BILL NUMBER: AB 3000	CHAPTERED  08/16/04

	CHAPTER  239
	FILED WITH SECRETARY OF STATE  AUGUST 16, 2004
	APPROVED BY GOVERNOR  AUGUST 16, 2004
	PASSED THE SENATE  JULY 29, 2004
	PASSED THE ASSEMBLY  MAY 10, 2004

INTRODUCED BY   Assembly Members Mountjoy and Runner
   (Coauthors: Assembly Members La Malfa and Leslie)
   (Coauthors: Senators Denham and Morrow)

                        FEBRUARY 20, 2004

   An act to amend Sections 1012 and 1012.2 of the Military and
Veterans Code, relating to veterans homes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3000, Mountjoy.  Veterans' Homes.
   Existing law establishes Veterans' Homes of California for all
veterans who are residents of California.  Under existing law,
priority admission status to a veterans' home is given to Medal of
Honor recipients.  Existing law also requires residents of the
California Veterans' Homes who receive an aid and attendance stipend
from the federal government to provide this subsidy to the homes in
receipt for assistance.
   This bill would extend priority admission status to prisoners of
war, and would exempt residents of domiciliary units of the
California Veterans' Homes from providing aid and attendance stipends
to the homes in receipt for assistance.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1012 of the Military and Veterans Code is
amended to read:
   1012.  (a) Except as provided in Section 1012.4, the home is for
aged and disabled persons who served in the Armed Forces of the
United States of America who were discharged or released from active
duty under honorable conditions from service, who are eligible for
hospitalization or domiciliary care in a veterans' facility in
accordance with the rules and regulations of the United States
Department of Veterans Affairs, and who are bona fide residents of
this state at the time of application; and for the spouses of these
persons if all of the following conditions, as are applicable, are
satisfied:
   (1) Space is available.
   (2) Joint residency will be in the best interests of the home
member, as determined by the administrator.
   (3) The spouse is a bona fide resident of this state at the time
of application for admission to the home and either is married to,
and has resided with, the home member for at least one year, or is
the widow or widower of a recipient of the Medal of Honor or a former
prisoner of war (POW).
   (4) The home member and spouse agree to pay the fees and charges
for joint residency, or for a widow or widower, for the residency,
that the administrator may establish.
   (b) (1) Veterans who qualify for benefits under this chapter due
to service during a time of war shall be given priority over veterans
who qualify due to service during a time of peace.
   (2) Veterans who qualify for benefits under this chapter who are
recipients of the Medal of Honor or who were prisoners of war (POWs)
shall be given priority over all other qualified veterans, regardless
of the level of care required.
   (c) A resident spouse may continue residence after the veteran's
death.
   (d) The property of the home shall be used for this purpose.
  SEC. 2.  Section 1012.2 of the Military and Veterans Code is
amended to read:
   1012.2.  Notwithstanding any other provisions of law, any member
of the home who is receiving an aid and attendance allowance from the
United States Veterans' Administration and who has no dependent
spouse, child, grandchild, father, or mother shall pay to the home an
amount equal to that allowance in all levels of care excluding
domiciliary.  One hundred percent of the moneys received by the home
under this section shall be placed to the credit of the home and
shall augment the current appropriation for the support of the home.