California Legislature—2013–14 Regular Session

Assembly BillNo. 614


Introduced by Assembly Member Chávez

February 20, 2013


An act to amend Section 1012 of the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 614, as introduced, Chávez. Veterans’ homes of California: priority admission.

Existing law establishes a Veterans’ Home of California at specified sites for aged and disabled veterans who served in the United States Armed Forces. Existing law requires veterans who served during a time of war to be given priority admission over those who served in a time of peace, and requires highest priority to be given to Medal of Honor recipients and former prisoners of war.

This bill would instead require, on and after January 1, 2014, priority admission to be given first to Medal of Honor recipients and former prisoners of war, then to veterans whose financial status makes them unable to pay for necessary hospital or domiciliary care, and then to veterans who served during a time of war.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1012 of the Military and Veterans Code
2 is amended to read:

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1012.  

(a) Except as provided in Section 1012.4, the home is
2for aged and disabled persons who served in the Armed Forces of
3the United States of America who were discharged or released
4from active duty under honorable conditions from service, who
5are eligible for hospitalization or domiciliary care in a veterans’
6facility in accordance with the rules and regulations of the United
7States Department of Veterans Affairs, and who are bona fide
8residents of this state at the time of application; and for the spouses
9of these persons if all of the following conditions, as are applicable,
10are satisfied:

11(1) Space is available.

12(2) Joint residency will be in the best interests of the home
13member, as determined by the administrator.

14(3) The spouse is a bona fide resident of this state at the time
15of application for admission to the home and either is married to,
16and has resided with, the home member for at least one year, or is
17the widow or widower of a recipient of the Medal of Honor or a
18former prisoner of war (POW).

19(4) The home member and spouse agree to pay the fees and
20charges for joint residency, or for a widow or widower, for the
21residency, that the administrator may establish.

22(b) (1) Veterans who qualify for benefits under this chapter due
23to service during a time of war shall be given priority over veterans
24who qualify due to service during a time of peace.

25(2) Veterans who qualify for benefits under this chapter who
26are recipients of the Medal of Honor or who were prisoners of war
27(POWs) shall be given priority over all other qualified veterans,
28regardless of the level of care required.

begin insert

29(3) This subdivision shall apply to veterans admitted to the home
30prior to January 1, 2014.

end insert
begin insert

31(c) (1) Priority admission shall be given to veterans who qualify
32for benefits under this chapter in the following order:

end insert
begin insert

33(A) First, to veterans who are recipients of the Medal of Honor
34or who were POWs.

end insert
begin insert

35(B) Second, to veterans whose financial status makes them
36unable to pay for necessary hospital or domiciliary care.

end insert
begin insert

37(C) Third, to veterans who served during a time of war.

end insert
begin insert

38(2) This subdivision shall apply to veterans admitted to the home
39on and after January 1, 2014.

end insert
begin delete

40(c)

end delete

P3    1begin insert(d)end insert A resident spouse may continue residence after the veteran’s
2death.

begin delete

3(d)

end delete

4begin insert(e)end insert The property of the home shall be used for this purpose.



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