BILL ANALYSIS Ó
SB 10
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SENATE THIRD READING
SB 10 (Evans)
As Amended April 25, 2011
2/3 vote. Urgency
SENATE VOTE :37-0
VETERANS AFFAIRS 9-0 APPROPRIATIONS 16-0
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|Ayes:|Cook, Pan, Atkins, Block, |Ayes:|Fuentes, Harkey, |
| |Nielsen, V. Manuel Pérez, | |Blumenfield, Bradford, |
| |Williams, Yamada, Beth | |Charles Calderon, Campos, |
| |Gaines | |Davis, Donnelly, |
| | | |Dickinson, Hall, Hill, |
| | | |Lara, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : This bill would provide for the establishment of a
Veterans' Home Allied Council for each veterans' home. Each
home's Allied Council would represent veterans who reside in
that home in matters before the Legislature provided certain
specified requirements, are met. Specifically, this bill :
1)Allows respective Allied Councils for California's veterans
homes to represent their homes before the Legislature.
2)Requires any representation before the Legislature by a
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 accord
with the council's "constitution, bylaws, and policies and
procedures."
5)Performs code cleanup of Military and Veterans Code (MVC)
Section 1050.
6)Contains an urgency clause, allowing the bill to take effect
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immediately upon enactment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable costs, presumably special fund, to
provide nominal support to these advisory bodies.
COMMENTS : According to the author, "The California Department
of Veterans Affairs (CDVA) is interpreting the ÝMilitary and
Veterans] code to read that the Allied Council is "only an
advisory body" and cannot represent veterans' interests directly
to the Legislature. The Allied Council has been advised by the
Home administrator that it may not represent veterans' issues
directly before the legislature. 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."
According to the CDVA, this bill is constitutionally flawed in
two respects. First, the CDVA contends that the bill if enacted
would violate Article II, Section 12 of the California
Constitution. As set forth above, that article states, "No
amendment to the Constitution, and no statute proposed to the
electors by the Legislature that? identifies any private
corporation to perform any function or to have any power or
duty, may be submitted to the electors or have any effect." In
summary, the CDVA argues that the Allied Council, as a private
entity, would be performing a private function when addressing
the Legislature and would be assigned specific powers and
duties, thus violating the Constitution. In addition, the CDVA
asserts that the use of public funds to support the Allied
Council's political activity is prohibited by the Article XVI,
Section 3 of the California Constitution, as the political
activities of the Allied Council are not managed or controlled
by the state.
The bill substantially alters the role of the Councils.
Conceived as internal advisory bodies to the administrator of
each home on issues concerning the operation of that home, the
Councils will now be direct advocates to the Legislature. When
all the currently planned homes are complete, there could be
eight Allied Councils, one at each home.
PREVIOUS VETO : AB 2156 (Evans) of 2010, with substantially the
same language, passed both houses of the Legislature but was the
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subject of a veto last session. In his veto message of AB 2156,
Governor Schwarzenegger said, "I am returning Assembly Bill 2156
without my signature. 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 : John Spangler / V. A. / (916) 319-3550
FN: 0001724