BILL NUMBER: SB 727	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 699.5 of the Military and Veterans Code is
amended to read:
   699.5.  (a) 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   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
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.
   (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:   section,
the following definitions shall apply: 
   (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.