AB 1596, as introduced, Mathis. Veteran service organizations.
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 military service and establishing a right to a privilege, preference, care, or compensation. Existing law authorizes the department to cooperate and, with approval of the Department of Finance, contract with any veterans service organization for the purpose of assisting veterans in their claims. Existing law defines veterans service organization for these purposes.
This bill would continuously appropriate $1,000,000 from the General Fund each fiscal year to the Department of Veterans Affairs for the purpose of grants to veterans service organizations. The bill would additionally require a veteran service organization to have a presence in this state and be registered with both the Secretary of State and Attorney General.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 699.5 of the Military and Veterans Code
2 is amended to read:
(a) begin insert(1)end insertbegin insert end insert The department may assist every veteran of
4the United States and the dependent or survivor of every veteran
5of the United States in presenting and pursuing the claim as the
6veteran, dependent, or survivor may have against the United States
7arising out of military 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
13organization 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(2) Notwithstanding Section 13340 of the Government Code,
24the sum of one million dollars ($1,000,000) is hereby continuously
25appropriated, without regard to fiscal years, from the General
26Fund each
fiscal year to the department, for the purpose of grants
27and contracts pursuant to paragraph (1).
28(b) (1) The Legislature finds and declares that services provided
29by veterans service organizations play an important role in the
30department’s responsibilities to assist veterans and their dependents
31and survivors in presenting and pursuing claims against the United
32States, and that it is an efficient and reasonable use of state funds
33to provide compensation to veterans service organizations for these
34services.
35(2) The Legislature further finds and declares that paragraph
36(1) shall not be implemented by using the General Fund until the
37annual budget for county veterans service officers reaches a
38minimum of five million dollars ($5,000,000). This subdivision
P3 1shall not be construed to preclude the use of federal funding in
2implementing
these provisions.
3(c) Veterans service organizations that elect to contract with the
4department in accordance with this section shall document the
5claims processed each year by the veterans service officers
6employed by the veterans service organization at offices located
7in California. The documentation shall be in accordance with
8procedures established by the department.
9(d) The department shall determine annually the amount of
10monetary benefits paid to eligible veterans and their dependents
11and survivors in the state as a result of the work of the veterans
12service officers of the contracting organizations. Beginning on
13January 1, 2006, the department shall, on or before January 1 of
14each year, prepare and transmit its determination for the preceding
15fiscal year to the Department of Finance and the Legislature. The
16department shall also identify federal sources to support the
efforts
17of veterans service organizations pursuant to this section. The
18Department of Finance shall review the department’s determination
19in time to use the information in the annual Budget Act for the
20budget of the department for the next fiscal year.
21(e) For purposes of this section:
22(1) “Survivor” means any relation of a deceased veteran who
23may be entitled to make a claim for any privilege, preference, care,
24or compensation under the laws of the United States or this state
25based upon the veteran’s war service.
26(2) “Veterans service officer” means an individual employed
27by a veterans service organization and accredited by the United
28States Department of Veterans Affairs to process and adjudicate
29claims and other benefits for veterans and their dependents and
30survivors.
31(3) “Veterans service organization” means an organization that
32meets all of the following criteria:
33(A) Is formed by and for United States military veterans.
34(B) Is chartered by the United States Congress.
35(C) Has regularly maintained an established committee or
36agency in a regional office of the United States Department of
37Veterans Affairs in California rendering services to veterans and
38their dependents andbegin delete survivors.end deletebegin insert survivors for at least the past five
39years.end insert
P4 1(D) Has an active statewide California organization with a
2presence in the state and is registered with the Secretary of State
3and the Attorney General.
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