BILL NUMBER: SB 418	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 20, 2009
	PASSED THE ASSEMBLY  JULY 9, 2009

INTRODUCED BY   Committee on Veterans Affairs (Senators Denham
(Chair), Cedillo, Correa, Maldonado, Negrete McLeod, Wiggins, and
Wyland)

                        FEBRUARY 26, 2009

   An act to amend Section 699.5 of the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 418, Committee on Veterans Affairs. Department of Veterans
Affairs: contracts: veterans service organizations.
   Existing law authorizes the Department of Veterans Affairs to
assist every veteran of the United States and the dependent or
survivor of every veteran in presenting and pursuing various claims
against the United States arising out of war service, and in
establishing any rights under the laws of the United States or this
state. Existing law authorizes the department to cooperate and, with
the approval of the Department of Finance, to contract with any
veterans service organization, as defined, to pursue claims before
federal agencies, and, pursuant to the contract, the department is
authorized to compensate any veterans service organization for
services rendered by it to any veteran or dependent or survivor of a
veteran. Existing law also makes legislative findings and
declarations regarding the use of the General Fund to provide
compensation to veterans service organizations for these services
until an increase in the annual budget for county veterans service
officers has been achieved.
   This bill would revise those legislative findings and declarations
with regard to the use of General Fund moneys for that purpose until
the annual budget for county veterans service officers reaches
$5,000,000.


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 war 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 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
fail to be sympathetic towards 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.
   (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)
of this subdivision shall not be implemented by using the General
Fund until the annual budget for county veteran services 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) 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.