BILL NUMBER: AB 1739 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2012
INTRODUCED BY Assembly Member Allen
FEBRUARY 16, 2012
An act to amend Sections 1014 and 1050
Section 1047 of the Military and Veterans Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 1739, as amended, Allen. Veterans' Home of California:
policies and procedures: review. Morale, Welfare, and
Recreation Fund: Veterans' Home Allied Council: operation of
facilities and activities.
Existing law provides for the establishment and operation of the
Veterans' Home of California at various sites, and requires each home
to be under the management and control of the Department of Veterans
Affairs, subject to the policies adopted by the California Veterans
Board.
This bill would require the California Veterans Board to review
any policy that applies to all veterans' homes regardless of its
source or process.
Existing law establishes the a
Veterans' Home Allied Council for each home pursuant to
the constitution of the Allied Council, Veterans' Home of California,
comprised of members of the home, as an advisory body to the
Administrator of the Veterans' Home
administrator of the home . Existing law requires the
administrator to maintain a Morale, Welfare, and Recreation Fund that
shall be used to provide certain operations and activities relating
to the gene ral welfare of the veterans.
This bill would require the Veterans' Home Allied Council
to review each policy and procedure adopted for the veterans' home
for which the council was established authorize the
administrator to enter into an agreement with an allied council that
authorizes that council to operate facilities and activities
described above. The bill would require the agreement to be in the
form and manner as specified by the administrator .
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 1047 of the Military
and Veterans Code is amended to read:
1047. (a) The administrator shall maintain a Morale, Welfare, and
Recreation Fund that shall be used, at the discretion of the
administrator and subject to the approval of the secretary, to
provide for the general welfare of the veterans, including, but not
limited to, providing for operations of the Veterans' Home Exchange,
hobby shop, motion picture theater, library, band, and any other
function that is operated for the morale, welfare, and recreation of
the veterans, and to pay for newspapers, chapel expenses, welfare and
entertainment expenses, sport activities, celebrations, and any
other activity that is for the morale, welfare, and recreation of the
veterans.
(b) Money in the Morale, Welfare, and Recreation Fund may not be
expended for any of the following:
(1) Medical treatments or any other related treatment.
(2) Maintenance of the physical plant of the home.
(3) Any function, operation, or activity that is not directly
related to the morale, welfare, or recreation of the veterans.
(c) Appropriations from the General Fund for the purposes
described in paragraph (3) of subdivision (b) may not be reduced for
the purpose of, or to have the effect of, requiring increased
expenditures from the Morale, Welfare, and Recreation Fund for those
described purposes.
(d) The administrator shall prepare an itemized report that is
organized by category and accounts for all expenditures made from the
Morale, Welfare, and Recreation Fund during the previous fiscal year
and shall submit the report on or before August 20 of each year to
all of the following:
(1) The secretary.
(2) The fiscal committees of the Assembly and the Senate.
(3) The committees of the Assembly and the Senate that have
subject matter jurisdiction over veterans' affairs.
(4) The Veterans' Home Allied Council.
(e) The Morale, Welfare, and Recreation Fund for the Veterans'
Home of California, Yountville, shall maintain a reserve in the
amount of two million dollars ($2,000,000). The reserve shall be
invested in securities, upon the advice of the Morale, Welfare, and
Recreation Fund Advisory Committee and with the approval of the
administrator and the secretary.
(f) The administrator may enter into an agreement with an allied
council that authorizes that council to operate facilities and
activities authorized pursuant to this section. The agreement shall
be in the form and manner as specified by the administrator.
SECTION 1. Section 1014 of the Military and
Veterans Code is amended to read:
1014. (a) The home shall be under the management and control of
the department and subject to the policies adopted by the California
Veterans Board.
(b) Notwithstanding any other law, the California Veterans Board
shall review any policy that applies to all veterans' homes
regardless of its source or process.
SEC. 2. Section 1050 of the Military and
Veterans Code is amended to read:
1050. (a) Veterans' Home Allied Councils, which are established
pursuant to the constitution of the Allied Council, Veterans' Home of
California, for each veterans' home, and which are composed of
members of each home, are hereby recognized as established advisory
bodies to the administrator of each veterans' home. Each Veterans'
Home Allied Council may also represent veterans who reside at the
veterans' home for which the council was established in matters
before the Legislature. In the course of providing that
representation, each council shall comply with the following
requirements:
(1) The council's representation shall be approved by a majority
of the voting members of the council.
(2) The council shall not engage in any campaign or endorse public
candidates in connection with that representation.
(3) The council's actions shall be in accordance with its
constitution, bylaws, and policies and procedures.
(b) Notwithstanding any other law, the council shall review each
policy and procedure adopted for the veterans' home for which the
council was established.