BILL NUMBER: AB 2784 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 20, 2010
INTRODUCED BY Committee on Veterans Affairs (Cook (Chair), Block,
Gilmore, Lieu, V. Manuel Perez, Salas, Saldana, and Yamada)
MARCH 8, 2010
An act to amend Sections 65, 66, 66.5, and 84 of the Military and
Veterans Code, relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 2784, as amended, Committee on Veterans Affairs. Veterans.
Existing law provides that the California Veterans Board consists
of 7 members appointed by the Governor subject to Senate
confirmation. All members of the board are required to be veterans.
This bill would increase the size of the board to 9 members
, and would require 2 of the members to have served in
Operation Iraqi Freedom or Operation Enduring Freedom .
Existing law requires at least one member of the California
Veterans Board to have substantial training or professional expertise
in geriatrics, gerontology, or long-term care.
This bill would revise that requirement to also permit
that also require that one member have
substantial training or professional expertise to be
in mental health counseling and one member have a
degree in health care administration or experience in the financial
management of health care facilities . This bill would also
state the intent of the Legislature to encourage the Governor, when
making the appointments to the board, to consider a veteran with
specific expertise in women veterans' mental and physical health
issues, and would make legislative findings and declarations related
to women veterans.
Existing law prohibits the Secretary of Veterans Affairs from
effectuating any policy change that would modify any veterans'
program without first fully briefing the board regarding the effects
upon veterans of the proposed policy change.
This bill would additionally prohibit the Secretary of Veterans
Affairs from recommending any policy change that would modify any
veterans' program without first fully briefing the board.
Existing law, for purposes of the above provisions and provisions
relating to veterans' welfare, defines "program" to mean the Veterans'
Home of California, the veterans' farm and home purchase program,
including any associated insurance programs, and the veterans'
education assistance program.
This bill would provide that "program" also refers to any other
program or service offered or delivered to veterans by another state
agency or department.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that a 2009
audit conducted by the Bureau of State Audits determined all of the
following:
(1) The Department of Veterans Affairs (hereafter department)
needs to improve its strategic planning process to better track its
progress toward meeting its goals.
(2) The department did not adequately assess veterans' needs in
preparing its strategic plan.
(3) The department's strategic plan does not specify how goals
will be met, lacks adequate measures for assessing progress, and does
not always specify how the key needs and concerns of the veteran
community will be addressed.
(4) The department's Veterans Services Division's action plan
designed to meet the strategic plan's goals lacks specifics and is
not effective in measuring progress. Moreover, the action plan does
not align with the department's strategic plan.
(5) The department has not followed key monitoring procedures
suggested by its strategic plan to assess its progress.
(b) The Legislature also finds and declares the following:
(1) Women veterans are at higher risk than male veterans for
developing mental health conditions, especially younger women.
(2) Military sexual trauma (MST) is widespread. While serving in
the Armed Forces, an estimated 20 to 48 percent of women veterans
were sexually assaulted and up to 80 percent experienced sexual
harassment.
(3) Women veterans with MST are more likely to experience other
mental health conditions. Studies indicate that women are twice as
likely as men to develop post-traumatic stress disorder (PTSD), and
women typically experience more, longer lasting symptoms than their
male counterparts. These symptoms are often accompanied by physical
problems.
(4) Women serving in the Armed Forces are also experiencing an
increasing number of traumatic brain injuries as a result of exposure
to combat conditions.
(5) Depression is a major problem for women veterans, and
substance abuse is common among women veterans being treated for
depression or PTSD.
SEC. 2. Section 65 of the Military and Veterans Code is amended to
read:
65. The board shall consist of nine members who shall be
appointed by the Governor subject to the confirmation of the Senate.
SEC. 3. Section 66 of the Military and Veterans Code is amended to
read:
66. All members of the board shall be veterans as "veteran" is
defined in Section 18540.4 of the Government Code. One of these
members shall also be retired from the active or reserve forces of
the United States military service. One of these members shall also
be a resident of a California veterans home. Two of the
members shall have served in Operation Iraqi Freedom or Operation
Enduring Freedom. This section shall not be construed to prohibit
be a resident of a California veterans home. This
section shall not be construed to prohibit a member of the
board who does not meet these requirements from serving the remainder
of his or her term.
SEC. 4. Section 66.5 of the Military and Veterans Code is amended
to read:
66.5. (a) One member of the board shall have substantial training
or professional expertise in mortgage lending and real estate
finance.
(b) One other member of the board shall have substantial training
or professional expertise in mental health counseling,
geriatrics, gerontology, or long-term care.
(c) One member of the board shall have an accounting or auditing
background, and preferably shall be a certified public accountant.
(d) One member of the board shall have substantial training or
professional expertise in mental health counseling, preferably in the
areas of posttraumatic stress disorder, military sexual trauma, or
both.
(e) One member of the board shall have a degree in health care
administration or shall have experience in the financial management
of health care facilities.
(d)
(f) Nothing in this section shall be construed to
prohibit any member of the board from serving the remainder of his or
her term.
(e)
(g) The first vacancy in the membership of the board,
that occurs after September 27, 2002 2012
, and does not require the training or expertise required by
subdivision (a) or (b), shall be filled by the appointment of a
member who meets the criteria required by subdivision (c).
(f)
(h) It is the intent of the Legislature to encourage
the Governor, when making the appointments to the board, to consider
a veteran with specific expertise in women veterans' mental and
physical health issues.
SEC. 5. Section 84 of the Military and Veterans Code is amended to
read:
84. (a) The secretary may , whenever he or she deems
it advisable , and shall when required so to do by the
board , present reports and recommendations to the board
concerning any matter relating to veterans' welfare whether or not
provided by existing law.
(b) Notwithstanding any other provision of law, the secretary
shall not recommend or effectuate any policy change that would modify
any veterans' program without first fully briefing the board
regarding the effects upon veterans of the proposed policy change.
(c) For the purposes of this section and Section 700, "program"
means the Veterans' Home of California, the veterans' farm and home
purchase program, including any associated insurance programs, any
veterans' education assistance program, and any other program or
service offered or delivered to veterans by another state agency or
department.
(d) "Policy change" for the purposes of this section means any
proposed changes to the programs set forth in subdivision (c) that
would directly or indirectly affect the eligibility of veterans to
participate in, the affordability for veterans of, or the financial
stability of, those programs.