Legislation – California Council of Chapters Affiliated Military Officers Association of America

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.

CA-Legislators-AND-FEDERAL-w-Committees Download

CALIFORNIA LEGISLATION

(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

Major “MOAA National issues” (website):
http://www.moaa.org/Content/Take-Action/Top-Issues/Top-Issues.aspx
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.

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MOAA Current Legislation – moaa.capwiz.com/moaa/issues/bills/

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MOAA Capitol Hill Basics – moaa.capwiz.com/moaa/issues/basics/

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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.