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AB-305 Veteran services: notice.(2021-2022)

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Date Published: 01/25/2021 02:00 PM
AB305:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 305


Introduced by Assembly Member Maienschein

January 25, 2021


An act to repeal and add Section 11019.11 of the Government Code, relating to veterans.


LEGISLATIVE COUNSEL'S DIGEST


AB 305, as introduced, Maienschein. Veteran services: notice.
Existing law requires 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 that requirement, and would instead require specified governmental agencies to include, at their next scheduled update, questions on their intake and application forms to determine whether a person is affiliated with the Armed Forces of the United States. The bill would require those agencies, through the intake or application 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.
This bill would require the agencies to electronically transmit to the Department of Veterans Affairs specified information regarding each person who has identified that they, or a family member, has served in the Armed Forces of the United States and has consented to be contacted about military, veterans, family member, or survivor benefits. By requiring community college districts to comply with these requirements, this bill would impose a state-mandated local program.
This bill would request the Regents of the University of California to comply with the above-described provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11019.11 of the Government Code is repealed.
11019.11.

(a)Every state agency that requests on any written form or written publication, or through its Internet Web site, whether a person is a veteran, shall request that information only in the following format: “Have you ever served in the United States military?”

(b)This section shall apply only to a written form or written publication that is newly printed on or after July 1, 2014.

SEC. 2.

 Section 11019.11 is added to the Government Code, to read:

11019.11.
 (a) Each agency named in subdivision (d) shall include all of the following on any intake or application form at the next scheduled update of their intake or application forms:
(1) An option for a person to indicate whether they are affiliated with the Armed Forces of the United States by asking both of the following:
(A) “Have you ever served in the United States military?”
(B) “Has an immediate family member ever served in the United States military?”
(2) An option for a person who identifies as being military affiliated, as provided in paragraph (1), to give their consent to be contacted regarding eligibility to receive state or federal veterans benefits by including the following statement:
“I consent to this agency transmitting my name, email address, mailing address, and mobile telephone number to the Department of Veterans Affairs for this purpose only, and only after I have been notified that this transmittal will occur.”
(3) Each intake or application form shall also include a statement of potential eligibility to receive state and federal services, with contact information for the Department of Veteran Affairs.
(b) Each agency shall electronically transmit to the Department of Veterans Affairs all of the following information if provided regarding each person who has identified that they or a family member has served in the Armed Forces of the United States since the last data transfer and has consented to be contacted about military, veterans, family member, or survivor benefits, pursuant to subdivision (a):
(1) True, full name.
(2) Email address.
(3) Mailing address.
(4) Mobile telephone number.
(c) Information obtained by the Department of Veterans Affairs pursuant to this section shall be used only to assist individuals in accessing benefits and shall not be disseminated except as needed for that purpose.
(d) The following agencies shall abide by the requirements of this section:
(1) The California Community Colleges, and the Board of Governors of the California Community Colleges.
(2) The California Department of Aging.
(3) The State Department of Developmental Services.
(4) The California Housing Finance Agency.
(5) The California State University.
(6) The Department of Community Services and Development.
(7) The Department of Fish and Wildlife.
(8) The Department of Motor Vehicles.
(9) The Department of Rehabilitation.
(10) The Employment Development Department.
(11) The State Department of Health Care Services.
(12) The State Department of Social Services.
(13) The University of California, as set forth in subdivision (e).
(e) The Regents of the University of California are requested to comply with this section. This section shall apply to the University of California if the Regents adopt a resolution consenting to be subject thereto.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.