BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
LOU CORREA, CHAIRMAN
Bill No: SB 10
Author: Evans
Version: As Introduced
Hearing Date: April 12, 2011
Fiscal: Yes
Consultant: Donald E. Wilson
SUBJECT OF BILL
Allied Councils and veterans' homes representation before
the legislature.
PROPOSED LAW
This bill is intended to allow the Allied Council at one of
the California Veterans Homes to represent veterans from
those homes in front of the legislature.
According to the author, "Veterans feel that better
communication with CDVA is possible and necessary and that
in order to negotiate on their behalf, the Allied Council
must have clear authority to speak for Home members?.SB 10
would permit the Veterans' Home Allied Council to represent
veterans who reside in the Home in matters before the
legislature."
Specifically this bill does the following-
1. Allows respective Allied Councils for California's
veterans' homes to represent their homes in front of
the legislature.
2. Requires any representation before the legislature
by the council to be approved by a majority of the
council's voting members.
3. Prohibits any council representation on behalf of
candidates or campaigns.
4. Requires any actions before the legislature to be
in line with the council's "constitution, bylaws, and
policies and procedures."
5. Code cleanup of Military and Veterans Code (MVC)
section 1050.
EXISTING LAW AND BACKGROUND
1. MVC Code section 1050 establishes the Veterans'
Home Allied Council and establishes the council as an
advisory body to the administrator of the home. At
one point, Yountville was the only veterans' home and
at that time the council was an advisory body to the
home's commandant.
2. MVC section 1050 reads as follows:
"The Veterans' Home Allied Council, which is
established pursuant to the constitution of the Allied
Council, Veterans' Home of California, and which is
composed of members of the home, is hereby recognized
as an established advisory body to the administrator."
COMMENT
1. This bill is a reintroduction of last year's AB 2156
(Evans), which was vetoed by the governor.
2. AB 2156 passed this committee unanimously in 2010 and
passed the Senate 33-0.
3.This legislation was introduced in 2010 because veterans
at the Yountville home say that CDVA's legal counsel has
opined that the council is not allowed to address the
legislature as a body. Allegedly counsel has told
veterans they can represent themselves before the
legislature but not represent the home before the
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legislature.
4.According to the author's office CDVA is interpreting the
code as the following "the Allied Council is only 'an
advisory body' and cannot represent veterans' interest
directly to the Legislature."
5.According to a letter received by the committee from the
Allied Council, recent changes to the constitution of the
Allied Councils of the Veterans' Homes of California
prohibits any "partisan political activity." Recent
amendments to this bill codify that prohibition.
6.Veterans from the home maintain that due to the severe
conditions of some residents and/or the advanced age of
others that many-especially at the Yountville home, which
has several levels of care-are unable to have their
voices heard, and the only way to remedy this situation
is to allow the council to speak for residents as a body.
According to the author's office, "Veterans feel that
better communication with CDVA is possible and necessary
and that in order to negotiate on their behalf, the
Allied Council must have clear authority to speak for
Home members."
7.Under the bylaws of the Allied Council there are members
who represent those who cannot necessarily always
represent themselves such as a member from the Eisenhower
building and the McKinley building. (Both buildings are
higher levels of care.)
8. In his veto message last year, Governor Schwarzenegger
said, "if a resident at a state veteran's home wishes to
voice their concerns to the Legislature, they are
currently free to do so." Ýsic]
SUPPORT
None received
OPPOSE
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None received
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