Existing law requires the Department of Parks and Recreation to issue a park pass for free use of all park facilities in the state park system to any veteran of war, as defined, in which the United States has been, or may be, engaged, and who meets specified criteria, such as being a resident of this state, presenting to the department proof of a service-connected disability, being held captive as a prisoner of war, or receiving a Congressional Medal of Honor, and having been honorably discharged from service.

This bill would instead require the Department of Parks and Recreation to issue a park pass for free use of all park facilities in the state park system to any veteran who meets the criteria set forth above. The bill would make related conforming changes. The bill would require the department to report in its proposed budget, on or before January 1, 2019, on revenue losses with regard to the issuance of free veterans passes under these provisions.

Existing law requires the Department of Parks and Recreation to issue a park pass for free use of all park facilities in the state park system to any veteran of war, as defined, in which the United States has been, or may be, engaged, and who meets specified criteria, such as being a resident of this state, presenting to the department proof of a service-connected disability, being held captive as a prisoner of war, or receiving a Congressional Medal of Honor, and having been honorably discharged from service.

This bill would instead require the Department of Parks and Recreation to issue a park pass for free use of all park facilities in the state park system to any veteran who meets the criteria set forth above. The bill would make related conforming changes.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1972 (Chau) - Veterans: state park passes

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1972 strikes the current restriction limiting eligibility to receive a free park pass, known as the Distinguished Veteran Pass (pass), to veterans of a war who meet specified criteria, thus extending eligibility for the pass to any veteran who has a 50 percent or greater service-connected disability.

Fiscal Impact:

Unknown, but significant revenue loss, likely in the low millions annually, to the California Department of Parks and Recreation (CDPR). (See staff comments)

Background:

California State Parks. The California State Park system consists of 280 state parks, state natural reserves, state historic monuments, state beaches, and other units representing the state’s diverse natural, cultural, recreational and historic resources. The units are managed by the CDPR.

Free and Reduced Licenses. Under existing law, CDPR is required to issue several free and reduced fee licenses to eligible individuals. These include the following:

• The Disabled Discount Pass is available to persons with permanent disabilities, as specified. This lifetime pass requires a one-time fee of $3.50, and entitles its bearer to a 50 percent discount for vehicle day use, family camping, and boat use fees.
• The Golden Bear Pass is available to individuals receiving Supplemental Security Income, any person receiving aid under the applicable aid codes in the CalWORKS Program, or any person 62 years of age or older with income limitations. This reduced-fee ($5) pass permits free entry into most California State Parks where vehicle day use fees are collected.
• The Distinguished Veteran Pass is available to honorably discharged war-time veterans, as defined, who are residents of California and submit proof that they have a 50% or greater service-connected disability, were a prisoner of war, or received a Medal of Honor. The free park pass entitles the holder to use all the basic facilities, including day use, camping and boating, at no charge.
• CDPR is also authorized to provide free or reduced-fee day use access to state parks on Memorial Day or Veterans Day to veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard.

Veterans Passes. CDPR has issued a total of 39,047 Distinguished Veterans passes since they were created in statute in 1979. While applications may fluctuate significantly throughout the history of the pass, absent any significant expansion of the eligible population, the number of passes issued has increased significantly (on average 19 percent per year).

Peace v. wartime. The State uses federal classification of peace and wartimes. Under current law, US Veteran’s Affairs recognizes the following wartime periods to determine eligibility for VA Pension benefits:

• Mexican Border Period (May 9, 1916 – April 5, 1917 for Veterans who served in Mexico, on its borders, or adjacent waters)
• World War I (April 6, 1917 – November 11, 1918)
• World War II (December 7, 1941 – December 31, 1946)
• Korean conflict (June 27, 1950 – January 31, 1955)
• Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)
• Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

Proposed Law: This bill:

1. Strikes the current restriction limiting eligibility to receive a Distinguished Veteran Pass to veterans of a war who have a 50 percent or greater service-connected disability.
2. Clarifies the definitions of “disability”, “prisoner of war”, and “veteran”.
3. States legislative intent to consider alternative sources of funding for the Distinguished Veteran Pass if CDPR determines that revenue losses are significant.
4. Requires the CDPR, on or before January 1, 2019, to report the revenue losses associated with the issuance of free veterans passes in its proposed budget.

Related Legislation:

1. AB 1844 (Gallagher) requires the California Department of Fish and Wildlife to provide reduced-fee lifetime hunting and sport fishing licenses and cards to all Veterans of the Armed Services. AB 1844 is also pending in Senate Appropriations committee.

Staff Comments:

According to the Department of Veterans Affairs, as of 2014 there were 331,645 Veterans in California receiving monthly disability compensation. Nationally, it is estimated that about 18% of all service-disabled Veterans are peace time Veterans. Assuming this percentage is similar at the state level and Veterans receiving compensation have at least a 50% disability, this bill would increase eligibility by about 60,000 Veterans.

If half of the newly eligible Veterans obtain a pass and average usage remains the same, this would increase CDPR costs an additional $1.7 million.

There are approximately 39,000 existing Distinguished Veteran pass holders. CDPR costs from online reservations for calendar year 2015 were approximately $2 million. This includes about $200,000 in camping and cancellation fees CDPR covers if the pass holder does not show for a reservation. This does not include walk-ins who are not captured separately from paying visitors, or lost revenue that would be earned if any of the Distinguished Veteran’s passholders were required to purchase one of the existing day use parks passes (ranging from $50 to $195 annually) or pay daily use fees (generally $10).

As of June 2016, there are approximately 39,000 existing Distinguished Veteran pass holders. CDPR costs resulting from these passes for online reservations in 2015 equaled approximately $2 million (on average $59 per person). This excludes walk-ins who are not captured separately from paying visitors, and revenue losses resulting from eligible veterans not being required to purchase on of CDPR’s existing day use passes (valued at up to $195 per year). CDPR also estimates an approximate cost of $15.66 per person in administrative costs, making per person cost total about $74. If 6,000 (10 percent of the newly eligible population) participates in the program, CDPR’s costs would equal $447,960 annually. Staff notes that’s approximately 12 percent of the eligible population currently has a pass, and that, absent a significant increase in the eligible populations the issuance of Distinguished Veterans passes has increased by approximately 12 percent each year.

This bill provides unique benefits to one population over others that might be equally deserving of these benefits. This disparate treatment creates pressure to provide similar benefits to additional populations to resolve the disparity. It may also create pressure to expand the benefits offered to this population. As such, staff notes that this bill may result in significant cost pressures on state resources in addition to the costs outlined in the fiscal impact statement.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 1972 Hearing Date: June 28, 2016

Subject: Veterans: state park passes

BACKGROUND AND EXISTING LAW

The California State Park system consists of 280 state parks, state natural reserves, state historic monuments, state beaches, and other units representing the state’s diverse natural, cultural, recreational and historic resources. The units are managed by the Department of Parks and Recreation (DPR).

Under existing law, DPR is required to issue a free park pass to honorably discharged veterans of a war who are residents of California with a 50% or greater service-connected disability, or were held as prisoners of war by forces hostile to the United States, or recipients of the Medal of Honor (Public Resources Code (PRC) §5011.5). All individuals applying for this pass are required to submit proof that they meet one of the criteria listed above. The free park pass entitles the holder to use all the basic facilities, including day use, camping and boating, at no charge. The pass is not valid for group use or group camp sites, special events, commercial use, additional/extra vehicle fees, or for supplemental fees. DPR calls this pass the “Distinguished Veteran Pass.”

Existing law defines “war” to mean a period of time commencing when Congress declares war or when the United States Armed Forces are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States.

DPR is authorized to provide free or reduced-fee day use access to state parks on Memorial Day or Veterans Day to veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard (PRC §5011.6, pursuant to AB 150 (Olsen, Chapter 688, Statutes of 2013).

In addition to the no fee pass for certain veterans, existing law requires DPR to offer a reduced-fee ($5) pass for individuals receiving Supplemental Security Income (SSI), any person receiving aid under the applicable aid codes in the CalWORKS Program, or any person 62 years of age or older with income limitations. This pass, called the Golden Bear Pass, permits free entry into most California State Parks where vehicle day use fees are collected.

DPR also offers the Disabled Discount Pass to persons with permanent disabilities, as specified. This lifetime pass entitles its bearer to a 50 percent discount for vehicle day use, family camping, and boat use fees. It is not valid for group camp sites, extra vehicle fees, oversized vehicle fees, per-person entry fees, or supplemental fees. The pass has a one-time fee of $3.50.

PROPOSED LAW

This bill would strike the current criterion that limits eligibility to receive a free park pass to veterans of a war in which the United States has been or may be engaged. This change would extend the eligibility for the free veteran state park pass to veterans of the United States Armed Services who have a 50 percent or greater service-connected disability and did not serve during war time. The level of disability is determined by the United State Department of Veteran Affairs.

This bill would also require DPR to report in its proposed budget on the revenue losses associated with the issuance of free passes to veterans. If losses are significant, this bill states that it is the intent of the Legislature to consider alternative sources of funding to pay for the free park passes without harming DPR’s operating budget.

ARGUMENTS IN SUPPORT

The author has introduced this bill to allow disabled veterans to receive a Distinguished Veteran pass that allows them free entry into the state park system, regardless of whether or not they served during a war or conflict recognized by the United States Department of Veterans Affairs. Veterans who served during peace time and have a 50% or greater service connected disability are currently ineligible for the Distinguished Veterans Park Pass. These can include veterans who become disabled because of vehicle accidents, ammunition accidents, or other accidents during training exercises. The author asserts that veterans who become disabled, regardless of whether the disability occurs during a war or a training exercise should be eligible for the Distinguished Veterans Park Pass because their disability occurred due to their service to this country.

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Who is impacted by this change?

This bill would make any veteran of the United States Armed Services who meets the 50 percent service-connected disability eligible for the free veteran state park pass (i.e., the Distinguished Veteran Pass), regardless of whether they received their injury during combat or peace time operations. For example, individuals injured during peace time training operations would be eligible if the bill passes.

The question at the heart of this bill is: Does the Legislature wish to distinguish between injuries that occurred during periods with active military operations from injuries that occurred during peace time? There is precedent for this distinction. Through their awards and decorations, the United States military draws a distinction between combat and non-combat injuries. That said, under current law the details of the circumstances of a veteran’s injury are just as important as the injury itself.

Furthermore, the nature of war and combat operations is evolving and there is no longer such a clear distinction between times of war and peace. Under the existing law describing the Distinguished Veteran Pass, “war” is defined as either a formal declaration from Congress or active military operations that continue until a formal announcement indicating the termination of hostilities by the President of the United States. It seems unlikely that in an age of a “war on terrorism” and conflicts with non-state actors, the President will issue a formal announcement declaring an end to hostilities.

Fiscal impact of the bill:

This bill contains a provision that requires DPR to report revenue losses associated with the issuance of free passes to veterans. It also declares that the Legislature will try to find alternative sources of funding if revenue losses are significant.

According to the Assembly Appropriations Committee, the fiscal impact could range from the hundreds of thousands to the low millions of dollars.

According to the Department of Veterans Affairs, as of 2014 there were 331,645 veterans in California receiving monthly disability compensation. Nationally, it is estimated that about 18% of all service-disabled veterans are peace time veterans. Assuming this percentage is similar at the state level and veterans receiving compensation have at least a 50% disability, this bill would increase eligibility by about 60,000 Veterans. If half of the newly eligible Veterans obtain a pass and average usage remains the same, this would increase DPR costs an additional $1.7 million.

Recent related legislation:

AB 1844 (Gallagher) of 2016 would require the Department of Fish and Wildlife to reduce the fee by 25 percent for lifetime hunting and sport fishing licenses for all veterans of the United States Armed Services. AB 1844 is pending in this committee.

AB 240 (Wilk) of 2015 would have required DPR to issue a park pass allowing free day use entry to all units of the state park system to a person with a registered vehicle that has been issued specialized license plates by the Department of Motor Vehicles under the Pearl Harbor Survivor, Legion of Valor, former prisoner-of-war, Congressional Medal of Honor, Purple Heart Veteran, or Gold Star Family license plate programs. AB 240 passed this committee but was held in Senate Appropriations.

AB 315 (Assembly Committee on Veterans Affairs) of 2014 proposed to add Purple Heart recipients to the list of veterans eligible to receive a free state park Distinguished Veterans' pass. AB 315 passed this committee but was held in the Senate Appropriations Committee.

AB 150 (Olsen), Chapter 688, Statutes of 2013, authorizes DPR to offer reduced-fee or free day use to state parks to veterans or active duty or reserve military personnel of the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

SB 1287 (Harman), Chapter 409, Statutes of 2012, provides for reduced fee sport fishing licenses to active military personnel who are recovering service members, as defined.

SB 1288 (Harman), Chapter 410, Statutes of 2012 provides for the reduced fee hunting license for military personnel who are recovering service members, as defined.

AB 257 (Anderso), Chapter 129, Statutes of 2007), eliminated the $3.50 fee for the Distinguished Veteran Pass.

AB 1387 (Runner) of 2007 would have required DPR to create a state parks pass, as provided, for members of the California National Guard, to use at parking facilities located within any unit of the state park system, as specified.

SUPPORT

American G.I. Forum of California

American Legion Department of California

American Legion Department of California Chinatown Post 628

AMVETS-Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

California State Parks Foundation

Chinese American Military Support

Military Officers Association of America

California Council of Chapters

Vietnam Veterans of America-California State Council

Three individuals

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Chau)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Requires the Department of Parks & Recreation (DPR) to issue a park pass for free use of all state park facilities to any Veteran of the United States Armed Forces who has a disability, was a prisoner of war, or received a Congressional Medal of Honor, and was honorably discharged, regardless of whether they served during war or peace time. Specifically, this bill:

1. Strikes the current criteria which limit eligibility to receive a free park pass to Veterans of a war in which the United States has been or may be engaged.
2. Clarifies the definitions of disability, prisoner of war, and Veteran for these purposes, and strikes the definition of war which would no longer be applicable.
3. Requires DPR, on or before January 1, 2019, to report in its proposed budget on the revenue losses associated with issuance of free veterans' passes under this bill.
4. States that it is the intent of the Legislature if, based on the report provided by DPR, revenue losses are determined to be significant under this bill, to consider alternative sources of funding to pay for the free park passes without harming DPR's operating budget.

EXISTING LAW:

1. Requires DPR to issue a park pass for free use of all state park facilities to a Veteran of a war in which the United States has been or may be engaged, who is a resident of this state, upon presentation to DPR of proof of disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge.
2. Defines an eligible Veteran as a former member of the United States Armed Services who has a 50% or greater service-connected disability, or was held as a prisoner of war by forces hostile to the United States, and who was honorably discharged. Defines war to mean a period of time commencing when Congress declares war or when the United States Armed Forces are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States.
3. Authorizes DPR to provide free or reduced-fee day use access to state parks to Veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Unknown revenue losses to DPR in the hundreds of thousands to low millions of dollars range.

There are approximately 34,000 existing Distinguished Veteran pass holders. DPR lost revenue from online reservations for calendar year 2015 were approximately $2 million. This includes about $200,000 in camping and cancellation fees DPR covers if the pass holder does not show for a reservation. This does not include walk-ins who are not captured separately from paying visitors.

According to the Department of Veterans Affairs, as of 2014 there were 331,645 Veterans in California receiving monthly disability compensation. Nationally, it is estimated that about 18% of all service-disabled Veterans are peace time Veterans. Assuming this percentage is similar at the state level and Veterans receiving compensation have at least a 50% disability, this bill would increase eligibility by about 60,000 Veterans. If half of the newly eligible Veterans obtain a pass and average usage remains the same, this would increase revenue losses an additional $1.7 million.

1. Reporting costs are absorbable.

COMMENTS: This bill broadens eligibility for free Veteran state park passes by extending the benefit to all veterans of the United States Armed Services who have a disability, were held as a prisoner of war, or received the Congressional Medal of Honor, regardless of whether they served during war time.

The author has introduced this bill to allow disabled Veterans to receive a Distinguished Veteran pass that allows them free entry into the state park system, regardless of whether or not they served during a war or conflict recognized by the United States Department of Veterans Affairs. Veterans who served during peace time and have a 50% or greater service connected disability are currently ineligible for the Distinguished Veterans Park Pass. These can include Veterans who become disabled because of vehicle accidents, ammunition accidents, or other accidents during training exercises. The author asserts that Veterans who become disabled, regardless of whether the disability occurs during a war or a training exercise should be eligible for the Distinguished Veterans Park Pass because their disability only occurred due to their service to this country.

DPR currently offers a free Distinguished Veterans state park pass to Veterans who have served during war time and have a 50% disability, were a prisoner of war, or are a recipient of a Congressional Medal of Honor. The pass is not available to Veterans who only served during peace time. Background information provided by the author's office includes an example of a Veteran who served during the 1980s and has a service-connected disability, but was ineligible for the pass because, although there were military operations in Grenada and Honduras during his time of service, those operations were not recognized by the United States Department of Veterans Affairs as official wars. The author of this bill asserts that all Veterans with a service-connected disability should be entitled to receive a Distinguished Veterans park pass, regardless of whether their service-connected disability occurred during war time or a training exercise, because their disability only occurred due to their service to this country.

To date, DPR under the current law has issued approximately 37,000 Distinguished Veteran park passes since the inception of the program.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0003301

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1972

Author:(Chau) – As Introduced Ver:February 16, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Parks & Recreation (DPR) to issue a Distinguished Veteran park pass for free use of all state park facilities to any Veteran of the United States Armed Forces who has a disability, was a prisoner of war, or received a Congressional Medal of Honor, and was honorably discharged, regardless of whether they served during war or peace time. Specifically, this bill:

1. Deletes the current criteria limiting eligibility to disabled Veterans of a war in which the United States has been or may be engaged.
2. Clarifies the definitions of disability, prisoner of war, and Veteran.

FISCAL EFFECT:

Unknown Increased costs to DPR in the hundreds of thousands to low millions of dollars range.

There are approximately 34,000 existing Distinguished Veteran pass holders. DPR costs from online reservations for calendar year 2015 were approximately $2 million. This includes about $200,000 in camping and cancellation fees DPR covers if the pass holder does not show for a reservation. This does not include walk-ins who are not captured separately from paying visitors.

According to the Department of Veterans Affairs, as of 2014 there were 331,645 Veterans in California receiving monthly disability compensation. Nationally, it is estimated that about 18% of all service-disabled Veterans are peace time Veterans. Assuming this percentage is similar at the state level and Veterans receiving compensation have at least a 50% disability, this bill would increase eligibility by about 60,000 Veterans. If half of the newly eligible Veterans obtain a pass and average usage remains the same, this would increase DPR costs an additional $1.7 million.

COMMENTS:

1. Purpose. According to the author, Veterans who served during peace time and have a 50% or greater service connected disability are currently ineligible for the Distinguished Veterans Park Pass. This can include Veterans who become disabled because of vehicle accidents, ammunition accidents, or other accidents during training exercises. The author asserts that Veterans who become disabled, regardless of whether the disability occurs during a war or a training exercise should be eligible for the Distinguished Veterans Park Pass because their disability occurred due to their service to this country.
2. Background. Currently, DPR is required to issue a park pass for free use of all state park facilities to a Veteran of a war in which the United States has been or may be engaged, who is a resident of this state, upon presentation to DPR of proof of disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge.

For the purpose of the free pass, current law defines a Veteran as a former member of the United States Armed Services who has a 50% or greater service-connected disability, was held as a prisoner of war by forces hostile to the United States, and who was honorably discharged. War is defined as a period of time commencing when Congress declares war or when the United States Armed Forces are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States.

DPR processes approximately 300 pass applications each month and the number of applications has been increasing by 10% each year for the past several years.

Existing law also authorizes DPR to provide free or reduced-fee day use access to state parks to Veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

1. Related Legislation. AB 1844 (Gallagher) requires the Department of Fish and Wildlife to provide reduced-fee hunting and sport fishing licenses and cards to all Veterans of the Armed Services. AB 1844 is also pending in this committee.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 1972 (

Author:Chau) – As Introduced Ver:February 16, 2016

SUBJECT: Veterans: state park passes

SUMMARY: Requires the Department of Parks & Recreation (DPR) to issue a park pass for free use of all state park facilities to any Veteran of the United States Armed Forces who has a disability, was a prisoner of war, or received a Congressional Medal of Honor, and was honorably discharged, regardless of whether they served during war or peace time. Specifically, this bill:

1. Strikes the current criteria which limit eligibility to receive a free park pass to Veterans of a war in which the United States has been or may be engaged.
2. Clarifies the definitions of disability, prisoner of war, and Veteran for these purposes, and strikes the definition of war which would no longer be applicable.

EXISTING LAW:

1. Requires DPR to issue a park pass for free use of all state park facilities to a Veteran of a war in which the United States has been or may be engaged, who is a resident of this state, upon presentation to DPR of proof of disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge.
2. Defines a Veteran as a former member of the United States Armed Services who has a 50% or greater service-connected disability, was held as a prisoner of war by forces hostile to the United States, and who was honorably discharged. Defines war to mean a period of time commencing when Congress declares war or when the United States Armed Forces are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States.
3. Authorizes DPR to provide free or reduced-fee day use access to state parks to Veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

FISCAL EFFECT: Unknown

Author's Statement: The author has introduced this bill to allow disabled Veterans to receive a Distinguished Veteran pass that allows them free entry into the state park system, regardless of whether or not they served during a war or conflict recognized by the United States Department of Veterans Affairs. Veterans who served during peace time and have a 50% or greater service connected disability are currently ineligible for the Distinguished Veterans Park Pass. These can include Veterans who become disabled because of vehicle accidents, ammunition accidents, or other accidents during training exercises. The author asserts that Veterans who become disabled, regardless of whether the disability occurs during a war or a training exercise should be eligible for the Distinguished Veterans Park Pass because their disability occurred due to their service to this country.

1. Policy in current code: The Distinguished Veteran pass program recognizes the service of and sacrifices made by veterans. The current legal structure for the pass creates a tiered system, whereby a veteran’s service, sacrifice, and disability must meet certain thresholds in order for the veteran to be eligible for the benefit. Current code for example states that service and resulting disability during a period of war or conflict is required for the Distinguished Veteran Pass. Combat service and wounds received in combat are reserved for special honors in the United States military awards and decorations hierarchies. Thus there is a basis for distinguishing veterans with these experiences from others.

However, the current tiered system produces results that are worthy of consideration, treating various veterans in different ways, not all of which may been expected or desired. This bill arises from one such situation. Ultimately the members may wish to consider whether or not it is good policy to engage in any of the distinctions between veterans in this context.

A hypothetical illustrates some outcomes: Three Soldiers in the line of duty receive the same wound to their respective right arms and all three have the same resulting 70% service-connected disability. On completion of their service, all three receive honorable discharges.

1. Soldier Alpha was deployed to Afghanistan. Soldier Alpha’s convoy was ambushed in an urban area and a firefight ensued. During the firefight Soldier Alpha received the arm wound when an enemy rocket hit an adjacent building causing an air-conditioning unit to fall off the building onto her arm. Soldier Alpha is eligible for the Pass and is the clear case contemplated by the statute as meriting the Pass. Alpha is veteran seriously injured in combat during a conflict.
2. Soldier Bravo participated in a routine training exercise at Fort Irwin, California during the conflict in Afghanistan. She received her arm wound when an air conditioning unit fell on her arm as her unit was setting up a large personnel tent. Bravo was seriously injured during a war or conflict. However, that injury was not connected to, arising from, or even geographically near a war or conflict, yet Bravo is eligible for the Pass.
3. Soldier Charlie participated in a routine training exercise at Fort Irwin, California during a time when the U.S. was not in a war or conflict. She received her arm wound when an air conditioning unit fell on her arm as her unit was setting up a large personnel tent. Soldier Charlie is not eligible for the Pass, even though her facts are nearly the same as Bravo’s.

The Pass program recognizes service and sacrifice. All three of the veterans served and were engaged in some activity under orders, all three sacrificed, and all three have a lifetime disability. Without doubt the circumstances of Alpha’s injury during a firefight are much different than the other Soldiers’ injuries during training; enemies were trying to kill Alpha. Explaining the different outcomes between Bravo and Charlie is challenging, however. Is the state of conflict important? Is the location important? Are the circumstances of how the injury happened important? Further, is the degree of disability important?

In the end all these permutations and analysis prompt a threshold question: In the context of this benefit to what degree does the Legislature want to distinguish between veterans and engage in these distinctions as a matter of policy?

1. Double-referral: This bill is double-referred and was heard by the Committee on Water, Parks, and Wildlife previously, where it received a 15-0 vote.
2. Prior and related legislation: AB 240 (Wilk) of 2015 would have required DPR to issue a park pass allowing free day use entry to all units of the state park system to a person with a registered vehicle that has been issued specialized license plates by the Department of Motor Vehicles under the Pearl Harbor Survivor, Legion of Valor, former prisoner-of-war, Congressional Medal of Honor, Purple Heart Veteran, or Gold Star Family license plate programs. AB 240 passed this committee but was held in Senate Appropriations.

AB 315 (Assembly Committee on Veterans Affairs) of 2014 proposed to add Purple Heart recipients to the list of Veterans eligible to receive a free state park Distinguished Veterans' pass. AB 315 passed this committee but was held in the Senate Appropriations Committee.

AB 150 (Olsen), Chapter 688, Statutes of 2013, authorized DPR to offer reduced-fee or free day use to state parks to Veterans or active duty or reserve military personnel of the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

AB 1844 (Gallagher) would require the DFW to make reduced-fee hunting and sport fishing licenses and cards available to all Veterans of the Armed Services. AB 1844 is also pending in this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

American Legion, Department of California

American Legion, Department of California, Chinatown Post 628

AMVETS-Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

California State Parks Foundation

Chinese American Military Support

Military Officers Association of America, California Council of Chapters

VFW, Department of California

Vietnam Veterans of America, California State Council

Opposition

None on File.

Analysis Prepared by: Jenny Callison / V.A. / (916) 319-3550

Date of Hearing: March 29, 2016

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

ABPCA Bill Id:AB 1972 (

Author:Chau) – As Introduced Ver:February 16, 2016

SUBJECT: Veterans: state park passes

SUMMARY: Requires the Department of Parks & Recreation (DPR) to issue a park pass for free use of all state park facilities to any Veteran of the United States Armed Forces who has a disability, was a prisoner of war, or received a Congressional Medal of Honor, and was honorably discharged, regardless of whether they served during war or peace time. Specifically, this bill:

1. Strikes the current criteria which limit eligibility to receive a free park pass to Veterans of a war in which the United States has been or may be engaged.
2. Clarifies the definitions of disability, prisoner of war, and Veteran for these purposes, and strikes the definition of war which would no longer be applicable.

EXISTING LAW:

1. Requires DPR to issue a park pass for free use of all state park facilities to a Veteran of a war in which the United States has been or may be engaged, who is a resident of this state, upon presentation to DPR of proof of disability, proof of being held captive as a prisoner of war, or proof of being a recipient of a Congressional Medal of Honor, and proof of an honorable discharge.
2. Defines a Veteran as a former member of the United States Armed Services who has a 50% or greater service-connected disability, was held as a prisoner of war by forces hostile to the United States, and who was honorably discharged. Defines war to mean a period of time commencing when Congress declares war or when the United States Armed Forces are engaged in active military operations against a foreign power, whether or not war has been formally declared, and ending upon the termination of hostilities as proclaimed by the President of the United States.
3. Authorizes DPR to provide free or reduced-fee day use access to state parks to Veterans and active duty or reserve military personnel for the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

FISCAL EFFECT: Unknown

COMMENTS: This bill broadens eligibility for free Veteran state park passes by extending the benefit to all veterans of the United States Armed Services who have a disability, were held as a prisoner or war, or received the Congressional Medal of Honor, regardless of whether they served during war time.

1. Author's Statement: The author has introduced this bill to allow disabled Veterans to receive a Distinguished Veteran pass that allows them free entry into the state park system, regardless of whether or not they served during a war or conflict recognized by the United States Department of Veterans Affairs. Veterans who served during peace time and have a 50% or greater service connected disability are currently ineligible for the Distinguished Veterans Park Pass. These can include Veterans who become disabled because of vehicle accidents, ammunition accidents, or other accidents during training exercises. The author asserts that Veterans who become disabled, regardless of whether the disability occurs during a war or a training exercise should be eligible for the Distinguished Veterans Park Pass because their disability only occurred due to their service to this country.
2. Background: DPR currently offers a free Distinguished Veterans state park pass to Veterans who have served during war time and have a 50% disability, were a prisoner of war, or are a recipient of a Congressional Medal of Honor. The pass is not available to Veterans who only served during peace time. Background information provided by the author's office includes an example of a Veteran who served during the 1980s and has a service-connected disability, but was ineligible for the pass because, although there were military operations in Grenada and Honduras during his time of service, those operations were not recognized by the United States Department of Veterans Affairs as official wars. The author of this bill asserts that all Veterans with a service-connected disability should be entitled to receive a Distinguished Veterans park pass, regardless of whether their service-connected disability occurred during war time or a training exercise, because their disability only occurred due to their service to this country.
   
   According to the Department of Veterans Affairs, as of 2014 there were 331,645 Veterans in California receiving monthly disability compensation. It is not known how many of these are war-time Veterans. Nationally, it is estimated that about 18% of all service-disabled Veterans are peace time Veterans. Assuming this statistic holds true for California as well, this bill would increase the number of Veterans eligible for the state park Distinguished Veterans pass by around 60,000 persons. To date, DPR under the current law has issued approximately 37,000 Distinguished Veteran park passes since the inception of the program.
3. Double-referral: This bill is double-referred to the Assembly Committee on Veterans Affairs which is scheduled to hear this bill next.
4. Prior and related legislation: AB 240 (Wilk) of 2015 would have required DPR to issue a park pass allowing free day use entry to all units of the state park system to a person with a registered vehicle that has been issued specialized license plates by the Department of Motor Vehicles under the Pearl Harbor Survivor, Legion of Valor, former prisoner-of-war, Congressional Medal of Honor, Purple Heart Veteran, or Gold Star Family license plate programs. AB 240 passed this committee but was held in Senate Appropriations.

AB 315 (Assembly Committee on Veterans Affairs) of 2014 proposed to add Purple Heart recipients to the list of Veterans eligible to receive a free state park Distinguished Veterans' pass. AB 315 passed this committee but was held in the Senate Appropriations Committee.

AB 150 (Olsen), Chapter 688, Statutes of 2013, authorized DPR to offer reduced-fee or free day use to state parks to Veterans or active duty or reserve military personnel of the United States Armed Forces or the National Guard on Memorial Day and Veterans Day.

AB 1844 (Gallagher) would require the DFW to make reduced-fee hunting and sport fishing licenses and cards available to all Veterans of the Armed Services. AB 1844 is also pending in this committee.

1. Support Arguments: Supporters urge that all disabled Veterans with a 50% or more service-connected disability should be acknowledged for their service to the country by being eligible to receive a Distinguished Veterans state park pass, regardless of whether their service-connected disability occurred during war or peace time exercises. Supporters also emphasize this bill will be a morale booster for Veterans.
2. Opposition Arguments: None received.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

American Legion, Department of California

American Legion, Department of California, Chinatown Post 628

AMVETS-Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

California State Parks Foundation

Chinese American Military Support

Military Officers Association of America, California Council of Chapters

VFW, Department of California

Vietnam Veterans of America, California State Council

Opposition

None on file.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096