AB 1596, as amended, 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) (1) 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 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 cooperatebegin insert withend insert and, with the
11approval of the Department of Finance, contract with any veterans
12service organization, and pursuant to the contract may compensate
13the organization
for services within the scope of this section
14rendered by it to any veteran or dependent or survivor of a veteran.
15The contract shall not be made unless the department determines
16that, owing to the confidential relationships involved and the
17necessity of operating through agencies that the veterans,
18dependents, or survivors involved will feel to be sympathetic
19toward their problems, the services cannot satisfactorily be rendered
20otherwise than through the agency of the veterans organization
21and that the best interests of the veterans, dependents, or survivors
22involved will 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 Fund
26each fiscal year to the department, for the
purpose of grants and
27contracts 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.
P3 1(2) The Legislature further finds and declares that paragraph
2(1) shall not be implemented by using the General Fund until the
3annual budget for county veterans service officers reaches a
4minimum of five million dollars ($5,000,000). This subdivision
5shall not be construed to preclude
the use of federal funding in
6implementing these provisions.
7(c) Veterans service organizations that elect to contract with the
8department in accordance with this section shall document the
9claims processed each year by the veterans service officers
10employed by the veterans service organization at offices located
11in California. The documentation shall be in accordance with
12procedures established by the department.
13(d) The department shall determine annually the amount of
14monetary benefits paid to eligible veterans and their dependents
15and survivors in the state as a result of the work of the veterans
16service officers of the contracting organizations. Beginning on
17January 1, 2006, the department shall, on or before January 1 of
18each year, prepare and transmit its determination for the
preceding
19fiscal year to the Department of Finance and the Legislature. The
20department shall also identify federal sources to support the efforts
21of veterans service organizations pursuant to this section. The
22Department of Finance shall review the department’s determination
23in time to use the information in the annual Budget Act for the
24budget of the department for the next fiscal year.
25(e) For purposes of this section:
26(1) “Survivor” means any relation of a deceased veteran who
27may be entitled to make a claim for any privilege, preference, care,
28or compensation under the laws of the United States or this state
29based upon the veteran’s war service.
30(2) “Veterans service officer” means an individual employed
31by a
veterans service organization and accredited by the United
32States Department of Veterans Affairs to process and adjudicate
33claims and other benefits for veterans and their dependents and
34survivors.
35(3) “Veterans service organization” means an organization that
36meets all of the following criteria:
37(A) Is formed by and for United States military veterans.
38(B) Is chartered by the United States Congress.
39(C) Has regularly maintained an established committee or
40agency in a regional office of the United States Department of
P4 1Veterans Affairs in California rendering services to veterans and
2their dependents and survivors for at least the past five years.
3(D) Has an active statewide California organization with a
4presence in the state and is registered with the Secretary of State
5and the Attorney General.
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