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 Page 2 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 Page 3 None received Page 4