Bill Text: CA AB2085 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Military and veterans: legal aid.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-09-14 - Vetoed by Governor. [AB2085 Detail]

Download: California-2015-AB2085-Amended.html

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BILL NUMBER: AB 2085	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  APRIL 4, 2016

INTRODUCED BY   Assembly Member Irwin

                        FEBRUARY 17, 2016

   An act  to amend Section 51 of, and  to add and
repeal Section 59.5  of,   of  the Military
and Veterans Code, relating to military and veterans.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2085, as amended, Irwin. Military and veterans: legal aid.
   Existing law establishes the California Military Department, which
includes the Office of the Adjutant General, the California National
Guard, the State Military Reserve, the California Cadet Corps, and
the Naval Militia.
   This bill would, upon appropriation by the Legislature, create the
Office of Military Legal Assistance within the Military Department.
The bill would require the office to assist current servicemembers in
the state who require legal assistance by providing access to
educational and informational resources and by providing referral
services to available legal assistance programs, including reduced
fee services, pro bono services, and self-help services. The bill
would, subject to the provisions described above, authorize the
office to provide assistance in legal areas including, but not
limited to, the federal Servicemembers Civil Relief Act, the federal
Uniformed Services Employment and Reemployment Rights Act, consumer
protection, and landlord-tenant issues. This bill would make these
provisions inoperative on July 1, 2022, and would repeal them as of
January 1, 2023.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) Attorneys in California are needed to assist active duty
servicemembers and reservists with legal matters. Military personnel
are often presented with legal challenges due to the requirements of
their service, such as frequent relocation, interrupted employment,
financial need, and strain on family life, among others.
   (b) While some legal services are provided to servicemembers
through their respective service's Judge Advocates General (JAG),
there is a gap in service for a variety of legal issues, particularly
in civil law, because JAGs are prohibited from representing
servicemembers in civilian court in almost all cases. The primary
legal areas with which servicemembers require assistance include the
Uniformed Services Employment and Reemployment Rights Act, the
Servicemembers Civil Relief Act, family law, consumer fraud, property
and landlord issues, naturalization and immigration, creditor and
debtor issues, and predatory lending. 
  SEC. 2.    Section 51 of the Military and Veterans
Code is amended to read:
   51.  The Military Department includes the office of the Adjutant
General, the California National Guard, the State Military Reserve,
the California Cadet Corps, the Naval Militia, and the Office of
Military Legal Assistance. 
   SEC. 3.   SEC. 2.   Section 59.5 is
added to the Military and Veterans Code, to read:
   59.5.  (a) The Office of Military Legal Assistance is hereby
created in the Military Department. The office shall assist current
servicemembers in the state who require legal assistance by providing
access to educational and informational resources and by providing
referral services to available legal assistance programs, including
reduced fee services, pro bono services, and self-help services.
   (b) Subject to subdivision (a), the office may provide assistance
in legal areas, including, but not limited to, the federal
Servicemembers Civil Relief Act, the federal Uniformed Services
Employment and Reemployment Rights Act, consumer protection, and
landlord-tenant issues.
   (c) This section shall become effective only upon appropriation of
funds by the Legislature for the purposes described in this section.

   (d) This section shall become inoperative on July 1, 2022, and, as
of January 1, 2023, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2023, deletes or
extends the dates on which it becomes inoperative and is repealed.