BILL ANALYSIS Ó
SB 10
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Date of Hearing: July 13, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 10 (Evans) - As Amended: April 25, 2011
Policy Committee: Veterans
AffairsVote: 9-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill establishes a Veterans' Home Allied Council at each
veterans home in California (rather than just one home) and
specifies the councils may represent those who reside at a
veterans home in matters before the Legislature, as long as such
representation is approved by the majority of the voting members
of the Council and is done in accordance with the council's
constitution, bylaws, policies, and procedures. In addition,
the Council may not engage in any campaign or endorse any
candidates in conjunction with such representation.
FISCAL EFFECT
Minor absorbable costs, presumably special fund, to provide
nominal support to these advisory bodies.
COMMENTS
1)Rationale. Military and Veterans Code section 1050 establishes
the Veterans' Home Allied Council and establishes the council
as an advisory body to the administrator of the home. The
homes and the author contend the section is outdated in that
it does not recognize the existence of more than one veterans
home. (The state currently has five veterans homes:
Yountville, Barstow, Chula Vista, Ventura, and Lancaster. A
new home in West Los Angeles is nearing completion and new
homes for Redding and Fresno are in design.)
According to the author, the Allied Council has been advised
by CDVA that it may not represent veterans' issues directly
before the Legislature. "Veterans feel that better
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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."
2)CDVA legal concerns appear unfounded . CDVA suggests in a
recent memo that this bill may be unconstitutional, in that
Article II, Section 12 of the California Constitution states
that "No Amendment to the Constitution, and no statute
proposed to the electors by the Legislature or by initiative,
that names any individual to hold office, or names or
identifies any private corporation to perform any function or
to have power or duty, may be submitted to the electors or
have any effect."
As this bill does not do any of the above, it does not appear
to create a conflict.
CDVA also suggests that Article XVI, Section 3 - which states
in part that "No money shall ever be appropriated or drawn
from the State Treasury for the purpose or benefit of any
corporation, association, asylum, hospital, or any other
institution not under the exclusive management and control of
the State as a state institution?" - prevents funding the
Allied Council's activities.
The bill does not appropriate funding, nor does it establish a
funding scheme. Moreover, there are myriad examples of
advisory bodies in various state entities, from universities,
to prisons, to hospitals, that receive nominal state or
special fund support.
3)Previous legislation , SB 2156 (Evans) was similar and was
vetoed. Gov. Schwarzenegger stated, "This bill is unnecessary.
There are numerous advocacy organizations that represent the
interests of California veterans. In addition, if a resident
at a state veteran's home wishes to voice their concerns to
the Legislature, they are currently free to do so."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
SB 10
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