BILL NUMBER: SB 1440	CHAPTERED
	BILL TEXT

	CHAPTER  659
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2014
	PASSED THE SENATE  AUGUST 28, 2014
	PASSED THE ASSEMBLY  AUGUST 27, 2014
	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  APRIL 22, 2014
	AMENDED IN SENATE  APRIL 1, 2014

INTRODUCED BY   Senator Wolk
   (Principal coauthor: Assembly Member Achadjian)
   (Coauthors: Senators Block, Knight, and Vidak)
   (Coauthors: Assembly Members Brown and Yamada)

                        FEBRUARY 21, 2014

   An act to amend Section 1012.3 of the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1440, Wolk. Veterans' homes: fees and charges.
   Existing law provides for the establishment and operation of the
Veterans Home of California at various sites for aged and disabled
veterans who meet certain eligibility requirements. Existing law
requires members of the homes to pay fees and charges as determined
by the department, but prohibits the total of the member's fees and
charges for specified types of care for any fiscal year to be greater
than a certain percentage of the member's annual income. Existing
law also requires nonveteran spouses who become members of the home
on or after July 1, 2009, to pay fees and charges based on the level
of care, as specified, or an amount equal to the annual amount of
federal per diem received for a veteran member in domiciliary care,
whichever is greater, as provided.
   This bill would instead require nonveteran spouses to pay the same
fees and charges as paid by the veteran members of the home, as
determined by the department and subject to the same prohibitions.
   This bill would incorporate additional changes to Section 1012.3
of the Military and Veterans Code proposed by AB 614 that would
become operative if this bill and AB 614 are both chaptered and this
bill is chaptered last.


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

  SECTION 1.  Section 1012.3 of the Military and Veterans Code is
amended to read:
   1012.3.  Members of the home, including members who are nonveteran
spouses, shall pay fees and charges as determined by the department,
except that the total of the individual member's fees and charges
for any fiscal year shall not be greater than as set forth in the
following schedule:
   (a) Forty-seven and one-half percent of the member's annual income
for domiciliary care.
   (b) Fifty-five percent of the member's annual income for
residential care for the elderly or assisted living.
   (c) Sixty-five percent of the member's annual income for
intermediate care.
   (d) Seventy percent of the member's annual income for skilled
nursing care.
  SEC. 1.5.  Section 1012.3 of the Military and Veterans Code is
amended to read:
   1012.3.  (a) Members of the home, including members who are
nonveteran spouses, shall pay fees and charges as determined by the
department, except that the total of the individual member's fees and
charges for any fiscal year shall not be greater than as set forth
in the following schedule:
   (1) Forty-seven and one-half percent of the member's annual income
for domiciliary care.
   (2) Fifty-five percent of the member's annual income for
residential care for the elderly or assisted living.
   (3) Sixty-five percent of the member's annual income for
intermediate care.
   (4) Seventy percent of the member's annual income for skilled
nursing care.
   (b) Subdivision (a) shall not apply to a member of the home who is
in intermediate care or skilled nursing care and has a disability
that has been rated by the United States Department of Veterans
Affairs as being 70 percent or more service-connected, as determined
under Part 4 of Title 38 of the Code of Federal Regulations and whose
related payments made under Section 51.41 of Title 38 of the Code of
Federal Regulations are considered by the United States Department
of Veterans Affairs as payment in full for the member's care.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 1012.3 of the Military and Veterans Code proposed by both
this bill and Assembly Bill 614. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, but this bill becomes operative first, (2) each bill amends
Section 1012.3 of the Military and Veterans Code, and (3) this bill
is enacted after Assembly Bill 614, in which case Section 1012.3 of
the Military and Veterans Code, as amended by Section 1 of this bill,
shall remain operative only until the operative date of Assembly
Bill 614, at which time Section 1.5 of this bill shall become
operative.