BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 10| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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: CONTINUED SB 10 Page 2 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 CONTINUED SB 10 Page 3 (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. CONTINUED SB 10 Page 4 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 **** END **** CONTINUED