BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 717|
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THIRD READING
Bill No: AB 717
Author: Chávez (R)
Amended: 9/5/13 in Senate
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 6/11/13
AYES: Hueso, Knight, Block, Correa, Lieu, Nielsen, Roth
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote
SUBJECT : Veterans
SOURCE : California State Commanders Veterans Council
DIGEST : This bill requires the California Veterans Board
(Board) to serve as an advisory body to the Secretary of the
Department of Veterans of Affairs (CalVet Secretary) and the
department, and eliminates certain qualifications to be a member
of the Board, and requires every Board member to be a member in
good standing with a congressionally chartered veteran service
organization. Requires CalVet to respond to the Board regarding
the Board's proposed policy changes, prior to the Board's next
scheduled meeting. This bill also deletes specified reporting
requirements of the Board and requires the CalVet Secretary and
the Board to seek to confer with the California State Commanders
Veterans Council (Council) at least twice per calendar year on
issues affecting California veterans.
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Senate Floor Amendments of 9/5/13 require the Board to provide
policy advice to both CalVet Secretary and CalVet (as a
department), requires CalVet to respond to the Board, regarding
the Board's proposed policy changes, prior to the Board's next
scheduled meeting, make statements of legislative intent.
ANALYSIS :
Existing law:
1.Provides that the Board shall determine the policies for all
CalVet departmental operations.
2.Requires the seven-member Board to be appointed by the
Governor and confirmed by the Senate for four-year terms.
3.Requires members to meet the definition of "veteran" contained
in Govt. Code Sec.18540.4.
4.Requires that five of the Board positions be uniquely defined
and filled by individuals, who meet specified categories of
education, training, professional expertise, or personal
experiences.
This bill:
1.Changes the Board's role from determining CalVet policies to
serving as an advisory body to the CalVet Secretary.
2.Requires the Board to provide policy advice to both the CalVet
Secretary and CalVet (as a department).
3.Requires CalVet to respond to the Board, regarding the Board's
proposed policy changes, prior to the Board's next scheduled
meeting.
4.Repeals the categorical requirements for four of the five
Board positions that have eligibility defined by educational
or experience.
5.Requires that every Board member be a member in good standing
with a congressionally chartered veteran service organization.
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6.Provides that nothing in the bill be construed to prohibit any
currently serving Board members from completing their terms.
7.Requires the CalVet Secretary and the Board to seek to confer
with the Council at least twice per calendar year on issues
affecting California veterans.
Background
Role of the Board . CalVet was established in 1921 to provide
the state's veterans with low-cost home and farm loans,
assistance in obtaining veterans' benefits, and various levels
of care at three residential facilities. To set policy for
CalVet and provide veterans a forum to appeal departmental
decisions denying services, the Legislature established the
Board in 1946. State statutes give the Board broad
policy-making authority over CalVet.
The State Auditor released an audit in June 2003, which severely
indicted the Board. The audit report stated:
"The Board of seven volunteers has established itself as an
ineffective policy-maker, unable to strengthen weaknesses
in the department's administration of veterans' programs
that the Bureau of State Audits (Bureau) has reported over
the past three years. As an example of the Board's
inability to effect strong policy, only half of its 32
policies provide direction for departmental operations.
Further, although the Bureau and other oversight agencies
have identified a number of problems within the department,
the Board has no clearly defined policies to guide and
monitor the department's corrective actions. The Board
also has not used the services of the inspector general for
veterans' affairs to review the department's operations in
areas where Board policy could improve the department's
delivery of services to veterans."
(The California Performance 2004 report on streamlining
government recommended that the Board be eliminated and its
functions performed within a newly modified Department of
Veterans Affairs. That elimination did not occur.)
The audit report offered several recommendations to the Board.
The list included the following:
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"Assert its policy-making authority by actively identifying
areas of the department's operations that it feels need
guidance or direction and developing meaningful policies
that provide the department with the guiding principles
necessary to complete its mission."
"To enable Board members to perform their policy-making and
oversight functions effectively, the Board should provide
training to its members on the laws and regulations
controlling veterans' affairs; board policies, duties, and
authority, including how to conduct appeals; departmental
operations; state laws regarding open meetings; and state
laws regarding the privacy of medical information."
California State Commanders Veterans Council . Fifty-plus years
old, the Council is a group of 22 veterans service organizations
and other military-related entities. Its mission is to evaluate
pending state legislation affecting California's veterans,
whether active, reserve, National Guard, or retired.
Congressionally chartered veterans organizations . Veterans
Service Organizations (VSOs) are non-profit organizations
dedicated to supporting veterans and their families. Some VSOs
are congressionally chartered and have legal federal recognition
or approval for the purposes of preparing, presenting, and
prosecuting claims under laws administered by the United States
Department of Veterans Affairs, as provided in Title 38 of the
U.S. Code and the Code of Federal Regulations.
Among the better known congressionally chartered VSOs are the
American Legion, Disabled American Veterans, Veterans of Foreign
Wars, AMVETS, Marine Corps League, Order of the Purple Heart,
and Vietnam Veterans of America.
Prior Legislation
AB 2784 (Committee on Veterans Affairs, 2010) would have: (1)
expanded the Board to nine members; (2) required that two
members of the Board be appointed from Operation Iraqi Freedom
or Operation Enduring Freedom; (3) added mental health
counseling to an aspect of qualifications that can be considered
for appointing a member of the Board; (4) prohibited the CalVet
Secretary from making policy recommendations without first
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briefing the Board; and (5) encouraged the Governor to appoint a
member with expertise in women's mental and physical health
issues. This bill was vetoed by the Governor.
SB 164 (Johannessen, Chapter 220, Statutes of 2001) made several
reforms to streamline Board operations, including changing the
reporting requirements and separating out the annual budget.
CalVet provides support to the Board; this measure ensured that
adequate office space and meeting space are also provided, and
that there is easy access for disabled veterans.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/6/13)
California State Commanders Veterans Council (source)
ARGUMENTS IN SUPPORT : According to the author's office, this
bill will replace the professional requirements for appointees
to the California Veterans Board with the requirement of
appointees being a member of a congressionally chartered
veterans' organization. This change will increase the number of
qualified applicants, and will ensure those appointed are
veterans who are aware of the issues today's veterans face.
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
AL:ej 9/6/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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