BILL NUMBER: SB 4 CHAPTERED 10/09/01 CHAPTER 599 FILED WITH SECRETARY OF STATE OCTOBER 9, 2001 APPROVED BY GOVERNOR OCTOBER 7, 2001 PASSED THE SENATE SEPTEMBER 14, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 AMENDED IN ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN ASSEMBLY JULY 16, 2001 AMENDED IN ASSEMBLY JULY 10, 2001 AMENDED IN SENATE JUNE 4, 2001 INTRODUCED BY Senator Johannessen DECEMBER 4, 2000 An act to amend Section 1011.7 of the Military and Veterans Code, relating to veterans. LEGISLATIVE COUNSEL'S DIGEST SB 4, Johannessen. Veterans' Home of California. Existing law establishes homes for veterans in several cities and authorizes the construction of other homes in specified locations if designated conditions are met. Existing law, in effect until January 1, 2002, establishes the Governor's Commission on Veterans Homes to advise the Governor and the Legislature on the establishment of veterans homes in California, including possible sites for the homes. This bill would extend the operation of the commission until January 1, 2003, and would specifically include Shasta County, the Central Valley, and Los Angeles County within those possible sites. The bill would incorporate changes made by AB 494 that would become operative if both bills are enacted and this bill is enacted after AB 494. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1011.7 of the Military and Veterans Code is amended to read: 1011.7. (a) There is hereby created a Governor's Commission on Veterans Homes to advise the Governor and the Legislature on the establishment of veterans homes in California. (b) The commission shall consist of 12 members as follows: (1) A member of the Veterans of Foreign Wars, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the Veterans of Foreign Wars. (2) A member of the American Legion, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the American Legion. (3) A member of the Disabled American Veterans, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the Disabled American Veterans. (4) A member of the AmVets, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the AmVets. (5) Three veterans, as defined by Section 980, appointed by the Governor. (6) Two members appointed by the Speaker of the Assembly, one of whom shall be a veteran, as defined by Section 980, and one of whom shall serve as an ex officio, nonvoting member. (7) Two members appointed by the Senate Committee on Rules, one of whom shall be a veteran, as defined by Section 980, and one of whom shall serve as an ex officio, nonvoting member. (8) The Secretary of Veterans Affairs or his or her designee. (c) (1) In making appointments pursuant to paragraphs (1) to (4), inclusive, of subdivision (b), the Governor shall consult with the leadership of the veterans organizations specified in those paragraphs. (2) Notwithstanding any other provision of law, gubernatorial appointments made pursuant to subdivision (b) shall not be subject to the approval of the Senate. (d) The Governor shall select one of the members to serve as chairperson. (e) The commission shall hold a minimum of four public meetings at times and places as it shall determine. (f) (1) Each member shall receive, for each day's attendance at each meeting of the commission, a per diem of fifty dollars ($50) and shall receive the same per diem for each day spent on official duties assigned by the commission. (2) Each member shall be reimbursed for his or her necessary traveling and other expenses incurred in the performance of his or her official duties. State agencies, including those identified in subdivision (j), may pay a portion of the commission's expenses. (g) (1) The commission shall establish findings and make recommendations to the Governor and the Legislature on the establishment of veterans homes in California. The findings and recommendations may include, but need not be limited to, the following matters: (A) Possible sites for one or more state veterans homes. This recommendation shall give consideration to the availability of federal surplus property and any property available for no cost, or at less than market value, from public or private sources, and to a competitive site-selection process that would compare the relative merits of all available sites, including, but not limited to, Shasta County, the Central Valley, and Los Angeles County. (B) Selection of a site specifically for the treatment of veterans who suffer from Alzheimer's disease or other diseases causing dementia. Preference should be given to a site with access to an existing medical teaching or research facility. (C) The scope and level of health care, residential care, and recreational facilities, and other services and amenities to be provided at each home. (D) The number of sites to be established and the resident population to be served at each site, including a description of the type, size, and projected population of each of the residential components of the home, including, but not limited to, skilled nursing care beds, intermediate care beds, domiciliary care, independent living facilities, and day care facilities. (E) Estimates of design and planning costs, land acquisition costs, capital construction costs, and annual operating costs of each home that would be associated with various modes of construction. (F) Financing options for the development and construction of a home on one or more sites that shall include, but not be limited to, financial assistance available through the federal Department of Veterans Affairs State Home Grants Program. (G) The management of each home by state or private administration. (2) For the purposes of paragraph (1), the commission shall hear testimony from interested citizens concerning the needs of veterans in California. (h) Notwithstanding Section 7550.5 of the Government Code, the commission shall report to the Governor and the Legislature on or before October 1, 2001, concerning its findings and recommendations, as specified in subdivision (g), for the development and construction activities associated with veterans homes in California. (i) (1) Any new veterans homes sites recommended by the Governor's Commission on Veterans Homes shall be in addition to, and any new homes shall be built after, those listed in Section 1011. (2) Priority for new veterans home sites shall be in areas that have been underserved, specifically in the San Joaquin Valley and the Los Angeles Basin. (j) State agencies, including, but not limited to, the Governor's Office of Planning and Research, the Department of Veterans Affairs, the office of the Treasurer, and the Project Management Branch within the Real Estate Services Division of the Department of General Services, may provide staff assistance to the commission upon its request. (k) The commission may solicit and accept private donations, through the secretary, from any person, association, or entity interested in veterans benefits. (l) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date. SEC. 1.5. Section 1011.7 of the Military and Veterans Code is amended to read: 1011.7. (a) There is hereby created a Governor's Commission on Veterans Homes to advise the Governor and the Legislature on the establishment of veterans homes in California. (b) The commission shall consist of 12 members as follows: (1) A member of the Veterans of Foreign Wars, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the Veterans of Foreign Wars. (2) A member of the American Legion, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the American Legion. (3) A member of the Disabled American Veterans, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the Disabled American Veterans. (4) A member of the AmVets, appointed by the Governor from a list of three names submitted to the Governor by the Commander of the AmVets. (5) Three veterans, as defined by Section 980, appointed by the Governor. (6) Two members appointed by the Speaker of the Assembly, one of whom shall be a veteran, as defined by Section 980, and one of whom shall serve as an ex officio, nonvoting member. (7) Two members appointed by the Senate Committee on Rules, one of whom shall be a veteran, as defined by Section 980, and one of whom shall serve as an ex officio, nonvoting member. (8) The Secretary of Veterans Affairs or his or her designee. (c) (1) In making appointments pursuant to paragraphs (1) to (4), inclusive, of subdivision (b), the Governor shall consult with the leadership of the veterans organizations specified in those paragraphs. (2) Notwithstanding any other provision of law, gubernatorial appointments made pursuant to subdivision (b) shall not be subject to the approval of the Senate. (d) The Governor shall select one of the members to serve as chairperson. (e) The commission shall hold a minimum of four public meetings at times and places as it shall determine. (f) (1) Each member shall receive, for each day's attendance at each meeting of the commission, a per diem of fifty dollars ($50) and shall receive the same per diem for each day spent on official duties assigned by the commission. (2) Each member shall be reimbursed for his or her necessary traveling and other expenses incurred in the performance of his or her official duties. State agencies, including those identified in subdivision (j), may pay a portion of the commission's expenses. (g) (1) The commission shall establish findings and make recommendations to the Governor and the Legislature on the establishment of veterans homes in California. The findings and recommendations may include, but need not be limited to, the following matters: (A) Possible sites for one or more state veterans homes. This recommendation shall give consideration to the availability of federal surplus property and any property available for no cost, or at less than market value, from public or private sources, and to a competitive site-selection process that would compare the relative merits of all available sites, including, but not limited to, Shasta County, the Central Valley, and Los Angeles County. (B) Selection of a site specifically for the treatment of veterans who suffer from Alzheimer's disease or other diseases causing dementia. Preference should be given to a site with access to an existing medical teaching or research facility. (C) The scope and level of health care, residential care, and recreational facilities, and other services and amenities to be provided at each home. (D) The number of sites to be established and the resident population to be served at each site, including a description of the type, size, and projected population of each of the residential components of the home, including, but not limited to, skilled nursing care beds, intermediate care beds, domiciliary care, independent living facilities, and day care facilities. (E) Estimates of design and planning costs, land acquisition costs, capital construction costs, and annual operating costs of each home that would be associated with various modes of construction. (F) Financing options for the development and construction of a home on one or more sites that shall include, but not be limited to, financial assistance available through the federal Department of Veterans Affairs State Home Grants Program. (G) The management of each home by state or private administration. (2) For the purposes of paragraph (1), the commission shall hear testimony from interested citizens concerning the needs of veterans in California. (h) The commission shall report to the Governor and the Legislature on or before October 1, 2001, concerning its findings and recommendations, as specified in subdivision (g), for the development and construction activities associated with veterans homes in California. (i) (1) Any new veterans homes sites recommended by the Governor's Commission on Veterans Homes shall be in addition to, and any new homes shall be built after, those listed in Section 1011. (2) Priority for new veterans home sites shall be in areas that have been underserved, specifically in the San Joaquin Valley and the Los Angeles Basin. (j) State agencies, including, but not limited to, the Governor's Office of Planning and Research, the Department of Veterans Affairs, the office of the Treasurer, and the Project Management Branch within the Real Estate Services Division of the Department of General Services, shall provide staff assistance to the commission upon its request. (k) The commission may solicit and accept private donations, through the secretary, from any person, association, or entity interested in veterans benefits. (l) This section shall remain in effect only until January 1, 2003, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003, deletes or extends that date. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 1011.7 of the Military and Veterans Code proposed by this bill and AB 494. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2002, (2) each bill amends Section 1011.7 of the Military and Veterans Code, and (3) this bill is enacted after AB 494, in which case Section 1011.7 of the Military and Veterans Code, as amended by AB 494, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.