Bill Text: CA SB56 | 2015-2016 | Regular Session | Introduced
Bill Title: Veterans: benefits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB56 Detail]
Download: California-2015-SB56-Introduced.html
BILL NUMBER: SB 56 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Knight
DECEMBER 19, 2014
An act to amend Section 980 of the Military and Veterans Code,
relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
SB 56, as introduced, Knight. Veterans: benefits.
Existing law defines "veteran" for the purposes of the various
programs bestowing benefits upon veterans.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 980 of the Military and Veterans Code is
amended to read:
980. (a) As used in this chapter, "veteran" means any of the
following:
(1) Any citizen of the United States who served in the active
military, naval, or air service of the United States on or after
April 6, 1917, and prior to November 12, 1918, and who received an
honorable discharge or was released from active duty under honorable
conditions.
(2) Any person who did all of the following:
(A) Served in the active military, naval, or air service of the
United States for a period of not less than 90 consecutive days or
was discharged from the service due to a service-connected disability
within that 90-day period.
(B) Received an honorable discharge or was released from active
duty under honorable conditions.
(C) Performed any portion of that service during any of the
following periods:
(i) On or after December 7, 1941, and prior to January 1, 1947,
including, but not limited to, members of the Philippine Commonwealth
Army, the Regular Scouts ("Old Scouts"), and the Special Philippine
Scouts ("New Scouts").
(ii) On or after June 27, 1950, and prior to February 1, 1955.
(iii) On or after February 28, 1961, and prior to August 5, 1964,
in the case of a veteran who served in the Republic of Vietnam during
that period.
(iv) On or after August 5, 1964, and prior to May 8, 1975.
(v) On or after August 2, 1990, to and including the date on which
the territories in and around the Arabian Peninsula cease to be
designated as a place where the armed forces of the United States are
engaged in combat, as described in Executive Order 12744 of the
President of the United States. It is the intent of the Legislature,
in enacting this clause, that the benefits provided by this chapter
shall be available to all veterans who were on active duty in the
armed forces of the United States or who were called to active duty
in the reserves or National Guard during the pendency of the
deployment of forces for Operation Desert Shield or Desert Storm,
which resulted in Executive Order 12744, irrespective of whether
these veterans served overseas or in the United States.
(vi) At any time, in a campaign or expedition for service in which
a medal has been authorized by the government of the United States,
regardless of the number of days served on active duty.
(vii) At any time in Somalia, or in direct support of the troops
in Somalia, including, but not limited to, persons stationed on ships
of the United States armed forces conducting support activities
offshore in the vicinity of Somalia, during Operation Restore Hope,
regardless of the number of days served.
(3) Any member of the reserves or National Guard who does all the
following:
(A) Is called to, and released from, active duty or active
service, regardless of the number of days served.
(B) Is called during any period when a presidential executive
order specifies the United States is engaged in combat or homeland
defense.
(C) Has received an honorable discharge or was released from
active duty or active service under honorable conditions.
(4) Any person who did all of the following:
(A) Served in the Merchant Marine Service of the United States.
(B) Has been granted veteran status by the United States Secretary
of Defense under Title IV of the GI Improvement Act of 1977 (Public
Law 95-202, as amended).
(5) Any person who qualifies under federal laws for revenue bond
or unrestricted funds (26 U.S.C. Sec. 143) and did all of the
following:
(A) Served in the active military, naval, or air service of the
United States for a period of not less than 90 consecutive days.
(B) Received an honorable discharge or was released from active
duty or active service under honorable conditions.
(6) Any person who qualifies for funds made available from a
qualified mortgage revenue bond issued pursuant to 26 U.S.C. Section
143 and is, at the time of application for Cal-Vet benefits, a member
of the California National Guard or a reserve component of any
branch of the United States armed forces who has enlisted or been
commissioned in that service for a period of not less that six years
and has completed a minimum of one year of satisfactory service.
(b) For purposes of this chapter , "veteran"
does shall not include any of the following:
(1) A person who was separated from the armed forces under other
than honorable conditions.
(2) A person who was separated from the armed forces on account of
alienage.
(3) A person who performed no military duty whatever or refused to
wear the uniform.
(4) A person who served only in an auxiliary or reserve component
of the armed forces whose service therein did not provide an
exemption from the operation of the Selective Training and Service
Act of 1940 (54 Stat. 885, as amended).
(5) A person whose service with the armed forces was due to
temporary active duty orders for the sole purpose of training duty,
processing, or a physical examination, except as provided for in
paragraph (6) of subdivision (a).
(6) A person whose only service was as a student at a military
academy and who, for any reason, failed to complete the course of
study and subsequently did not serve on active duty.
(c) For purposes of this section, "active duty" or "active service"
is defined as provided in 10 U.S.C. Section 101(d).
