Amended in Assembly May 16, 2013

Senate Bill No. 815

Introduced by Committee on Veterans Affairs (Senators begin delete Correa end delete begin insert Hueso end insert (Chair), Block, begin insert Correa, end insert 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 amended, 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 begin delete Affairs.” end delete begin insert Affairs,” respectively. end insert

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 begin delete member. This bill would define “qualified former member” for purposes of this assistance to mean any former member of the United States Armed Forces. end delete begin insert member, as defined. end insert

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 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 United States Department of
Veterans Affairs, it shall refer the matter to the county veterans
service officer, where applicable, for action pursuant to Section
971 and shall assist the county 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 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 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 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.

SEC. 6.  

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

971.  

(a) The county 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 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 begin insert ,
who is eligible under federal law to receive any veterans benefit
from the United States Department of Veterans Affairs or any other
agency of the federal government end insert .

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
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 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 educational benefits afforded by the United States
Department of Veterans Affairs, or four years have elapsed from
termination of educational benefits afforded by the 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 law, any member of the
home who is receiving an aid and attendance allowance from the
United States 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 Secretary of 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 Department of Veterans Affairs.