Bill Text: CA AB1596 | 2015-2016 | Regular Session | Amended
Bill Title: Veterans service organizations.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1596 Detail]
Download: California-2015-AB1596-Amended.html
BILL NUMBER: AB 1596 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
AMENDED IN ASSEMBLY MARCH 10, 2016
INTRODUCED BY Assembly Member Mathis
(Principal coauthor: Assembly Member Dodd)
(Principal coauthor: Senator Anderson)
(Coauthors: Assembly Members Achadjian, Baker, Brough, Chang,
Gallagher, and Lackey)
(Coauthor: Senator Bates)
JANUARY 7, 2016
An act to amend Section 699.5 of the Military and Veterans Code,
relating to veterans, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1596, as amended, Mathis. Veteran
Veterans service organizations.
Existing law authorizes the Department of Veterans Affairs to
assist a veteran and his or her dependents or survivors to make a
claim against the United States arising out of military service and
establishing a right to a privilege, preference, care, or
compensation. Existing law authorizes the department to cooperate
and, with approval of the Department of Finance, contract with any
veterans service organization for the purpose of assisting veterans
in their claims. Existing law defines veterans service organization
for these purposes.
This bill would appropriate $3,000,000 from the General Fund to
the Department of Veterans Affairs for the purpose of grants to
veterans service organizations. The bill would require the department
to establish criteria criteria, regulations,
and reporting requirements for any organization it contracts
with pursuant to these provisions. The bill would additionally
require a veteran veterans service
organization that contracts with the department to have a presence in
this state and be registered with both the Secretary of State and
Attorney General.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 699.5 of the Military and Veterans Code is
amended to read:
699.5. (a) The department may assist every veteran of the United
States and the dependent or survivor of every veteran of the United
States in presenting and pursuing the claim as the veteran,
dependent, or survivor may have against the United States arising out
of military service and in establishing the veteran's, dependent's,
or survivor's right to any privilege, preference, care, or
compensation provided for by the laws of the United States or of this
state. The department may cooperate with and, with the approval of
the Department of Finance, contract with any veterans service
organization, and pursuant to the contract may compensate the
organization for services within the scope of this section rendered
by it to any veteran or dependent or survivor of a veteran. The
contract shall not be made unless the department determines that,
owing to the confidential relationships involved and the necessity of
operating through agencies that the veterans, dependents, or
survivors involved will feel to be sympathetic toward their problems,
the services cannot satisfactorily be rendered otherwise than
through the agency of the veterans organization and that the best
interests of the veterans, dependents, or survivors involved will be
served if the contract is made. The department shall establish
criteria for any veterans service organization it contracts with and
reporting requirements regarding any funds distributed through
contracts pursuant to this subdivision.
(b) (1) The Legislature finds and declares that services provided
by veterans service organizations play an important role in the
department's responsibilities to assist veterans and their dependents
and survivors in presenting and pursuing claims against the United
States, and that it is an efficient and reasonable use of state funds
to provide compensation to veterans service organizations for these
services.
(2) The Legislature further finds and declares that paragraph (1)
shall not be implemented by using the General Fund until the annual
budget for county veterans service officers reaches a minimum of five
million dollars ($5,000,000). This subdivision shall not be
construed to preclude the use of federal funding in implementing
these provisions.
(c) Veterans service organizations that elect to contract with the
department in accordance with this section shall document the claims
processed each year by the veterans service officers employed by the
veterans service organization at offices located in California. The
documentation shall be in accordance with procedures established by
the department.
(d) The department shall determine annually the amount of monetary
benefits paid to eligible veterans and their dependents and
survivors in the state as a result of the work of the veterans
service officers of the contracting organizations. Beginning on
January 1, 2006, the department shall, on or before January 1 of each
year, prepare and transmit its determination for the preceding
fiscal year to the Department of Finance and the Legislature. The
department shall also identify federal sources to support the efforts
of veterans service organizations pursuant to this section. The
Department of Finance shall review the department's determination in
time to use the information in the annual Budget Act for the budget
of the department for the next fiscal year.
(e) The department shall, on or before June 1, 2017, prescribe
policies, procedures, rules, and regulations necessary to implement
this section, including, but not limited to, veterans service
organization operational requirements such as data reporting systems,
the maintenance of financial records, and a data collection system
that provides documentation and justification for contracted
activities.
(e)
(f) For purposes of this section:
(1) "Survivor" means any relation of a deceased veteran who may be
entitled to make a claim for any privilege, preference, care, or
compensation under the laws of the United States or this state based
upon the veteran's war service.
(2) "Veterans service officer" means an individual employed by a
veterans service organization and accredited by the United States
Department of Veterans Affairs to process and adjudicate claims and
other benefits for veterans and their dependents and survivors.
(3) "Veterans service organization" means an organization that
meets all of the following criteria:
(A) Is formed by and for United States military veterans.
(B) Is chartered by the United States Congress.
(C) Has regularly maintained an established committee or agency in
a regional office of the United States Department of Veterans
Affairs in California rendering services to veterans and their
dependents and survivors for at least the past five years.
survivors.
(D) Has an active statewide California organization with a
presence in the state and is registered with the Secretary of State
and the Attorney General.
SEC. 2. The sum of three million dollars ($3,000,000) is hereby
appropriated from the General Fund to the department, without regard
to fiscal years, for the purpose of grants and contracts pursuant to
Section 699.5 of the Military and Veterans Code, to be awarded over a
five-year period beginning with the 2017-18 fiscal year.
