SB 727, as introduced, Anderson. Military veterans: claims.
Existing law authorizes the Department of Veterans Affairs to assist every veteran of the United States and the dependent or survivor of every veteran of the United States in presenting and pursuing specified claims, including claims for disability compensation benefits and burial benefits, as the veteran, dependent, or survivor may have against the United States arising out of military service, and in establishing any rights to any privilege, preference, care, or compensation provided for by the laws of the United States or of this state.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. 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) 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 militarybegin delete serviceend deletebegin insert service,end insert and in establishing the
P2 1veteran’s, dependent’s, or survivor’s right to any privilege,
2preference, care, or compensation provided for by the laws of the
3United States or of this state. The department may cooperate and,
4with the approval of the Department of Finance, contract with any
5veterans service organization, and pursuant to the contract may
6compensate the
organization for services within the scope of this
7section rendered by it to any veteran or dependent or survivor of
8a veteran. The contract shall not be made unless the department
9determines that, owing to the confidential relationships involved
10and the necessity of operating through agencies that the veterans,
11dependents, or survivors involved will feel to be sympathetic
12toward their problems, the services cannot satisfactorily be rendered
13otherwise than through the agency of the veterans organization
14and that the best interests of the veterans, dependents, or survivors
15involved will be served if the contract is made.
16(b) (1) The Legislature finds and declares that services provided
17by veterans service organizations play an important role in the
18department’s responsibilities to assist veterans and their dependents
19and survivors in presenting and pursuing claims against the United
20States, and that it is an efficient and
reasonable use of state funds
21to provide compensation to veterans service organizations for these
22services.
23(2) The Legislature further finds and declares that paragraph
24(1) shall not be implemented by using the General Fund until the
25annual budget for county veterans service officers reaches a
26minimum of five million dollars ($5,000,000). This subdivision
27shall not be construed to preclude the use of federal funding in
28implementing these provisions.
29(c) Veterans service organizations that elect to contract with the
30department in accordance with this section shall document the
31claims processed each year by the veterans service officers
32employed by the veterans service organization at offices located
33in California. The documentation shall be in accordance with
34procedures established by the department.
35(d) The
department shall determine annually the amount of
36monetary benefits paid to eligible veterans and their dependents
37 and survivors in the state as a result of the work of the veterans
38service officers of the contracting organizations. Beginning on
39January 1, 2006, the department shall, on or before January 1 of
40each year, prepare and transmit its determination for the preceding
P3 1fiscal year to the Department of Finance and the Legislature. The
2department shall also identify federal sources to support the efforts
3of veterans service organizations pursuant to this section. The
4Department of Finance shall review the department’s determination
5in time to use the information in the annual Budget Act for the
6budget of the department for the next fiscal year.
7(e) For purposes of thisbegin delete section:end deletebegin insert
section, the following definitions
8shall apply:end insert
9(1) “Survivor” means any relation of a deceased veteran who
10may be entitled to make a claim for any privilege, preference, care,
11or compensation under the laws of the United States or this state
12based upon the veteran’s war service.
13(2) “Veterans service officer” means an individual employed
14by a veterans service organization and accredited by the United
15States Department of Veterans Affairs to process and adjudicate
16claims and other benefits for veterans and their dependents and
17survivors.
18(3) “Veterans service organization” means an organization that
19meets all of the following criteria:
20(A) Is formed by and for United States military veterans.
21(B) Is chartered by the United States Congress.
22(C) Has regularly maintained an established committee or
23agency in a regional office of the United States Department of
24Veterans Affairs in California rendering services to veterans and
25their dependents and survivors.
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