BILL NUMBER: SB 815 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 699.5 of the Military and Veterans Code is
amended to read:
699.5. (a) The department may assist every veteran of the United
States and the dependent or survivor of every veteran of the United
States in presenting and pursuing the claim as the veteran,
dependent, or survivor may have against the United States arising out
of war military service and in
establishing the veteran's, dependent's, or survivor's right to any
privilege, preference, care, or compensation provided for by the laws
of the United States or of this state. The department may cooperate
and, with the approval of the Department of Finance, contract with
any veterans service organization, and pursuant to the contract may
compensate the organization for services within the scope of this
section rendered by it to any veteran or dependent or survivor of a
veteran. The contract shall not be made unless the department
determines that, owing to the confidential relationships involved and
the necessity of operating through agencies that the veterans,
dependents, or survivors involved will feel to be sympathetic toward
their problems, the services cannot satisfactorily be rendered
otherwise than through the agency of the veterans organization and
that the best interests of the veterans, dependents, or survivors
involved will be served if the contract is made.
(b) (1) The Legislature finds and declares that services provided
by veterans service organizations play an important role in the
department's responsibilities to assist veterans and their dependents
and survivors in presenting and pursuing claims against the United
States, and that it is an efficient and reasonable use of state funds
to provide compensation to veterans service organizations for these
services.
(2) The Legislature further finds and declares that paragraph (1)
shall not be implemented by using the General Fund until the annual
budget for county veterans service officers reaches a minimum of five
million dollars ($5,000,000). This subdivision shall not be
construed to preclude the use of federal funding in implementing
these provisions.
(c) Veterans service organizations that elect to contract with the
department in accordance with this section shall document the claims
processed each year by the veterans service officers employed by the
veterans service organization at offices located in California. The
documentation shall be in accordance with procedures established by
the department.
(d) The department shall determine annually the amount of monetary
benefits paid to eligible veterans and their dependents and
survivors in the state as a result of the work of the veterans
service officers of the contracting organizations. Beginning on
January 1, 2006, the department shall, on or before January 1 of each
year, prepare and transmit its determination for the preceding
fiscal year to the Department of Finance and the Legislature. The
department shall also identify federal sources to support the efforts
of veterans service organizations pursuant to this section. The
Department of Finance shall review the department's determination in
time to use the information in the annual Budget Act for the budget
of the department for the next fiscal year.
(e) For purposes of this section:
(1) "Survivor" means any relation of a deceased veteran who may be
entitled to make a claim for any privilege, preference, care, or
compensation under the laws of the United States or this state based
upon the veteran's war service.
(2) "Veterans service officer" means an individual employed by a
veterans service organization and accredited by the United States
Department of Veterans Affairs to process and adjudicate claims and
other benefits for veterans and their dependents and survivors.
(3) "Veterans service organization" means an organization that
meets all of the following criteria:
(A) Is formed by and for United States military veterans.
(B) Is chartered by the United States Congress.
(C) Has regularly maintained an established committee or agency in
a regional office of the United States Department of Veterans
Affairs in California rendering services to veterans and their
dependents and survivors.
SEC. 2. Section 721 of the Military and Veterans Code is amended
to read:
721. If any public agency which has rendered a service, provided
benefits, or furnished assistance to a veteran determines that the
costs of rendering the service or providing the benefits or
assistance are recoverable from the Veterans' Administration
United States Department of Veterans Affairs ,
it shall refer the matter to the county veteran
veterans service officer, where applicable, for action
pursuant to Section 971 and shall assist the county veteran
veterans service officer in any way.
SEC. 3. Section 951 of the Military and Veterans Code is amended
to read:
951. (a) "Veteran status information" means the data required by
the Department of Veterans Affairs to verify the status of a decedent
as either a veteran or the dependent of a veteran for purposes of
eligibility for burial in a national or state cemetery, including the
person's name, service number, social security number, date of
birth, date of death, place of birth, branch of the service, and
military rank.
(b) "Veterans' remains organization" means any entity recognized
by the Veterans Administration United States
Department of Veterans Affairs and the National Personnel
Records Center as an organization authorized to verify and inter
unclaimed cremated remains of American veterans, including a member
or employee of that entity.
SEC. 4. Section 952 of the Military and Veterans Code is amended
to read:
952. (a) A cemetery corporation or association, or other entity
in possession of the cremated remains of a veteran or dependent of a
veteran, shall, upon request of a veterans' remains organization and
after verifying the status of the veterans' remains organization as
an organization currently authorized by the Veterans
Administration United States Department of Veterans
Affairs and the National Personnel Records Center or as an
organization authorized by the local county board of supervisors to
verify and inter unclaimed cremated remains of American veterans,
release veteran status information to the veterans' remains
organization.
(b) The use or disclosure of veteran status information obtained
by a veterans' remains organization pursuant to subdivision (a) shall
be permitted only for the purpose of verifying veteran interment
benefits of the deceased veteran or a dependent of a veteran with the
California Department of Veterans Affairs and shall not
be used or disclosed for any other purpose.
(c) The cemetery authority, cemetery corporation or association,
or other entity in possession of the cremated remains of a veteran or
dependent of a veteran may, upon request of a veterans' remains
organization and after verifying the status of the veterans' remains
organization as an organization currently authorized by the
Veterans Administration United States Department of
Veterans Affairs and the National Personnel Records Center or
as an organization authorized by the local county board of
supervisors to verify and inter unclaimed cremated remains of
American veterans, release the cremated remains of the veteran or
dependent of a veteran to a veterans' remains organization for the
sole purpose of interment, subject to Section 943 and Sections 7110
and 7208 of the Health and Safety Code, when all of the following
conditions have been met:
(1) The veterans' remains organization has verified the interment
benefits of the deceased veteran or dependent of a veteran with the
California Department of Veterans Affairs and provided
documentation of the verification to the cemetery authority, cemetery
corporation or association, or other entity that the decedent is a
veteran or a dependent of a veteran eligible for burial in a national
or state cemetery.
(2) The veterans' remains organization has made a reasonable
effort to locate the agent or family member who has the right to
control the cremated remains of the veteran or dependent of a
veteran.
(3) The veterans' remains organization has provided notice to all
known agents or family members who have the right to control the
cremated remains of the veteran or dependent of a veteran of the
veteran's remains organization's intent to claim the cremated remains
of the veteran or dependent of a veteran for the purpose of
providing a proper burial of the cremated remains of the veteran or
dependent of a veteran in accordance with Section 943 and Sections
7110 and 7208 of the Health and Safety Code.
(4) An agent or family member who has the right to control the
cremated remains of the veteran or dependent of a veteran has made no
attempt to claim the cremated remains.
(5) The cremated remains have been in the possession of the
cemetery authority, cemetery corporation or association, or other
entity for a period of at least one year.
(d) The cemetery authority, cemetery corporation or association,
or other entity that releases veteran status information or cremated
remains of the veteran or dependent of a veteran pursuant to this
section shall not be subject to civil liability, except for gross
negligence, if all of the conditions of this section are met.
SEC. 5. Section 970 of the Military and Veterans Code is amended
to read:
970. (a) The board of supervisors of each county may, but is not
required to, appoint, prescribe the qualifications of, and fix the
compensation of an officer to be titled "county veterans service
officer." The appointee shall be a veteran.
(b) It shall be the duty of the county veterans service officer to
administer the aid provided for in this chapter, to investigate all
claims, applications, or requests for aid made pursuant to the terms
of this chapter, and to perform any other veteran related services as
requested by the county board of supervisors.
(c) Notwithstanding subdivision (a), two or more counties may
jointly establish a single county veterans service office
which shall serve all the counties that agree to the joint
establishment of that office.
(d) This section shall become operative January 1, 1995.
SEC. 6. Section 971 of the Military and Veterans Code is amended
to read:
971. (a) The county veteran veterans
service officer shall assist every veteran of any war of the United
States and every qualified former member, and the
dependents of every deceased veteran and every qualified former
member, in presenting and pursuing any claim the veteran
or the qualified former member may have against the United
States and in establishing the veteran's or qualified former
member's right to any privilege, preference, care, or
compensation provided for by the laws of the United States or of this
state.
(b) The county veteran veterans
service officer shall present and pursue claims against the United
States referred by any public agency pursuant to Section 721.
(c) For purposes of this section, "qualified former member" means
any former member of the United States Armed Forces.
SEC. 7. Section 981.2 of the Military and Veterans Code is amended
to read:
981.2. The department, insofar as the funds permit, may provide
an allowance of one hundred dollars ($100) for each month the student
is in satisfactory and actual full-time attendance at an educational
institution, and pursuing a course of study leading to a bachelor of
arts or bachelor of science degree, or to a recognized degree,
license, certificate, or diploma.
For purposes of this section , the term "full-time
attendance" shall be defined in the same manner as it is defined by
the educational institution attended by the student. For purposes of
this section, "educational institution" shall be defined as any
school or college of the collegiate level accredited by the Western
Association of Schools and Colleges, including a community college,
and shall include a vocational school or any other school approved by
the State Department of Education for the purpose of receipt by a
student of educational benefits afforded by the Veterans
Administration United States Department of Veterans
Affairs .
The department may provide for such educational benefits for
full-time students pursuing a course of study leading to a recognized
postgraduate or professional degree, license, certificate, or
diploma in educational institutions in other states or in other
countries when such course of study is otherwise unavailable to the
student.
SEC. 8. Section 981.3 of the Military and Veterans Code is amended
to read:
981.3. The amount expended on account of any one veteran under
the provisions of this article shall not exceed
one thousand two hundred dollars ($1,200). Eligibility for benefits
conferred under this article shall not be granted if either the
student has not exhausted his or her rights to
eductional educational benefits afforded by the
Veterans Administration United States
Department of Veterans Affairs , or four years have elapsed
from termination of educational benefits afforded by the
Veterans Administration United States Department of
Veterans Affairs .
SEC. 9. Section 1012.2 of the Military and Veterans Code is
amended to read:
1012.2. Notwithstanding any other provisions of
law, any member of the home who is receiving an aid and attendance
allowance from the United States Veterans' Administration
Department of Veterans Affairs and who has no
dependent spouse, child, grandchild, father, or mother shall pay to
the home an amount equal to that allowance in all levels of care
excluding domiciliary. One hundred percent of the moneys received by
the home under this section shall be placed to the credit of the home
and shall augment the current appropriation for the support of the
home.
SEC. 10. Section 1025 of the Military and Veterans Code is amended
to read:
1025. The home shall be open at any time to the inspection of the
Director Secretary of the
United States Veterans Administration
Veterans Affairs or his or her authorized
representative.
SEC. 11. Section 1026 of the Military and Veterans Code is amended
to read:
1026. The records, reports, and accounts kept by the home shall
conform, as nearly as possible , to the requirements of
the United States Veterans Administration
Department of Veterans Affairs .