Senate BillNo. 815


Introduced by Committee on Veterans Affairs (Senators Correa (Chair), Block, Knight, Lieu, Nielsen, and Roth)

March 4, 2013


An act to amend Sections 699.5, 721, 951, 952, 970, 971, 981.2, 981.3, 1012.2, 1025, and 1026 of the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

SB 815, as introduced, Committee on Veterans Affairs. Veterans.

Existing law authorizes the Department of Veterans Affairs to assist a veteran and his or her dependents or survivors to make a claim against the United States arising out of war service and establishing a right to a privilege, preference, care, or compensation.

This bill would instead authorize assistance for claims against the United States arising out of military service.

The existing Military and Veterans Code contains various references to the “Director of the Veterans Administration” and to the “Veterans Administration” that have been rendered obsolete by subsequent changes in the law.

This bill would correct these obsolete references by instead referring to the “Secretary of Veterans Affairs” and to the “United States Department of Veterans Affairs.”

Existing law authorizes the board of supervisors of each county to appoint a county veterans service officer to perform duties relating to the administration of benefits to veterans.

This bill would make technical, nonsubstantive changes to that provision.

Existing law requires the county veterans service officer to assist every veteran and the dependents of every deceased veteran in presenting and pursuing any claim the veteran may have against the United States and in establishing the veteran’s right to any privilege, preference, care, or compensation provided for by the laws.

This bill would require the county veterans service officer to also assist, in the manner described above, any qualified former member. This bill would define “qualified former member” for purposes of this assistance to mean any former member of the United States Armed Forces.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 699.5 of the Military and Veterans Code
2 is amended to read:

3

699.5.  

(a) The department may assist every veteran of the
4United States and the dependent or survivor of every veteran of
5the United States in presenting and pursuing the claim as the
6veteran, dependent, or survivor may have against the United States
7arising out ofbegin delete warend deletebegin insert militaryend insert service and in establishing the veteran’s,
8dependent’s, or survivor’s right to any privilege, preference, care,
9or compensation provided for by the laws of the United States or
10of this state. The department may cooperate and, with the approval
11of the Department of Finance, contract with any veterans service
12organization, and pursuant to the contract may compensate the
13 organization for services within the scope of this section rendered
14by it to any veteran or dependent or survivor of a veteran. The
15contract shall not be made unless the department determines that,
16owing to the confidential relationships involved and the necessity
17of operating through agencies that the veterans, dependents, or
18survivors involved will feel to be sympathetic toward their
19problems, the services cannot satisfactorily be rendered otherwise
20than through the agency of the veterans organization and that the
21best interests of the veterans, dependents, or survivors involved
22will be served if the contract is made.

23(b) (1) The Legislature finds and declares that services provided
24by veterans service organizations play an important role in the
25department’s responsibilities to assist veterans and their dependents
26and survivors in presenting and pursuing claims against the United
27States, and that it is an efficient and reasonable use of state funds
P3    1to provide compensation to veterans service organizations for these
2services.

3(2) The Legislature further finds and declares that paragraph
4(1) shall not be implemented by using the General Fund until the
5annual budget for county veterans service officers reaches a
6minimum of five million dollars ($5,000,000). This subdivision
7shall not be construed to preclude the use of federal funding in
8implementing these provisions.

9(c) Veterans service organizations that elect to contract with the
10department in accordance with this section shall document the
11claims processed each year by the veterans service officers
12employed by the veterans service organization at offices located
13in California. The documentation shall be in accordance with
14procedures established by the department.

15(d) The department shall determine annually the amount of
16monetary benefits paid to eligible veterans and their dependents
17and survivors in the state as a result of the work of the veterans
18service officers of the contracting organizations. Beginning on
19January 1, 2006, the department shall, on or before January 1 of
20each year, prepare and transmit its determination for the preceding
21fiscal year to the Department of Finance and the Legislature. The
22department shall also identify federal sources to support the efforts
23of veterans service organizations pursuant to this section. The
24Department of Finance shall review the department’s determination
25in time to use the information in the annual Budget Act for the
26budget of the department for the next fiscal year.

27(e) For purposes of this section:

28(1) “Survivor” means any relation of a deceased veteran who
29may be entitled to make a claim for any privilege, preference, care,
30or compensation under the laws of the United States or this state
31based upon the veteran’s war service.

32(2) “Veterans service officer” means an individual employed
33by a veterans service organization and accredited by the United
34States Department of Veterans Affairs to process and adjudicate
35claims and other benefits for veterans and their dependents and
36survivors.

37(3) “Veterans service organization” means an organization that
38meets all of the following criteria:

39(A) Is formed by and for United States military veterans.

40(B) Is chartered by the United States Congress.

P4    1(C) Has regularly maintained an established committee or
2agency in a regional office of the United States Department of
3Veterans Affairs in California rendering services to veterans and
4their dependents and survivors.

5

SEC. 2.  

Section 721 of the Military and Veterans Code is
6amended to read:

7

721.  

If any public agency which has rendered a service,
8provided benefits, or furnished assistance to a veteran determines
9that the costs of rendering the service or providing the benefits or
10assistance are recoverable from thebegin delete Veterans’ Administrationend delete
11begin insert United States Department of Veterans Affairsend insert, it shall refer the
12matter to the countybegin delete veteranend deletebegin insert veteransend insert service officer, where
13applicable, for action pursuant to Section 971 and shall assist the
14countybegin delete veteranend deletebegin insert veteransend insert service officer in any way.

15

SEC. 3.  

Section 951 of the Military and Veterans Code is
16amended to read:

17

951.  

(a) “Veteran status information” means the data required
18by the Department of Veterans Affairs to verify the status of a
19decedent as either a veteran or the dependent of a veteran for
20purposes of eligibility for burial in a national or state cemetery,
21including the person’s name, service number, social security
22number, date of birth, date of death, place of birth, branch of the
23service, and military rank.

24(b) “Veterans’ remains organization” means any entity
25recognized by thebegin delete Veterans Administrationend deletebegin insert United States
26Department of Veterans Affairsend insert
and the National Personnel Records
27 Center as an organization authorized to verify and inter unclaimed
28cremated remains of American veterans, including a member or
29employee of that entity.

30

SEC. 4.  

Section 952 of the Military and Veterans Code is
31amended to read:

32

952.  

(a) A cemetery corporation or association, or other entity
33in possession of the cremated remains of a veteran or dependent
34of a veteran, shall, upon request of a veterans’ remains organization
35and after verifying the status of the veterans’ remains organization
36as an organization currently authorized by thebegin delete Veterans
37Administrationend delete
begin insert United States Department of Veterans Affairsend insert and
38the National Personnel Records Center or as an organization
39authorized by the local county board of supervisors to verify and
P5    1inter unclaimed cremated remains of American veterans, release
2veteran status information to the veterans’ remains organization.

3(b) The use or disclosure of veteran status information obtained
4by a veterans’ remains organization pursuant to subdivision (a)
5shall be permitted only for the purpose of verifying veteran
6interment benefits of the deceased veteran or a dependent of a
7veteran with thebegin insert Californiaend insert Department of Veterans Affairs and
8shall not be used or disclosed for any other purpose.

9(c) The cemetery authority, cemetery corporation or association,
10or other entity in possession of the cremated remains of a veteran
11or dependent of a veteran may, upon request of a veterans’ remains
12organization and after verifying the status of the veterans’ remains
13organization as an organization currently authorized by the
14begin delete Veterans Administrationend deletebegin insert United States Department of Veterans
15Affairsend insert
and the National Personnel Records Center or as an
16organization authorized by the local county board of supervisors
17to verify and inter unclaimed cremated remains of American
18veterans, release the cremated remains of the veteran or dependent
19of a veteran to a veterans’ remains organization for the sole purpose
20of interment, subject to Section 943 and Sections 7110 and 7208
21of the Health and Safety Code, when all of the following conditions
22have been met:

23(1) The veterans’ remains organization has verified the interment
24benefits of the deceased veteran or dependent of a veteran with
25thebegin insert Californiaend insert Department of Veterans Affairs and provided
26documentation of the verification to the cemetery authority,
27cemetery corporation or association, or other entity that the
28decedent is a veteran or a dependent of a veteran eligible for burial
29in a national or state cemetery.

30(2) The veterans’ remains organization has made a reasonable
31effort to locate the agent or family member who has the right to
32control the cremated remains of the veteran or dependent of a
33veteran.

34(3) The veterans’ remains organization has provided notice to
35all known agents or family members who have the right to control
36the cremated remains of the veteran or dependent of a veteran of
37the veteran’s remains organization’s intent to claim the cremated
38remains of the veteran or dependent of a veteran for the purpose
39of providing a proper burial of the cremated remains of the veteran
P6    1or dependent of a veteran in accordance with Section 943 and
2Sections 7110 and 7208 of the Health and Safety Code.

3(4) An agent or family member who has the right to control the
4cremated remains of the veteran or dependent of a veteran has
5made no attempt to claim the cremated remains.

6(5) The cremated remains have been in the possession of the
7cemetery authority, cemetery corporation or association, or other
8entity for a period of at least one year.

9(d) The cemetery authority, cemetery corporation or association,
10or other entity that releases veteran status information or cremated
11remains of the veteran or dependent of a veteran pursuant to this
12section shall not be subject to civil liability, except for gross
13negligence, if all of the conditions of this section are met.

14

SEC. 5.  

Section 970 of the Military and Veterans Code is
15amended to read:

16

970.  

(a) The board of supervisors of each county may, but is
17not required to, appoint, prescribe the qualifications of, and fix the
18compensation of an officer to be titled “county veterans service
19officer.” The appointee shall be a veteran.

20(b) It shall be the duty of the county veterans service officer to
21administer the aid provided for in this chapter, to investigate all
22claims, applications, or requests for aid made pursuant to the terms
23of this chapter, and to perform any other veteran related services
24as requested by the county board of supervisors.

25(c) Notwithstanding subdivision (a), two or more counties may
26jointly establish a singlebegin insert countyend insert veterans service office which shall
27serve all the counties that agree to the joint establishment of that
28office.

begin delete

29(d) This section shall become operative January 1, 1995.

end delete
30

SEC. 6.  

Section 971 of the Military and Veterans Code is
31amended to read:

32

971.  

(a) The countybegin delete veteranend deletebegin insert veteransend insert service officer shall assist
33every veteran of any war of the United Statesbegin insert and every qualified
34former member,end insert
and the dependents of every deceased veteranbegin insert and
35every qualified former member,end insert
in presenting and pursuing any
36claim the veteranbegin insert or the qualified former memberend insert may have against
37the United States and in establishing the veteran’sbegin insert or qualified
38former member’send insert
right to any privilege, preference, care, or
39compensation provided for by the laws of the United States or of
40this state.

P7    1(b) The countybegin delete veteranend deletebegin insert veteransend insert service officer shall present
2and pursue claims against the United States referred by any public
3agency pursuant to Section 721.

begin insert

4(c) For purposes of this section, “qualified former member”
5means any former member of the United States Armed Forces.

end insert
6

SEC. 7.  

Section 981.2 of the Military and Veterans Code is
7amended to read:

8

981.2.  

The department, insofar as the funds permit, may provide
9an allowance of one hundred dollars ($100) for each month the
10student is in satisfactory and actual full-time attendance at an
11educational institution, and pursuing a course of study leading to
12a bachelor of arts or bachelor of science degree, or to a recognized
13degree, license, certificate, or diploma.

14For purposes of this sectionbegin insert,end insert the term “full-time attendance”
15shall be defined in the same manner as it is defined by the
16educational institution attended by the student. For purposes of
17this section, “educational institution” shall be defined as any school
18or college of the collegiate level accredited by the Western
19Association of Schools and Colleges, including a community
20college, and shall include a vocational school or any other school
21approved by the State Department of Education for the purpose
22of receipt by a student of educational benefits afforded by the
23begin delete Veterans Administrationend deletebegin insert United States Department of Veterans
24Affairsend insert
.

25The department may provide for such educational benefits for
26full-time students pursuing a course of study leading to a
27recognized postgraduate or professional degree, license, certificate,
28or diploma in educational institutions in other states or in other
29countries when such course of study is otherwise unavailable to
30the student.

31

SEC. 8.  

Section 981.3 of the Military and Veterans Code is
32amended to read:

33

981.3.  

The amount expended on account of any one veteran
34underbegin delete the provisions ofend delete this article shall not exceed one thousand
35two hundred dollars ($1,200). Eligibility for benefits conferred
36under this article shall not be granted if either the student has not
37exhausted hisbegin insert or herend insert rights tobegin delete eductionalend deletebegin insert educationalend insert benefits
38afforded by thebegin delete Veterans Administrationend deletebegin insert United States Department
39of Veterans Affairsend insert
, or four years have elapsed from termination
P8    1of educational benefits afforded by thebegin delete Veterans Administrationend delete
2begin insert United States Department of Veterans Affairsend insert.

3

SEC. 9.  

Section 1012.2 of the Military and Veterans Code is
4amended to read:

5

1012.2.  

Notwithstanding any otherbegin delete provisions ofend delete law, any
6member of the home who is receiving an aid and attendance
7allowance from the United Statesbegin delete Veterans’ Administrationend delete
8begin insert Department of Veterans Affairsend insert and who has no dependent spouse,
9child, grandchild, father, or mother shall pay to the home an amount
10equal to that allowance in all levels of care excluding domiciliary.
11One hundred percent of the moneys received by the home under
12this section shall be placed to the credit of the home and shall
13augment the current appropriation for the support of the home.

14

SEC. 10.  

Section 1025 of the Military and Veterans Code is
15amended to read:

16

1025.  

The home shall be open at any time to the inspection of
17thebegin delete Directorend deletebegin insert Secretaryend insert ofbegin delete the United States Veterans Administrationend deletebegin insert end insert
18begin insertVeterans Affairsend insert or hisbegin insert or herend insert authorized representative.

19

SEC. 11.  

Section 1026 of the Military and Veterans Code is
20amended to read:

21

1026.  

The records, reports, and accounts kept by the home
22shall conform, as nearly as possiblebegin insert,end insert to the requirements of the
23United Statesbegin delete Veterans Administrationend deletebegin insert Department of Veterans
24Affairsend insert
.



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