NATIONAL LEGISLATIVE HIGHLIGHTS
Major “MOAA National issues” (website):
http://www.moaa.org/Content/Take-Action/Top-Issues/Top-Issues.aspx
Keep up to date on legislative action that affects you and your world.
MOAA Legislative Action Center – moaa.capwiz.com/moaa/home
MOAA Elected Officials – moaa.capwiz.com/moaa/dbq/officials/
MOAA Issues and Legislation – moaa.capwiz.com/moaa/issues/
MOAA Legislative Alerts and Updates – moaa.capwiz.com/moaa/issues/
MOAA Current Legislation – moaa.capwiz.com/moaa/issues/bills/
Please see link below to find your representatives in the U.S. House of Representatives and the State of California (Assembly and Senate):
U.S. House of Representatives https://www.house.gov/representatives
California Representative and State Senator http://findyourrep.legislature.ca.gov
Below is a downloadable excel spreadsheet with both California and Federal Representatives with their contact information and committees.
CALIFORNIA LEGISLATION
MILITARY OFFICERS ASSOCIATION OF AMERICA-CALIFORNIA COUNCIL OF CHAPTERS
2020 END OF YEAR CALIFORNIA LEGISLATIVE REPORT
The 2019-20 California Legislative Session has ended. September 30 was the last day for the Governor to sign or veto bills sent to him when the Legislature adjourned on August 31. This is a report on the legislation your organization took official positions on during 2020.
The election and new legislative session:
The Presidential General Election will be on November 3. Based on the results of that election, newly elected legislators will be sworn in on December 7. All of the Legislature’s 80 Assembly seats will be on the ballot as well as 20 of the State Senate’s 40 seats. Many current legislators will fend off challenges and retain their seats, some will lose their seats to a challenger, and some are termed out. On December 7, the 2021-22 Legislature will be sworn in, after which they will return to their districts. The legislative session will begin in earnest in January. On January 1, bills that were recently signed in to law this month take effect (unless they were urgency bills, which take effect immediately).
National events and the economy could shape a lot of what the Legislature could focus on in 2021-22. Also, in January, new committee assignments will be made, so we will see who gets on to the Veterans Committees as well as the influential Appropriations Committees.
We will be working with 3rd Vice President for Legislation Jeff Breiten to develop CALMOAA’s priorities for 2021. We would like to thank Jeff for the great working relationship we had with him during this challenging year. We were still able to review and take positions on legislation important to veterans, their families, and the military.
Going forward:
The COVID-19 pandemic severely curtailed the legislative activity this year. Many good (and bad) bills were shelved to clear the decks to address legislation relating to the pandemic. Since a lot of the legwork was done putting the bills together in early 2020, there is a good chance a lot of those bill ideas will come back in 2021.
Barstow Veterans Home:
The State budget that was passed in June provided a process that must be followed by CalVet in determining the fate of the Barstow Veterans Home. Part of the process called for stakeholder input. There was a CalVet stakeholder call last month which we monitored on behalf of our clients. CalVet will release the findings of the community input in early 2021.
More info on legislation text, analyses, votes, etc. at:
For more information on these bills such as the language, amendments, votes, history, and committee analyses, go to: https://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml
Legislation CALMOAA took positions on in 2020:
- Some bills began in 2019 and became 2-year bills.
- “Failed Deadline” status means the bill died because it did not move through the process by the legislative deadlines. This year, it was mostly because legislators were asked to shelve their bills that did not address the pandemic crisis.
- “Approved by the Governor” status means that the bill has been signed in to law and will take effect January 1 unless stated otherwise in the bill’s language.
- “Vetoed” status means the Governor did not sign the bill and it will not become law.
- “Chaptered by the Secretary of State” status means that a Senate Concurrent Resolution (SCR) or Assembly Concurrent Resolution (ACR) was passed by the Legislature and sent directly to the Secretary of State for official posting. The Governor’s signature is not required on SCR’s and ACR’s.
| AB 240 | (Irwin D) Veterans’ homes: lease of property. |
| Status: 9/11/2020-Approved by the Governor. Chaptered by Secretary of State – Chapter 61, Statutes of 2020. | |
| Summary: Current law establishes the Veterans’ Home of California system for the operation of veterans’ homes at various sites. Current law sets forth the duties of the Department of Veterans Affairs regarding the administration and regulation of veterans’ homes. Current law authorizes the Director of General Services to lease or let any real property held by the department for a home, as specified, to any entity or person upon terms and conditions determined to be in the best interests of the home. This bill would prohibit a lease or let from exceeding 5 years, unless the lessee is a local government or a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families, or the contract for the lease was executed before January 1, 2021. MOAA Position Support |
| AB 694 | (Irwin D) Veterans Housing and Homeless Prevention Bond Act of 2022. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. APPR. on 6/11/2020) | |
| Summary: Would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 to authorize the issuance of bonds in an amount not to exceed $600,000,000 to provide additional funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the same manner as the 2014 bond act. MOAA Position Support |
| AB 1258 | (Salas D) Personal income taxes: exclusion: servicemembers. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. DEAD on 1/31/2020) | |
| Summary: Would, for taxable years beginning on or after January 1, 2020, and before January 1, 2030, would exclude from gross income active duty pay received by a servicemember while on active duty in this state and military retirement pay received during the applicable time period, as defined, after being honorably discharged. MOAA Position Support |
| AB 1376 | (Ramos D) Civil service: veterans’ preference: background checks. |
| Status: 8/21/2020-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. 2 YEAR on 8/30/2019) | |
| Summary: Would amend veterans’ preference provisions to require the Department of Human Resources to collaborate with specified state entities to establish a veterans’ preference to be applied to employment opportunities within the field of cybersecurity that require a background check. The bill would require a state agency, as defined, that hires for a position in cybersecurity that requires a background check to apply the veterans’ preference and to establish a uniform hiring policy for veterans who have held a security clearance in the last year and have left the military in good standing or were honorably discharged. The bill would request the Regents of the University of California to enact for the University of California veterans’ preference provisions that are equivalent to the veterans’ preference provisions added by the bill. MOAA Position Support |
| AB 1809 | (Cervantes D) Disabled veteran business enterprises. |
| Status: 8/21/2020-Failed Deadline pursuant to Rule 61(b)(15). (Last location was S. 2 YEAR on 8/30/2019) | |
| Summary: Commencing March 1, 2020, and until March 1, 2024, would authorize a state agency to award a contract for services or information technology that has an estimated value of between $5,000 and $500,000 to a certified small business, including a microbusiness, or to a DVBE, as long as the agency obtains price quotations from 2 or more certified small businesses or 2 or more DVBEs. The bill would specify that a certified small business or DVBE that utilizes this process as an alternative to the competitive bidding requirements may not also receive the small business preference or the DVBE participation incentive, as specified. MOAA Position Support |
| AB 1911 | (Maienschein D) State agencies: veterans. |
| Status: 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was V. A. on 1/17/2020) | |
| Summary: Current law requires, as of July 1, 2014, every state agency that requests on any written form or written publication, or through its internet website, whether a person is a veteran, to request that information in a specified manner. This bill would delete the above-described provisions and instead would require each state agency, among other things, to include questions on its intake forms to determine whether an applicant is affiliated with the United States Armed Forces. The bill would require the state agency, through the intake form, to request permission from that person to transmit their contact information to the Department of Veterans Affairs so that the person may be notified of potential eligibility to receive state and federal veterans benefits. MOAA Position Support |
| AB 1935 | (Voepel R) Veterans: mental health. |
| Status: 8/18/2020-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. V. A. on 7/1/2020) | |
| Summary: Would require the Department of Veterans Affairs to establish a program to fund, upon appropriation by the Legislature, an academic study of mental health among women veterans in California, as specified. The bill would require the department to submit a report summarizing the findings and recommendations of the study to the Legislature no later than July 31, 2022. MOAA Position Support |
| AB 2192 | (Committee on Veterans Affairs) Governor’s Military Council. |
| Status: 9/11/2020-Approved by the Governor. Chaptered by Secretary of State – Chapter 74, Statutes of 2020. | |
| Summary: Current law establishes the Governor’s Military Council that advises the Governor on efforts to retain military installations and operations within the state. Members of the council are appointed by the Governor and include bipartisan representatives from both houses of the Legislature, as specified. Current law repeals the law establishing the council on January 1, 2021.This bill would extend that repeal date to January 1, 2026. MOAA Position Support |
| AB 2380 | (Choi R) Income taxation: exclusion: military survivor benefits. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. REV. & TAX on 2/27/2020) | |
| Summary: Would, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, provide an exclusion from gross income for all survivor benefits or payments received on or after January 1, 2020, and before January 1, 2025, under the federal Survivor Benefit Plan. The bill would require the Franchise Tax Board to submit a report to the Legislature on the income brackets of taxpayers who claimed this exclusion, and would provide findings and declarations relating to the goals, purposes, and objectives of this exclusion. MOAA Position Support |
| AB 2494 | (Choi R) Postsecondary education: course credit for prior military education, training, and service. |
| Status: 8/18/2020-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. ED. on 6/23/2020) | |
| Summary: Would require the Office of the Chancellor of the California State University, in collaboration with the Academic Senate of the California State University, and request the University of California, to develop, by September 1, 2021, a consistent policy to award military personnel and veterans who have an official Joint Services Transcript course credit similar to the policy developed by the Office of the Chancellor of the California Community Colleges under existing law. The bill would also require that each campus of the California State University, and request that the University of California, have, by December 31, 2022, a policy consistent with the respective policies developed by the Office of the Chancellor of the California State University and the University of California and post on its internet website the most recent policy adopted pursuant to the bill. MOAA Position Support |
| AB 2549 | (Salas D) Department of Consumer Affairs: temporary licenses. |
| Status: 8/18/2020-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. B., P. & E.D. on 7/1/2020) | |
| Summary: Current law requires a board within the Department of Consumer Affairs to issue, after appropriate investigation, certain types of temporary licenses to an applicant if the applicant meets specified requirements, including that the applicant supplies evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders and the applicant holds a current, active, and unrestricted license that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profession or vocation for which the applicant seeks a temporary license from the board. Current law authorizes a board to adopt regulations necessary to administer these provisions. This bill would expand that requirement to issue temporary licenses to include licenses issued by the Veterinary Medical Board, the Dental Board of California, the Dental Hygiene Board of California, the California State Board of Pharmacy, the State Board of Barbering and Cosmetology, the Board of Psychology, the California Board of Occupational Therapy, the Physical Therapy Board of California, and the California Board of Accountancy. MOAA Position Support |
| AB 2613 | (Obernolte R) Driver’s licenses: veteran designation. |
| Status: 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was TRANS. on 3/2/2020) | |
| Summary: Current law allows an in-person applicant for a driver’s license or identification card to request the word “VETERAN” be printed on the face of the driver’s license or identification card, subject to certain requirements, including, among others, verification of veteran status, as specified, and payment of a $5 fee, which the department is authorized to increase by regulation, in an amount not to exceed $15, as specified. Current law prohibits a fee from being charged for that request if made by (1) a person who has been determined to have a current income level that meets the eligibility requirements for specified assistance programs, or (2) a person who can verify their status as a homeless person, in accordance with specified provisions. This bill would make the payment of a fee by any veteran inoperative no later than July 1, 2021, and repeal the law on January 1, 2022, thereby indefinitely requiring the department to make a veteran designation on a verified applicant’s license, without charge. MOAA Position Support |
| AB 2688 | (Cervantes D) Veterans: veterans service officers. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. V. A. on 3/2/2020) | |
| Summary: Would appropriate $11,000,000 on July 1, 2020, and annually thereafter, from the General Fund to the Department of Veterans Affairs for allocation to counties for county veterans service officers based upon a workload unit performance formula to be developed by the department. This bill would also require the department to develop performance metrics to demonstrate the effective use of appropriated funds. Finally, this bill would require the department to submit the annual report of county veterans service officer activities by November 15 of each year, and to include the new performance metrics within the report. MOAA Position Support |
| AB 2918 | (Salas D) Suicide prevention: military. |
| Status: 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was HEALTH on 3/12/2020) | |
| Summary: Would direct the State Department of Public Health to establish an Ending Military Suicide Task Force to systematically reduce military suicides and to develop a plan to eliminate all military suicides in the state, as specified. MOAA Position Support |
| AB 3045 | (Gray D) Department of Consumer Affairs: boards: veterans: military spouses: licenses. |
| Status: 8/18/2020-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. B., P. & E.D. on 7/1/2020) | |
| Summary: Current law requires a board within the Department of Consumer Affairs to issue, after appropriate investigation, certain types of temporary licenses to an applicant if the applicant meets specified requirements, including that the applicant supplies evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders and the applicant holds a current, active, and unrestricted license that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profession or vocation for which the applicant seeks a temporary license from the board. This bill would require boards not subject to the temporary licensing provisions described above to issue licenses to an applicant if the applicant meets specified requirements, including that the applicant supplies evidence satisfactory to the board that the applicant is an honorably discharged veteran of the Armed Forces of the United States or is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States, as provided. MOAA Position Support |
| AB 3137 | (Voepel R) Community colleges: California College Promise: members of the Armed Forces of the United States. |
| Status: 9/28/2020-Approved by the Governor. Chaptered by Secretary of State – Chapter 226, Statutes of 2020. | |
| Summary: Would require that a student who is a member of the Armed Forces of the United States, as defined, and is called to duty as specified, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The bill would also provide that the time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise. MOAA Position Support |
| AB 3300 | (Santiago D) Homelessness: California Access to Housing and Services Act. |
| Status: 8/18/2020-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. HOUSING on 7/1/2020) | |
| Summary: By executive order, the Governor required the Department of Finance to establish the California Access to Housing and Services Fund, administered by the State Department of Social Services, to provide funding for additional affordable housing units, providing rental and operating subsidies, and stabilizing board and care homes. This bill, the California Access to Housing and Services Act, would establish the California Access to Housing and Services Fund in the State Treasury and continuously appropriate moneys in the fund solely for the purpose of implementing and administering the bill’s provisions. MOAA Position Support if Amended |
| AB 3371 | (Committee on Veterans Affairs) Veteran suicides: report. |
| Status: 9/11/2020-Approved by the Governor. Chaptered by Secretary of State – Chapter 77, Statutes of 2020. | |
| Summary: Current law requires the State Department of Public Health to implement an electronic death registration system and to access data within the system to compile a report on veteran suicide in California that includes information on the veterans’ ages, sexes, races or ethnicities, and methods of suicide. Current law requires the department to provide that report annually to the Legislature and the Department of Veterans Affairs. This bill would require that report to include information on the counties of residence of the veterans, and would authorize the report to include additional information. MOAA Position Support |
| ACA 9 | (Voepel R) Veterans Support Stabilization Account. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. PRINT on 2/19/2019) | |
| Summary: Would create the Veterans Support Stabilization Account in the General Fund, and require the annual budget to allocate 0.5% of the funding allocated for the purpose of services for veterans to be allocated to the Veterans Support Stabilization Account. The measure would prohibit funds transferred to the Veterans Support Stabilization Account from being appropriated unless the Governor issues a proclamation declaring a budget emergency and the funds are used to provide for the support of services for veterans. MOAA Position Support |
| ACR 37 | (Garcia, Eduardo D) Marine Corporal Erik H. Silva Memorial Bridge. |
| Status: 7/11/2019-Chaptered by Secretary of State – Chapter 121, Statutes of 2019 | |
| Summary: This measure would designate the Alamo River Bridge on the Evan Hewes Highway (State Route 115) at the entry to the City of Holtville, California, as the Marine Corporal Erik H. Silva Memorial Bridge. The measure would request the Department of Transportation to determine the cost for appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs. MOAA Position Support |
| SB 222 | (Hill D) Discrimination: veteran or military status. |
| Status: 10/8/2019-Approved by the Governor. Chaptered by Secretary of State. Chapter 601, Statutes of 2019. | |
| Summary: Would state findings and declarations of the Legislature regarding the importance of housing for veterans and its priority, and declare that housing discrimination on the basis of veteran or military status is against public policy. This bill contains other related provisions and other existing laws. MOAA Position Support |
| SB 500 | (Morrell R) Veterans: education. |
| Status: 8/21/2020-Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. 2 YEAR on 8/30/2019) | |
| Summary: This bill would require the Department of Veterans Affairs to establish an education assistance program to provide housing and tuition assistance to disabled veterans attending graduate school in the State of California if their eligibility for federal education assistance has expired. The bill would, upon appropriation by the Legislature, require the department to provide tuition assistance and a housing allowance to disabled veterans while they attend specified graduate schools in the State of California, as specified. MOAA Position Support |
| SB 534 | (Bradford D) Insurers: minority, women, LGBT, veteran, and disabled veteran business enterprises. |
| Status: 9/5/2019-Approved by the Governor. Chaptered by Secretary of State. Chapter 249, Statutes of 2019. | |
| Summary: Current law requires each admitted insurer with premiums written equal to or in excess of $100,000,000 to provide information to the Insurance Commissioner on all of its community development investments and community development infrastructure investments in California.This bill would require those insurers to also report to the commissioner on their minority, women, LGBT, veteran, and disabled veteran-owned business procurement efforts, as specified. Under the bill, a failure to report the information by the reporting deadline would subject the admitted insurer to civil penalties to be fixed and enforced by the commissioner, as provided. MOAA Position Support |
| SB 562 | (Morrell R) Property taxation: exemption: principal residence: veterans and their unmarried surviving spouses. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. REV. & TAX on 6/6/2019) | |
| Summary: Current property tax law, pursuant to the authorization of the California Constitution, provides a disabled veteran’s property tax exemption for the principal place of residence of a veteran, the veteran’s spouse, or the veteran and veteran’s spouse jointly, and the unmarried surviving spouse of a veteran, as provided, if the veteran is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled as a result of injury or disease incurred in military service, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. This bill, for the 2020–21 fiscal year to the 2029–30 fiscal year, inclusive, would increase these exemption amounts to $200,000, or $250,000 if the household income of the claimant does not exceed $65,000, as adjusted for inflation. MOAA Position Support |
| SB 588 | (Archuleta D) Public contracts: Disabled Veteran Business Enterprise Program. |
| Status: 9/11/2020-Approved by the Governor. Chaptered by Secretary of State. Chapter 80, Statutes of 2020. | |
| Summary: Under current law, the Department of General Services, except in the case of contracts for professional bond services, is the administering agency of the California Disabled Veteran Business Enterprise Program, which requires state agencies and all other state entities contracting for materials, supplies, equipment, alteration, repair, or improvement to have at least 3% participation goals for disabled veteran business enterprises (DVBEs), as defined. Current law requires an awarding department, upon completion of an awarded contract for which a commitment to achieve a DVBE goal was made, to require the prime contractor that entered into a subcontract with a DVBE to certify to the awarding department specified information relating to amounts paid under the contract, as specified. This bill would require an awarding department, on a contract entered into on or after January 1 2021, to withhold $10,000, or the full payment if it is less than $10,000, from the final payment on a contract until that certification is received by the awarding department. MOAA Position Support |
| SB 725 | (Rubio D) Veterans rental housing. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. V. A. on 6/6/2019) | |
| Summary: Current law creates the Veterans Housing and Homeless Prevention Act of 2014, to provide for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability. This bill would require the department to establish a rental housing assistance program to provide financial assistance to veterans seeking rental housing, based on the needs of the veterans. MOAA Position Support |
MOAA Position Support
| SB 907 | (Archuleta D) Child abuse or neglect investigation: military notification. |
| Status: 9/28/2020-Approved by the Governor. Chaptered by Secretary of State. Chapter 233, Statutes of 2020. | |
| Summary: Would require a county child welfare department investigating a case of child abuse or neglect to determine if the parent or guardian is an active duty member of the Armed Forces of the United States. The bill would authorize the county child welfare department to develop and adopt memoranda of understanding with military installations that would govern the investigation of allegations of child abuse or neglect against active duty service members, as specified. The bill would specify that these provisions do not limit or change the responsibilities of a county child welfare department with respect to investigations of, or responses to, allegations of abuse or neglect. MOAA Position Support |
| SB 1007 | (Hueso D) Personal income taxes: exclusion: uniformed services: retirement pay. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. GOV. & F. on 5/12/2020) | |
| Summary: The Personal Income Tax Law imposes a tax on individual taxpayers measured by the taxpayer’s taxable income for the taxable year, but excludes certain items of income from the computation of tax, including an exclusion for combat-related special compensation. This bill, for taxable years beginning on or after January 1, 2021, and before January 1, 2031, would exclude from gross income retirement pay received by a taxpayer from the federal government for service performed in the uniformed services, as defined, during the taxable year. MOAA Position Support |
| SB 1018 | (Chang R) Veterans: Governor’s Memorial Certificate. |
| Status: 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was V. A. on 2/27/2020) | |
| Summary: Would require the Department of Veterans Affairs, in consultation with the Governor, to establish a Governor’s Memorial Certificate Program to honor the memory of deceased veterans. The bill would require the program to send a Governor’s Memorial Certificate to the survivors of any deceased veteran eligible for burial in a national or state veterans’ cemetery, and would require that certificate to be accompanied by information directing survivors to county veteran service offices. MOAA Position Support |
| SB 1071 | (Wilk R) Personal income taxes: exclusion: uniformed services: retirement pay. |
| Status: 8/31/2020-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. GOV. & F. on 5/12/2020) | |
| Summary: Would, for taxable years beginning on or after January 1, 2021, and before January 1, 2031, exclude from gross income specified amounts of retirement pay received by a taxpayer from the federal government for service performed in the uniformed services, as defined, during the taxable year. MOAA Position Support |
| SB 1177 | (Jones R) Veterans’ Home of California system. |
| Status: 8/14/2020-Failed Deadline pursuant to Rule 61(b)(13). (Last location was A. V. A. on 6/18/2020) | |
| Summary: Would require the Department of Veterans Affairs to promulgate regulations that define the types of short-term uses of Veterans’ home property that are in the best interests of the homes, including the residents. The bill would prohibit the department from approving short-term use agreements that do not meet that definition. The bill would require all short-term use agreements to include conditions that protect the state’s best interests. Finally, the bill would also require the department to develop and implement a fee schedule for short-term third-party uses of veterans’ home property. MOAA Position Support |
| SB 1324 | (Allen D) Professional licenses. |
| Status: 5/29/2020-Failed Deadline pursuant to Rule 61(b)(5). (Last location was B., P. & E.D. on 5/12/2020) | |
| Summary: Would require the Department of Consumer Affairs, the Commission on Teacher Credentialing, the Department of Real Estate, and the State Department of Public Health to each place a prominently displayed military licensure icon or hyperlink on the home page of its internet website that is linked to information about each occupational board or program for licensure or certification that it administers along with additional information relating to the professional licensure of veterans, service members, and their spouses, as specified. The bill requires the Department of Veterans Affairs to have a prominently displayed military licensure icon or hyperlink at an appropriate location on its internet website that links to those websites. The bill would require an annual report to the Legislature based on information collected to satisfy this requirement. MOAA Position Support |
| SB 1383 | (Jackson D) Unlawful employment practice: California Family Rights Act. |
| Status: 9/17/2020-Approved by the Governor. Chaptered by Secretary of State. Chapter 86, Statutes of 2020. | |
| Summary: Would expand the California Family Rights Act to make it an unlawful employment practice for any employer with 5 or more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. The bill would require an employer who employs both parents of a child to grant leave to each employee. MOAA Position Support |
| SJR 7 | (Glazer D) Military and veterans. |
| Status: 6/24/2019-Chaptered by Secretary of State- Chapter 102, Statutes of 2019 Summary: This measure would urge the United States Congress to act favorably in regard to legislation to award the Congressional Gold Medal to the Merrill’s Marauders. MOAA Position Support |
(From Jeff Breiten/CALMOAA Legislation dated 4 September 2020
Good morning all:
The legislative session for this year has officially ended. Attached is the list (small due to COVID-19) of bills sponsored by CALMOAA and CSVC that cleared the legislators and have been sent to Governor’s desk for his signature.
Your State Legislators are back home so now is a good time to set up a meeting over coffee, thanking them for their support of CALMOAA and our State’s veterans. (depending on COVID-19 restrictions in your area)
Jeff
| LEGISLATION SUPPORTED BY THE CALIFORNIA STATE COMMANDERS VETERANS COUNCIL WHICH WAS RECENTLY PASSED BY THE LEGISLATURE AND SENT TO THE GOVERNOR September 3, 2020 The Legislature adjourned for the 2019-2020 legislative session on August 31. Bills that passed that process were sent to the Governor. The Governor has until September 30 to sign or veto bills. We have submitted letters to the Governor requesting his signature on these bills on behalf of your organization. If you would like to contact the Governor and voice your individual support for a particular bill or bills, there are 4 ways you can do it: 1. Email: https://govapps.gov.ca.gov/gov40mail/ There is a drop down menu you where you can select the bill #. 2. Call: (916) 445-2841 3. Fax: (916) 558-3160 4. US Mail: Governor Gavin Newsom 1303 10th Street, Suite 1173 Sacramento, CA 95814 More info: For more information on these bills such as the language, amendments, votes, history, and committee analyses, go to: https://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml Key legislative dates: Sept 30: Last day for Governor to sign or veto bills. Nov 3: General election. Dec 7: The new 2021-2022 Legislature convenes. Jan 1: Statutes signed into law in 2020 take effect (unless they were urgency bills, which take effect immediately) Going forward: The COVID-19 pandemic severely curtailed the legislative activity this year. Many good (and bad) bills were shelved to make time to address legislation relating to the pandemic. Since a lot of the legwork was done putting the bills together in early 2020, there is a good chance a lot of those bill ideas will come back in 2021. Barstow Veterans Home: The State budget that was passed in June provided a process that must be followed by CalVet in determining the fate of the Barstow Veterans Home. Part of the process called for stakeholder input. We have notified CalVet of your organization’s desire to be part of that process and there will be a tele-meeting soon between CalVet and vet org leaders. AB 240 (Irwin D) Veterans’ homes: lease of property. Status: 8/30/2020-Senate amendments concurred in. To Engrossing and Enrolling. (Enrolled Text released 9/01/2020 ) Location: 8/30/2020-A. ENROLLMENT Summary: Current law establishes the Veterans’ Home of California system for the operation of veterans’ homes at various sites. Current law sets forth the duties of the Department of Veterans Affairs regarding the administration and regulation of veterans’ homes. Current law authorizes the Director of General Services to lease or let any real property held by the department for a home, as specified, to any entity or person upon terms and conditions determined to be in the best interests of the home. This bill would prohibit a lease or let from exceeding 5 years, unless the lessee is a local government or a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families, or the contract for the lease was executed before January 1, 2021. AB 408 (Frazier D) Vehicles: disabled veterans. Status: 8/28/2020-Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. Location: 8/28/2020-A. ENROLLMENT Summary: Would require the Department of Motor Vehicles to accept a certificate from a county veterans service officer or the Department of Veterans Affairs that certifies that the applicant for a special license plate or placard is a disabled veteran. AB 2046 (Voepel R) Family law: child support. Status: 8/28/2020-Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. Location: 8/28/2020-A. ENROLLMENT Summary: Current law provides that if the person who is required to pay child support is disabled, meets certain federal eligibility requirements, and is receiving or would be eligible for certain state and federal disability payments, and the person has supplied the local child support agency with proof of eligibility or receipt of these benefits, then the order/notice to withhold income issued for the liquidation of the arrearage shall not exceed 5% of that person’s total monthly disability payments, as specified. This bill would similarly prohibit the order/notice to withhold income for the liquidation of the arrearage from exceeding 5% of a person’s total monthly disability compensation if the person who is required to pay child support is a disabled veteran receiving disability compensation from the United States Department of Veterans Affairs who meets specified income requirements and has supplied the local child support agency with proof of receipt of disability compensation and other income and assets. AB 2192 (Committee on Veterans Affairs) Governor’s Military Council. Status: 8/28/2020-Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. Location: 8/28/2020-A. ENROLLMENT Summary: Current law establishes the Governor’s Military Council that advises the Governor on efforts to retain military installations and operations within the state. Members of the council are appointed by the Governor and include bipartisan representatives from both houses of the Legislature, as specified. Current law repeals the law establishing the council on January 1, 2021.This bill would extend that repeal date to January 1, 2026. AB 3137 (Voepel R) Community colleges: California College Promise: members of the Armed Forces of the United States. Status: 8/28/2020-Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). In Assembly. Ordered to Engrossing and Enrolling. Location: 8/28/2020-A. ENROLLMENT Summary: Would require that a student who is a member of the Armed Forces of the United States, as defined, and is called to duty as specified, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The bill would also provide that the time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise. AB 3371 (Committee on Veterans Affairs) Veteran suicides: report. Status: 8/31/2020-Enrolled and presented to the Governor at 5 p.m. Location: 8/31/2020-A. ENROLLED Summary: Current law requires the State Department of Public Health to implement an electronic death registration system and to access data within the system to compile a report on veteran suicide in California that includes information on the veterans’ ages, sexes, races or ethnicities, and methods of suicide. Current law requires the department to provide that report annually to the Legislature and the Department of Veterans Affairs. This bill would require that report to include information on the counties of residence of the veterans, and would authorize the report to include additional information. SB 588 (Archuleta D) Public contracts: Disabled Veteran Business Enterprise Program. Status: 9/1/2020-Enrolled and presented to the Governor at 1 p.m. Location: 9/1/2020-S. ENROLLED Summary: Under current law, the Department of General Services, except in the case of contracts for professional bond services, is the administering agency of the California Disabled Veteran Business Enterprise Program, which requires state agencies and all other state entities contracting for materials, supplies, equipment, alteration, repair, or improvement to have at least 3% participation goals for disabled veteran business enterprises (DVBEs), as defined. Current law requires an awarding department, upon completion of an awarded contract for which a commitment to achieve a DVBE goal was made, to require the prime contractor that entered into a subcontract with a DVBE to certify to the awarding department specified information relating to amounts paid under the contract, as specified. This bill would require an awarding department, on a contract entered into on or after January 1 2021, to withhold $10,000, or the full payment if it is less than $10,000, from the final payment on a contract until that certification is received by the awarding department. SB 907 (Archuleta D) Child abuse or neglect investigation: military notification. Status: 8/30/2020-Read third time. Passed. (Ayes 63. Noes 0.) Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending. Ordered to special consent calendar. Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. Location: 8/30/2020-S. ENROLLMENT Summary: Would require a county child welfare department investigating a case of child abuse or neglect to determine if the parent or guardian is an active duty member of the Armed Forces of the United States. The bill would authorize the county child welfare department to develop and adopt memoranda of understanding with military installations that would govern the investigation of allegations of child abuse or neglect against active duty service members, as specified. The bill would specify that these provisions do not limit or change the responsibilities of a county child welfare department with respect to investigations of, or responses to, allegations of abuse or neglect. |
NATIONAL LEGISLATIVE HIGHLIGHTS
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NATIONAL LEGISLATIVE HIGHLIGHTS
Major “MOAA National issues” (website):
http://www.moaa.org/Content/Take-Action/Top-Issues/Top-Issues.aspx
THE FOLLOWING AUGUST 2020 MOAA NATIONAL LEGISLATIVE ACTIONS IN BRIEF:
1. COVID-19 NEW UPDATE: The COVID-19 pandemic is again on the rise in many USA States and in some European States; now being called the “second wave” heading into the Flu Season! Due to conflicting information floating around, it’s important that we separate “fact” from “fiction” as best as possible, including any upcoming vaccines. The best method for protection for At Risk people (low or compromised immune systems) still is the wearing a mask and maintaining a safe distance inside and outside when around other people, Make sure to keep your physician up to date. Be Safe!
2. THIS IMPORTANT BILL IS STILL PENDING: A bill to amend Title 10, US Code (Federal H333). RESULTS INTENDED ARE: This Bill Before Congress would allow military retirees also receiving VA Compensation of less than 50% to receive both VA & Military compansation. Contact your elected official’s to know your support position on this important Bill.
3. CALIFORNIA INFORMATION UPDATE: The Governor & State Congress are continuing to work to pass a new form of the existing Proposition 13. That form of the Bill will make significant changes to the current Prop 13 for Californians. The new version will make major changes to current business and property taxes annual rate. The new version will allow California to increase those taxes up to potentially 7.5% annually. Contact your representatives to voice your concerns on this action in California.
4. FIRE SEASON HERE IN CALIFORNIA: The California Fire Season is now upon us. If you have not visited the CAL-Fire website, it is recommended you do so. It most often provides information far ahead of what we see on TV. Most important: Be Prepared.
5.VOTING: Please register to vote and VOTE in the upcoming State, County, City & Presidential Elections. Your vote makes a difference. Put your OPINIONS/COMMENTS/CHOICES in writing over your signature!!!! NO VOTE means your opinions/comments/choices do not count.
PLEASE STAY SAFE.
STAY UP-TO-DATE by regularly checking the MOAA NATIONAL WEBSITE for MOAA’s actions on these and other 2020 initiatives.
Additionally,
Here are some Federal Legislation to act on
H.R. 5610, Fair Care for Vietnam Veterans Act”
Representatives Josh Harder (CA) and Pete Stauber (MN) have introduced the “Fair Care for Vietnam Veterans Act” (H.R. 5610) that would increase the presumptive conditions linked to exposure of the Agent Orange herbicide to include parkinsonism, bladder cancer, hypertension, and hyperthyroidism. In October 2019, it was revealed that White House officials impeded the inclusion of these diseases as presumptive conditions despite a recommendation from former Secretary of Veterans Affairs David Shulkin that they be added.
Currently, Vietnam Veterans (including those that served of the coast of Vietnam) with specific health care problems developed as the result of exposure to Agent Orange during their service get “presumptive” access to benefits at the VA. However, some health problems, which have been linked to Agent Orange exposure by the research done by the National Academy of Medicine in 2016 are not covered. The decision to ignore the results of real scientific evidence and wait on the outcome of other studies means dragging out care for over 83,000 Vietnam veterans struggling with bladder cancer, Parkinsonism, hypertension, or hypothyroidism who must struggle without the benefits they deserve
Please ask Representative Scott Peters to support this bill; https://scottpeters.house.gov/contact/email-me
S. 4166, Ensuring Survivors Benefits during COVID-19 Act of 2020
As a result of the COVID-19 pandemic, more than 150,000 Americans have died, many of them veterans. It is feared that some of the survivors of these veterans will be denied benefits because of a death certificate that lists the cause of death as COVID-19 and does not mention the service-connected conditions that may have contributed to their cause of death.
On July 2, 2020, Senators Kyrsten Sinema (AZ) and Senator Thom Tillis (NC) introduced S. 4166, the Ensuring Survivors Benefits during COVID-19 Act, which would address this issue by requiring the Department of Veterans Affairs seek a medical opinion in the case of any veteran who has a service-connected condition and who passes away due to the coronavirus. This medical opinion could be crucial in obtaining survivors’ benefits.
Please ask Your Senators to support this bill.
Senator Dianne Feinstein: https://www.feinstein.senate.gov/public/index.cfm/e-mail-me
Senator Kamala Harris: https://www.harris.senate.gov/contact
S. 4393, Support the Veterans Toxic Exposure Bill
Exposure to toxins, whether herbicides or fumes of chemicals from a burn pits, has long been an issue facing certain service members both at home and abroad. Years of research has produced reports of the debilitating health problems and, in some cases, deaths attributed to exposure to these toxins. Sen. Thom Tillis (NC) recently introduced a comprehensive bill to cover all possible toxicants developed by the TEAM (Toxic Exposure in the American Military) Coalition, which includes FRA. “The Toxic Exposure in the American Military Act”(TEAM Act – S.4393) expands access to preventative and diagnostic services for veterans exposed to toxins and establishes an independent scientific commission tasked with researching the health effects of such toxic exposure and reporting its findings to the Department of Veterans Affairs (VA) and Congress.
Please ask Representative Scott Peters to support this bill. https://scottpeters.house.gov/contact/email-me
Don’t exclude Retirees and Military Dependents from MTFs!
The Pentagon released a plan that, if fully implemented, would significantly restructure the military health system’s responsibilities in the continental U.S. over the next several years. The plan includes 50 existing Military Treatment Facilities whose services would change in some way. Many of these MTFs would exclude retirees and dependents of active duty service members from seeking care. The Defense Health Agency estimates that 84,000 active duty family members and 110,000 military retiree beneficiaries will be impacted by military treatment facility downsizing proposal. Many TRICARE beneficiaries believe these changes are a reduction in their earned benefits and are worried about the impact these changes will have on their pocketbook. Retirees and their family members who are switched from MTFs to the TRICARE network care would face out-of-pocket cost increases because they would have a co-pay fee for most of their covered services. They will also face uncertainty about the availability of specialty care and quality of care in the TRICARE network.
A provision in the House NDAA, that passed the House, would delay these restrictions for retirees and military dependents. Members can use the Action Center to weigh in on this issue.
Please ask Your Senators to support this bill.
Senator Dianne Feinstein: https://www.feinstein.senate.gov/public/index.cfm/e-mail-me
Senator Kamala Harris: https://www.harris.senate.gov/contact
S. 785, Support Veterans Suicide Prevention Bill
The Senate has approved the FRA-supported “Commander John Scott Hannon Veterans Mental Health Care Improvement Act” (S. 785). The bill is sponsored by Senators Jerry Moran (KS) and Jon Tester (MT), SVAC Chairman and Ranking member respectively. The bill is a comprehensive and aggressive approach to connect more veterans with the mental healthcare they need and earned. Their bill seeks to improve the Department of Veterans Affairs (VA) care by bolstering the VA’s mental health workforce and increasing rural or hard-to-reach veterans’ access to VA care, while making sure veterans have access to alternative and local treatment options like animal therapy, outdoor sports and activities, yoga and acupuncture. It is estimated that more than 20 veterans die by suicide every day. Of those, 14 have received no treatment or care from the VA. The Bill now goes to the House for further consideration.
Please ask our Senators to support this bill
Senator Dianne Feinstein: https://www.feinstein.senate.gov/public/index.cfm/e-mail-me
Senator Kamala Harris: https://www.harris.senate.gov/contact
S. 4412, VA Website to include the Disability Benefits Questionnaires (DBQs)
Sens. Jon Tester (D-MT) and Mike Rounds (R-SD) introduced S. 4412, to improve the ability of veterans to access and submit disability benefit questionnaire forms. This important legislation would require VA to publish Disability Benefits Questionnaires (DBQs) on a public website. DBQs were introduced in 2010 to streamline the collection of medical evidence in support of disability benefits claims. Until recently, both VA and private medical physicians were permitted to use DBQs. This April, VA removed public-facing DBQs from its website, thereby preventing private medical providers and veterans from accessing these forms.”
Please ask our Senators to support this bill
Senator Dianne Feinstein: https://www.feinstein.senate.gov/public/index.cfm/e-mail-me
Senator Kamala Harris: https://www.harris.senate.gov/contact
H.R. 7926, To allow for the Electronic Request of certain VA Records (Entire Disability Claims)
Reps. T.J. Cox (D-CA) and Chip Roy (R-TX) introduced H.R. 7926, to allow for the electronic request of certain records. This legislation would require VA to permit veterans to request copies of their entire disability claims file online. These files contain comprehensive information regarding the evidence a veteran submitted in support of a claim, information VA obtained from third parties, and a record of requests for higher-level review and supplemental claims.
Please ask Representative Scott Peters to support this bill
Congressman Scott Peters: https://scottpeters.house.gov/contact/email-me
National Defense Authorization Act (NDAA-H.R.6395/S.4049) – Additional Agent Orange Presumptive Illnesses
The Senate passed it’s version of the NDAA, which included the additional agent orange presumptives; Bladder cancer, Hypothyroidism, and Parkinsonism.
Now please ask your Representatives to support the Senate’s version of the NDAA
H.R. 7443, the Veterans Claims Transparency Act.
Legislation Introduced to Preserve 48-Hour Claims Review: Reps. Colin Allred (D-TX) and Jim Hagedorn (R-MN) introduced VFW-supported H.R. 7443, the Veterans Claims Transparency Act. This important legislation would reinstate VA’s former policy of permitting veterans service officers to review claims decisions within the 48-hours preceding promulgation to ensure all claims were properly evaluated and are error-free prior to a veteran receiving notification of a rating decision. The VFW thanks Reps. Allred and Hagedorn for introducing this important legislation, which would rightfully reinstate the 48-hour review policy. Read more.
Please ask your Representative to support this bill.
S. 4086 and H.R. 6082 Forgotten Vietnam Veterans Act
Legislation Introduced to Recognize Early Vietnam Veterans: Sens. John Boozman (R-AR) and Jon Tester (D-MT) introduced VFW-supported S. 4086, the Forgotten Vietnam Veterans Act. This important legislation is the Senate companion bill to H.R. 6082, and would allow veterans who served in the Republic of Vietnam from Nov. 1, 1955, to Feb. 27, 1961, to receive wartime benefits. “More than 3,000 veterans served in Vietnam from Nov. 1, 1955, to Feb. 27, 1961, 10 of whom were killed in action,” said VFW National Legislative Service Deputy Director Matthew Doyle. The VFW thanks Sens. Boozman and Tester for their efforts to expand benefits for veterans.
Please ask Your Representative and our Senators to support these bills
Senator Dianne Feinstein: https://www.feinstein.senate.gov/public/index.cfm/e-mail-me
Senator Kamala Harris: https://www.harris.senate.gov/contact
Congressman Scott Peters: https://scottpeters.house.gov/contact/email-me
H.R. 463 Support Military Retiree Survivor Comfort Act Amendment for NDAA
Rep. John Garamendi (CA) will file a floor amendment with the provisions of H.R. 463 to the House National Defense Authorization Act (NDAA-HR 6395) . The “Military Retiree Survivor Comfort Act” (H.R. 463) would authorize the retention of the full final month’s retired pay by the surviving spouse (or other designated survivor) for the month in which the member was alive for at least 24 hours.
Surviving spouses who are unaware that the Defense Finance and Accounting Services (DFAS) should be notified immediately on the death of the military retiree are surprised to learn of this requirement. Those who had joint bank accounts, in which retirement payments were made electronically, gave little if any thought that DFAS could swoop down and recoup any overpayments of retirement pay from such accounts. This action could easily clear the account of any funds remaining whether they were retirement payments or money from other sources.
Please ask Your Representatives this bill
House (HR 6395) and Senate (S. 4049) Support Concurrent Receipt Amendments for NDAA!
Rep. Gus Bilirakis (FL) and Sen. Jon Tester (MT) will offer floor amendments to the House (HR 6395) and Senate (S. 4049) National Defense Authorization Acts (NDAA) that would expand concurrent receipt eligibility for certain medically retired veterans seeking Combat Related Special Compensation.
FRA has long argued that retired pay and VA service-connected disability compensation are fundamentally different benefits, granted for different reasons. Military retired pay is an earned benefit for vested years of service. Service-connected disability compensation is for injury. To deny retired pay because of a disability is an injustice. Members are urged to use the Action Center to ask their legislators to support these amendments to the NDAA.
Please ask Your Representatives and Senators to support these bills._______________________________________________
NATIONAL LEGISLATIVE HIGHLIGHTS
Major “MOAA National issues” (website):
http://www.moaa.org/Content/Take-Action/Top-Issues/Top-Issues.aspx
THE FOLLOWING FEBRUARY 2020 MOAA NATIONAL LEGISLATIVE ACTIONS THAT BECAME EFFECTIVE 1 JANUARY 2020 OR LATER THIS YEAR; AS WELL AS CONTINUING ISSUES:
1. THE “WIDOWS TAX HAS BEEN REPEALED: The Widows Tax (go to MOAA National for specific information) has been repealed by Congress & signed off on by President Trump. The Offset between the VA compensation to Widows and SBP will be phased in over the next 3 years possibly beginning as early as January2021. (See notes in Surviving Spouse Info on Page 4, (Editor)).
2. STILL PENDING: A bill to amend Title 10, US Code (Federal H333).RESULTSINTENDED ARE: Bill Before Congress would allow military retirees also receiving VA Compensation of less than 50% to receive both VA & Military compensation. Again, contact your elected officials to know your support position on this important Bill.
3. PAY INCREASES PASSED BY CONGRESS & IN EFFECT 1 JANUARY 2020: Military Active Duty, Reserves, and Retirees received pay increases effective 1 January 2020. Please go to MOAA National to read the very positive results.
4. TRICARE CHANGES FOR 2020: Still ongoing. There are too many items to list, but essentially every category of military active duty family & retires costs for participation are scheduled to increase beginning this year. The Co-Pays for pharmacies used off base (civilian) are expected to increase by 40% or more. Further, DoD with the services has already changed their medicine formularies. Many you may now are receiving might no longer be available at military medical pharmacies. Ask you physician. Please read for your own planning purposes all the information on the MOAA web-site. (If you do not have access to Internet, contact a friend or relative to go to this information. Web site is listed at top of Page 1. (Editor))
STAY UP-TO-DATE by regularly checking the MOAA NATIONAL WEBSITE for MOAA’s actions on these and other INITIATIVES FOR 2019 AND NOW INTO 2020.
Keep up to date on legislative action that affects you and your world.
MOAA Legislative Action Center – moaa.capwiz.com/moaa/home
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