BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 10|
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THIRD READING
Bill No: SB 10
Author: Evans (D), et al.
Amended: 4/25/11
Vote: 27 - Urgency
SENATE VETERANS AFFAIRS COMMITTEE : 8-0, 4/12/11
AYES: Correa, Cannella, Berryhill, Calderon, Negrete
McLeod, Rubio, Runner, Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Military and veterans: Veterans' Home Allied
Council
SOURCE : Veterans Home Allied Council (Sponsor)
DIGEST : This bill provides for the establishment of a
Veterans Home Allied Council for each veterans home, and
would additionally permit each council to represent
veterans who reside in the veterans home for which the
council was established in matters before the Legislature
if each council, in the course of providing that
representation, complies with specified requirements, as
prescribed. 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.
ANALYSIS : Existing law:
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1. Military Veteran's Code (MVC) section 1050 establishes
the Veteran's
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 code reads as follows:
"The Veterans' Home Allied Council, which is
established pursuant to the
constitution of the Allied Council, Veteran's Home of
California, and
which is composed of members of the home, is hereby
recognized as an
established advisory body to the administrator."
This bill:
1. Provides for the establishment of a council for each
veterans' home.
2. Allows respective Allied Councils for California's
veterans' homes to
represent their homes in front of the legislature.
3. Requires any representation before the legislature by
the council to be
approved by a majority of the council's voting members.
4. Prohibits any council representation on behalf of
candidates or campaigns.
5. Requires any actions before the legislature to be in
line with the council's
"constitution, bylaws, and policies and procedures."
6. Code cleanup of MVC section 1050.
Comments
This bill is a reintroduction of last year's AB 2156
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(Evans), which was vetoed by the governor. AB 2156 passed
the Senate 33-0. 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
legislature.
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."
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (5/2/11)
Veterans' Home Allied Council (Source)
OPPOSITION : (5/2/11)
California State Commanders Veterans Council
ARGUMENTS IN SUPPORT : 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." SB 10 would permit the
Veterans' Home Allied Council to represent veterans who
reside in the Home in matters before the legislature.
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ARGUMENTS IN OPPOSITION : The California State Commanders
Veterans Council writes that from a historical perspective,
the Allied Council at the Yountville Home was formed to
provide residents with a venue to inform management on
issues of concern to them. It further appears that this
move to now specifically allow the Allied Council to be
able to address state legislative committees arose solely
from a proposal by the CDVA in 2009 to raise some fees on
the more affluent home residents. As you are most likely
aware, the homes generally serve our lower income Veterans,
who make up the majority of home residents. It seems now
that the singular issue of the Allied Council is that of
fees charged to residents, even though the majority of
residents are being charged reasonable and appropriate
amounts. The council feels that this bill has the
potential to turn what was formed as an advisory board to
the home administrator into an adversarial board - in
essence, allowing the Allied Council to attempt to manage
the management of the home, opposing the guidance of the
home administrator, the Department of Veterans Affairs, and
the wisdom of the CALVET board. Of course, as citizens,
any home resident or member of the Allied Council is free
to address members of the legislature with items of
concern, and we do not feel it is necessary to further
codify what is already as established citizens right. As
to the establishment of an Allied Council at each of the
other homes, we understand that this has already been
accomplished by the CDVA.
RM:rm 5/4/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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