Bill Text: CA SB112 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Veterans' Bill of Rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB112 Detail]

Download: California-2015-SB112-Amended.html

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BILL NUMBER: SB 112	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2015

INTRODUCED BY   Senator Roth

                        JANUARY 12, 2015

   An act to  amend Section 713   add Chapter 6
(commencing with Section 1860) to Division 8  of the Military
and Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 112, as amended, Roth.  Department of Veterans Affairs:
use of real property.   Veterans.  
   Existing law establishes within state government a Department of
Veterans Affairs. Existing law provides for a variety of state
benefits to veterans, including those relating to educational
assistance and farm and home purchases, as specified.  
   This bill would establish a California Veterans' Bill of Rights.
The bill would proclaim the rights of veterans in the State of
California, including, among others, that veterans have the right to
be treated with dignity and respect, and have the right to housing,
education, job training, and physical and mental health services, as
prescribed.  
   Existing law requires the Department of Veterans Affairs, by July
1, 2016, to create a prioritized list of unused or underutilized
nonresidential real property owned by the department, and to propose
one or more potential uses that will benefit California veterans, as
specified.  
   This bill would make a technical, nonsubstantive change to those
provisions. 
   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.    The Legislature hereby finds and
declares all of the following:  
   (a) California has the highest veteran population of any state in
the union.  
   (b) Veterans are deserving of our highest gratitude for their
selfless service and sacrifice.  
   (c) To that end, it is necessary that the Legislature establish a
California Veterans' Bill of Rights. 
   SEC. 2.    Chapter 6 (commencing with Section 1860)
is added to Division 8 of the   Military and Veterans Code
  , to read:  
      CHAPTER 6.  CALIFORNIA VETERANS' BILL OF RIGHTS


   1860.  There is hereby established a California Veterans' Bill of
Rights, as set forth in this chapter.
   1862.  Veterans in the State of California shall have all of the
following rights:
   (a) Veterans shall have the right to be treated with dignity and
respect and to receive accurate, courteous, and timely service in all
of their contacts with the Department of Veterans Affairs.
   (b) Veterans shall have the right to receive fair and equal
treatment, irrespective of rank, position, or status, and shall be
treated with tact, comprehension, and understanding.
   (c) Veterans shall have the right to be involved in the decisions
affecting their care and the formulation of programs and benefits
that affect their daily lives.
   (d) Veterans, both current and transitioning active duty military
service members who are likely to be California veterans, shall have
the right to be informed of all programs and benefits for which they
are eligible.
   (e) Veterans shall have the right to file an application for
benefits at any time and shall have the right to receive a written
notice and explanation of the approval or denial of their application
for benefits.
   (f) Veterans shall have the right 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) Veterans shall have the right to adequate, safe, and reliable
housing.
   (h) Veterans shall have the right to the education and job
training they require to secure gainful civilian employment.
   (i) Veterans shall have the right to receive the physical and
mental health services they require as a result of their service.
Veterans shall have a right to receive these services free from fear
of retaliation or stigma. State and local mental health services
shall not be negatively impacted or withheld due to veteran status.
   (j) Veterans shall have the right to refuse 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.

   1864.  The rights prescribed pursuant to this chapter are not
exhaustive, and nothing in this chapter shall be construed to limit
the rights of veterans. Instead, the rights prescribed pursuant to
this chapter shall establish the minimum rights every veteran shall
enjoy as a resident of the State of California. When applicable,
veterans' spouses, domestic partners, and dependents shall also be
entitled to these rights.  
  SECTION 1.    Section 713 of the Military and
Veterans Code is amended to read:
   713.  (a) By July 1, 2016, the department shall do both of the
following:
   (1) Create a list of unused or underutilized nonresidential real
property owned by the department, including property on or near the
premises of existing department facilities.
   (2) Propose one or more potential uses of those properties that
will benefit California veterans and make a preferred recommendation
for use of each property, and in doing so, consider uses including,
but not limited to, the following services for veterans:
   (A) Housing.
   (B) Supportive services.
   (C) Health care and mental health care.
   (b) When identifying the unused or underutilized nonresidential
real properties, the department shall consider its inventory of
properties as an integrated system, and shall address how prospective
uses of the properties could complement each other.
   (c) The list of options shall be structured as a prioritized list
of projects determined by the department to constitute appropriate
uses for the properties identified in the list.
   (d) The Legislature finds and declares that after a use option for
a given location is identified pursuant to this section, further
study and evaluation may be necessary in order to fully determine the
feasibility of that use option and take steps toward its
implementation.