Amended in Assembly March 28, 2016

Amended in Assembly March 10, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1596

Introduced by Assembly Member Mathis

(Principal coauthor: Assembly Member Dodd)

(Principal coauthor: Senator Anderson)

(Coauthors: Assembly Members Achadjian, Baker, Brough, Chang, Gallagher, and Lackey)

(Coauthor: Senator Bates)

January 7, 2016

An act to amend Section 699.5 of the Military and Veterans Code, relating to veterans, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete continuously appropriate $1,000,000 from the General Fund each fiscal year end delete begin insert appropriate $3,000,000 from the General Fund end insert to the Department of Veterans Affairs for the purpose of grants to veterans service organizations. begin insert The bill would require the department to establish criteria and reporting requirements for any organization it contracts with pursuant to these provisions. end insert The bill would additionally require a veteran service organization begin insert that contracts with the department end insert 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 1.  

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

699.5.  

(a)  begin delete (1) end delete begin delete   end delete 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 with 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. begin insert The department
shall establish criteria for any veterans service organization it
contracts with and reporting requirements regarding any funds
distributed through contracts pursuant to this subdivision. end insert

begin delete

(2) Notwithstanding Section 13340 of the Government Code,
the sum of one million dollars ($1,000,000) is hereby continuously
appropriated, without regard to fiscal years, from the General Fund
each fiscal year to the department, for the purpose of grants and
contracts pursuant to paragraph (1).

end delete

(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 for at least the past five years.

(D) Has an active statewide California organization with a
presence in the state and is registered with the Secretary of State
and the Attorney General.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert The sum of three million dollars ($3,000,000) is hereby
appropriated from the General Fund to the department, without
regard to fiscal years, for the purpose of grants and contracts
pursuant to Section 699.5 of the Military and Veterans Code, to
be awarded over a five-year period beginning with the end insert begin insert 2017-18
fiscal year. end insert