Bill Text: CA AB255 | 2015-2016 | Regular Session | Amended

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Bill Title: Veterans: Internal Audits for Veterans Affairs.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB255 Detail]

Download: California-2015-AB255-Amended.html

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BILL NUMBER: AB 255	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2015
	AMENDED IN ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015

INTRODUCED BY   Assembly Member Irwin
   (Principal coauthor: Assembly Member Mathis)
   (Coauthors: Assembly Members  Brough  
  and Brown   Brough,   Brown,
  and Salas )

                        FEBRUARY 9, 2015

   An act to add and repeal Sections 73.5 and 73.6 of the Military
and Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 255, as amended, Irwin. Veterans:  Inspector General
  Internal Audits  for Veterans Affairs.
   Existing law establishes the Department of Veterans Affairs and
designates the Secretary of Veterans Affairs as the chief
administrative officer of the department. Existing law also
establishes the California Veterans Board, and requires the board to
advise the department and secretary on policies for operations of the
department. Existing law provides for veterans programs, including
the veterans farm and home purchase programs, and provides for
veterans homes.
   This bill would create the office of Internal Audits for Veterans
Affairs, the chief auditor of which would be subject to the direction
of the secretary within the department. The bill would require the
chief auditor to be appointed by the Governor, subject to Senate
confirmation. The chief auditor would be responsible for reviewing
and investigating, at the request of the secretary or other members
of senior management of the department, the operations and financial
condition of each California veterans home, each veterans farm and
home purchase program, and other department programs and functions.
Beginning January 1, 2017, and each year thereafter, the bill would
require the chief auditor to submit a summary report to the board and
the appropriate committees of the Legislature providing information
about the office's activities and recommendations that lead to
departmental efficiencies and improvements.
   The bill would authorize the chief auditor to receive
communications from any individual who believes he or she may have
information that warrants a review or investigation of a veterans
program. The bill would require the chief auditor to establish a
toll-free telephone number to report alleged wrongdoing regarding
veterans programs.
   The bill would repeal the provisions described above on January 1,
2020.
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   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.  Section 73.5 is added to the Military and Veterans
Code, to read:
   73.5.  (a) (1) There is hereby created the office of Internal
Audits for Veterans Affairs within the department.
   (2) The chief auditor shall be appointed by the Governor, subject
to Senate confirmation.
   (3) The chief auditor shall be subject to the direction of the
secretary.
    (b) The chief auditor shall conduct reviews and investigations at
the request of the secretary or other members of senior management
of the department with the intent of increasing efficiencies,
improving operations, and reducing fraud, waste, and abuse. The chief
auditor's work shall include, but not be limited to, both of the
following:
   (1) Reviewing the operations and financial condition of each
California veterans home and  each  veterans farm and home
purchase program, and other department programs and functions.
   (2) Investigating allegations of department employee misconduct
and reporting any findings of misconduct directly to the secretary,
for further action that the secretary may deem necessary.
   (c) To ensure the independence of the audit function, the
department and chief auditor are subject to the requirements set
forth in subdivision (a) of Section 13887 of, and Sections 13887.5
and 13888 of, the Government Code.
   (d) Beginning January 1, 2017, and each year thereafter, the chief
auditor shall submit a summary report to the board and the
appropriate committees of the Legislature providing information about
the office's activities and identifying recommendations that lead to
departmental efficiencies and improvements.
   (e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
  SEC. 2.  Section 73.6 is added to the Military and Veterans Code,
to read:
   73.6.  (a) The chief auditor may receive communications from any
individual, including, but not limited to, a participant in a 
veterans  farm and home purchase program or a resident of a
California veterans home, who believes he or she may have information
that warrants a review or investigation of a department veterans
program. If requested, the identity of the person providing the
information shall be held as confidential by the chief auditor and
may be disclosed only to the secretary or senior management of the
department when necessary to resolve the complaint.
   (b)  (1)    To enhance accountability, the chief
auditor shall establish a toll-free public telephone number for the
purpose of identifying any alleged wrongdoing regarding the
department or its programs. This telephone number shall be posted at
every California veterans home and throughout all department and
county veterans service offices, in clear view of all veterans home
residents, employees, and the public.  In addition, the
  The  telephone number shall be issued to every
participant of a home purchase program.  When 
    (2)     When  deemed appropriate by
the chief auditor, he or she shall initiate a review or investigation
of any alleged wrongdoing. The request shall be confidential and is
not subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
   (c) The identity of the person providing the information that
initiated the review or investigation shall not be disclosed without
that person's written permission, except in response to a court order
or to a law enforcement agency in the furtherance of its duties.
   (d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
  SEC. 3.  The Legislature finds and declares that Section 2 of this
act, which adds Section 73.6 of the Military and Veterans Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
   In order to protect the privacy of persons who provide information
of alleged wrongdoing by or complaints against veterans programs to
the Chief Auditor for Veterans Affairs, the limitations on the public'
s right of access imposed by Section 2 of this act are necessary.