Veterans’ Welfare in California

Division 8 of the California Military and Veterans Code concerns veterans’ welfare. Chapter 1 deals with solicitation for veterans’ benefits. Section 1800 defines the terms “veterans’ organizations,” “poppy,” “badge,” and “label.”

Section 1801 states that it is unlawful for any person to sell or give away any poppy, badge, or label, which appears to be offered by any veterans’ organization when it is not; to represent in any way that any poppy, badge, or label is being offered by a veterans’ organization when it is in fact not so; to represent that any act of solicitation of the contribution of funds or property is at the request of a veterans’ organization when it is not in fact so; or, to make or sell any poppy, badge, or label which appears to be offered by any veterans’ organization when it is not. In addition, any person who violates this section is guilty of a misdemeanor.

Section 1802 states that any person who solicits funds for the benefit of any veteran or veterans’ association and who uses those funds for purposes other than those represented in the solicitation is guilty of a misdemeanor.

Chapter 2 deals with veterans’ organizations and insignia. Section 1820 provides that any person who willfully wears or uses the badge, lapel button, rosette, or other recognized and estimable insignia of the veterans’ organizations, unless he or she is entitled to wear or use it, is guilty of a misdemeanor and is punishable by imprisonment for up to 30 days and a fine up to $500.

Section 1821 specifies that a person who falsely represents himself or herself is guilty of a misdemeanor or infraction.

Chapter 3 deals with prisoners of war and those missing in action. Section 1830 makes several legislative findings and declarations and those who served in wartime and are missing or capture by the enemy.

Section 1831 requires the Governor to annually proclaim the third Friday of September to be known as Prisoner-of-War/Missing-in-Action (POW/MIA) Recognition Day. The flag of the National League of POW/MIA Families (POW/MIA Flag) is a black and white banner symbolizing those members of the United States Armed Forces who are listed as POW or MIA.

The flag is required to be flown during business hours, at all state-owned buildings or facilities where the United States Flag and the California State Flag fly, if the flag can be attached to existing flagpoles or other existing structures on which the United States Flag or California Flag fly.

Additionally, the Governor and the Legislature are authorized and requested to issue proclamations calling upon the people, schools, and local governments of California to recognize POW/MIA Recognition Day with appropriate ceremonies and activities.

Chapter 4 deals with veterans in state prison. Section 1840 requires the Department of Corrections and Rehabilitation to develop guidance policies relative to the release of veterans who are inmates. The policies must be developed with the intent to assist veterans who are inmates in pursuing claims for federal veterans’ benefits, or in establishing rights to any other privilege, preference, care, or compensation provided under federal or state law because of honorable service in the military. In developing the policies, the department may coordinate with the Department of Veterans Affairs and the county veterans service officer or veterans service organizations.