BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: AB 2156
Author: Evans
Version: As amended April 8, 2010
Hearing Date: June 22, 2010
Fiscal: Yes
SUBJECT OF BILL
Veterans' Home Allied Council
PROPOSED LAW
1. Allows respective Allied Councils for California's
veterans' homes to represent their homes in front of
the legislature.
2. Requires any representation by the council before
the legislature to be approved by a majority of the
council's voting members.
3. Prohibits any council representation on behalf of
candidates or campaigns.
4. Requires any actions before the legislature to be
in line with the council's "constitution, bylaws, and
policies and procedures."
5. Code cleanup of Military and Veterans Code (MVC)
section 1050.
EXISTING LAW AND BACKGROUND
1. MVC section 1050 establishes the Veterans' Home
Allied Council as an advisory body to the
administrator of the home. At one point, Yountville
was the only veterans' home in CA, and at that time,
the council was an advisory body to the home's
commandant.
2. MVC section 1050 reads as follows:
"The Veterans' Home Allied Council, which is
established pursuant to the constitution of the Allied
Council, Veterans' Home of California, and which is
composed of members of the home, is hereby recognized
as an established advisory body to the administrator."
COMMENT
1. This legislation was introduced because veterans at
the Yountville home say the California Department of
Veterans Affairs (CDVA) legal counsel has advised that
the council is not allowed to address the legislature
as a body. Allegedly counsel has told veterans they
can represent themselves but not the home before the
legislature.
2. According to the author's office, CDVA is
interpreting the MVC in the following way: "the
Allied Council is only 'an advisory body' and cannot
represent veterans' interest directly to the
Legislature."
3. According to a letter received by the Senate
Veterans Affairs Committee from the Allied Council,
recent changes to the constitution of the Allied
Councils of the Veterans' Homes of California
prohibits any "partisan political activity." Recent
amendments to this bill codify that prohibition.
4. Veterans from the home maintain that due to the
deteriorating health of some residents and/or the
advanced age of others, that many-especially at the
Yountville home, which has several levels of care-are
unable to personally have their voices heard, and the
only way to remedy this situation is to allow the
council to speak for residents as a body. According
to the author's office, "Veterans feel that better
communication with CDVA is possible and necessary and
that in order to negotiate on their behalf, the Allied
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Council must have clear authority to speak for Home
members."
5. Under the bylaws of the Allied Council there are
members who represent those who cannot necessarily
always represent themselves-such as a member from the
Eisenhower building and the McKinley building. (Both
buildings are higher levels of care.)
6. The code section this bill amends says "The
Veterans' Home Allied Council, which is established
pursuant to the constitution of the Allied Council,
Veterans' Home of California" which is almost as
confusing as the language of MVC section 1014 fixed by
SB 662 of 2007 (Wiggins) that stated "the direction of
the director, shall be administered by the
administrator."
Since this bill already amends MVC section 1050, if
the author is willing, then the opportunity to amend
the old section should be taken.
SUGGESTED AMENDMENT - "The Veterans' Home Allied
Councils shall consist of members of the home and are
hereby recognized as an advisory body to a home's
administrator. A veterans' home Allied Council may be
established pursuant to home members establishing a
constitution for the formation of such a council."
PRIOR ACTIONS
Assembly Veterans' Affairs 9-0
Assembly Elections and 7-0
Assembly Appropriations 15-0
Assembly Floor 74-0 (Consent)
SUPPORT
Allied Council, Veterans' Home of Yountville
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OPPOSE
None received
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