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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