local government assistance to indigent veterans
Existing law allows county boards of supervisors to provide
financial assistance to indigent veterans. More specifically,
Military and Veterans (MilVets) Code Section 921 provides that:
"The board of supervisors of any county may grant financial
assistance, relief, and support to indigent veterans. Such
assistance, relief, and support shall be administered through
and by any military, naval, or marine organization created for
the purpose of aiding, relieving and supporting such veterans
under the terms and conditions set forth in this article."
The above MilVets �921 provision applies to an indigent person
who qualifies as a veteran, as defined (in preceding �920) as:
" . . . (A) person who has been honorably discharged from the
United States Army, United States Navy, United States Air
Force, United States Marine Corps, United States Coast Guard,
the Merchant Marine, or the American Red Cross, and who has
served in any war."
Similar programs for disabled veterans
The U.S. Department of Veterans Affairs (VA) provides federal
grants to military servicemembers and veterans with certain
permanent and total service-connected disabilities to help
purchase or construct an adapted home, or modify an existing
home to accommodate a disability. Two grant programs exist: the
Specially Adapted Housing (SAH) grant and the Special Housing
Adaptation (SHA) grant.
Specially Adapted Housing (SAH) Grant
SAH grants help veterans with certain service-connected
disabilities live independently in a barrier-free
environment. SAH grants can be used in one of the following
ways:
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- Construct a specially adapted home on land to be
acquired
- Build a home on land already owned if it is suitable
for specially adapted housing
- Remodel an existing home if it can be made suitable
for specially adapted housing
- Apply the grant against the unpaid principal
mortgage balance of an adapted home already acquired
without the assistance of a VA grant
Special Housing Adaptation (SHA) Grant
SHA grants help veterans with certain service-connected
disabilities adapt or purchase a home to accommodate the
disability. SHA grants may be used in one of the following
ways:
- Adapt an existing home the veteran or a family
member already owns in which the veteran lives
- Adapt a home the veteran or family member intends to
purchase in which the Veteran will live
- Help a Veteran purchase a home already adapted in
which the veteran will live
COMMENTS
Author comments :
"Each county is entitled to collect fees for home
modifications, improvements, and inspections. Many military
members who have returned home from active duty must retrofit
their homes in some fashion to accommodate disabilities and
other injuries sustained during service. The process is often
drawn out and expensive. This becomes a burden for those who
are trying to readjust to civilian life?Counties are able to
waive fees for low-income veterans, but would like to be able
to extend this service to disabled veterans."
Committee staff comments :
1.This bill is somewhat similar to AB 1592 (Olsen, 2012). That
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bill cleared the Assembly Floor 76-0, but died after being
held in Senate Rules without referral to a policy committee.
Sponsored by Mono County, AB 1592 would have permitted cities
and counties to waive certain local government fees for
disabled veterans for the modification of a dwelling owned by
the disabled veteran for the purpose of making the dwelling
more accessible. The author/sponsor's purported intent was
that "counties like Mono" would like to help disabled veterans
return to civilian life, just as they are currently able to do
for indigent veterans." They believe that this bill will
"allow local jurisdictions the option of reducing or waiving
building inspection and permit fees for ADA-type modifications
to homes owned by veterans with service-related disabilities."
2.The spirit of this bill is consistent with existing law
(Business and Professions Section 16102), which allows
eligible veterans "to hawk, peddle and vend any goods, wares
or merchandise owned by him or her, as specified, without
payment of any business license, tax or fee by any
municipality, county or the state."
3.This bill borrows the definition for "disabled veteran" used
to establish eligibility for the DVBE Program (MilVets �999).
The DVBE program requires an applicant to be a disabled
veteran who is:
"A veteran of the military, naval, or air service of the
United States, including, but not limited to, the Philippine
Commonwealth Army, the Regular Scouts, "Old Scouts," and the
Special Philippine Scouts, "New Scouts," who has at least a
10-percent service-connected disability and who is domiciled
in the state."
Related legislation :
- AB 1592 (Olsen, held/died in Senate Rules, 2012)
Would have allowed a governing board of any county or city to
grant financial assistance, relief, and support to disabled
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veterans by reducing or waiving specified fees for modifying
a dwelling for the purpose of greater accessibility to or
within that dwelling.
SUPPORT/OPPOSITION
Sponsor: Author
Support:
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
(CACVSOs)
California State Association of Counties (CSAC)
California State Commanders Veterans Council
Mono, County Board of Supervisors
Rural County Representatives of California (RCRC)
San Diego, County of
Veterans of Foreign Wars (VFW)-Department of California
Vietnam Veterans of America-California State Council
Oppose: None received
Analysis by: Wade Cooper Teasdale
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