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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 255	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Irwin

                        FEBRUARY 9, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 255, as introduced, Irwin. Veterans: Inspector General 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 Inspector General for
Veterans Affairs, who would be subject to the direction of the
Governor, within the department. The bill would require the inspector
general to be appointed by the Governor, subject to Senate
confirmation. The inspector general would be responsible for
reviewing the operations and financial condition of each California
veterans home, each veterans farm and home purchase program, and all
other veterans programs supported by the state. Beginning January 1,
2017, and each year after, the bill would require the inspector
general to submit a report to the board and the Legislature and make
any recommendations he or she deems necessary for improving the
operations of the veterans programs.
   The bill would authorize the inspector general 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 authorize, and in some instances require, the
inspector general to conduct a review or investigation. The bill
would also require the establishment of 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 Inspector
General for Veterans Affairs within the department.
   (2) The inspector general shall be appointed by the Governor,
subject to Senate confirmation.
   (3) (A) The inspector general shall be subject to the direction of
the Governor.
   (B) The inspector general shall provide ongoing and independent
advice to the board regarding any issue that is being considered by
the board.
   (b) The inspector general shall be responsible for all of the
following:
   (1) Reviewing the operations and financial condition of each
California veterans home and veterans farm and home purchase program.
For the purposes of reviewing the operations of each veterans home,
the Veterans Home Allied Council and home residents shall have
unfettered access to the inspector general.
   (2) Reviewing the operation and financial condition of all other
veterans programs supported by the state including, but not limited
to, county veterans service offices and veterans memorials.
   (3) Investigating any 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) (1) The inspector general shall conduct a review or
investigation, as specified in subdivision (b), if requested to do so
by the Governor, any member of the board, or the secretary. In
addition, the inspector general may conduct a review or
investigation, as specified in subdivision (b), as he or she deems
necessary or if requested by any Member of the Legislature or any
member of the public.
   (2) Whenever the inspector general conducts a review or
investigation pursuant to a request of any Member of the Legislature,
the inspector general shall submit a report of his or her findings
to that member.
   (d) (1) Beginning January 1, 2017, and each year after, the
inspector general shall submit a report to the board and the
Legislature and make any recommendations he or she deems necessary
for improving the operations of the veterans programs.
   (2) A report submitted to the Legislature pursuant to paragraph
(1) shall comply with Section 9795 of the Government Code.
   (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 inspector general may receive communications from
any individual, including, but not limited to, a participant in a
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 veterans program that is supported by
the state. The identity of the person providing the information shall
be held as confidential by the inspector general and may be
disclosed only to the Governor, any member of the board, any Member
of the Legislature, or the secretary, as the inspector general deems
appropriate and in the furtherance of his or her duties.
   (b) In order to properly respond to any allegation, the inspector
general shall establish a toll-free public telephone number for the
purpose of identifying any alleged wrongdoing regarding veterans
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 telephone number shall be
issued to every participant of a home purchase program. When deemed
appropriate by the inspector general, he or she shall initiate a
review or investigation of any alleged wrongdoing. However, any
request to conduct an investigation shall be in writing. 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 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 Inspector General for Veterans Affairs, the limitations on the
public's right of access imposed by Section 2 of this act are
necessary.