BILL NUMBER: SB 543 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 26, 2015
An act to amend Sections 1010, 1047, 1048, and 1049 of the
Military and Veterans Code, relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
SB 543, as introduced, Wolk. Veterans: Veterans' Home of
California.
Existing law provides for the establishment and operation of the
Veterans' Home of California at various sites, including homes in
Barstow, Chula Vista, Lancaster, Ventura, and Yountville, and
provides for an administrator for each home or homesite. Existing law
defines "home" and "administrator" for these purposes. Existing law
establishes the Veteran's Home Fund in the State Treasury, which
includes the proceeds of certain bonds. Existing law requires, upon
appropriation of the Legislature, the Department of Veterans Affairs
to use money in the fund for the purpose of designing and
constructing veterans' homes in California.
This bill would clarify that veterans' homes include the Veterans'
Homes of California located in Chula Vista, Fresno, Lancaster,
Redding, Ventura, and West Los Angeles.
Existing law requires the administrator of a veterans' home to
maintain a Morale, Welfare, and Recreation Fund, which is required to
be used, at the discretion of the administrator and subject to the
approval of the Secretary of Veterans Affairs, to provide for the
general welfare of the veterans. Existing law specifies the moneys
required to be deposited into the fund, and requires the
administrator to prepare an itemized report for the expenditures made
out of, and deposits made into, the fund. Under existing law, those
reports are required to be submitted to the secretary, the fiscal
committees of the Assembly and Senate, the committees of the Assembly
and the Senate that have subject matter jurisdiction over veterans
affairs, and the Veterans' Home Allied Council on or before August 20
of each year.
This bill would state the intent of the Legislature to enact
legislation to create a statewide Veterans' Home Morale, Welfare, and
Recreation Fund, and to authorize the Department of Veterans Affairs
to promulgate rules and regulations related to that fund through a
stakeholder process that includes residents of the Veterans' Homes of
California. The bill would state the Legislature's intent that those
rules and regulations include, but not be limited to, a yearly
budgeting process for moneys to be expended in each home. The bill
would also make technical, nonsubstantive changes to the provisions
described above relating to Morale, Welfare, and Recreation Funds.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to enact
legislation that accomplishes both of the following:
(a) Creates a statewide Veterans' Home Morale, Welfare, and
Recreation Fund.
(b) Authorizes the Department of Veterans Affairs to promulgate
rules and regulations related to the statewide Veterans' Home Morale,
Welfare, and Recreation Fund through a stakeholder process that
includes residents of the Veterans' Homes of California. It is
further the intent of the Legislature that these rules and
regulations include, but not be limited to, a yearly budgeting
process for moneys to be expended in each home.
SEC. 2. Section 1010 of the Military and Veterans Code is amended
to read:
1010. As used in this chapter:
(a) "Home" means the Veterans' Home of California,
Yountville, and the Veterans' Home of California, Barstow.
Barstow, the Veterans' Home of California, Chula Vista, the
Veterans' Home of California, Fresno, the Veterans' Home of
California, Lancaster, the Veterans' Home of California, Redding, the
Veterans' Home of California, Ventura, the Veterans' Home of
California, West Los Angeles, and the Veterans' Home of California,
Yountville.
(b) "Administrator" means the Administrator of the Veterans' Home
of California , Yountville, and the Administrator of each
site of the southern California Veterans' Home, including, but not
limited to, the Veterans' Home of California, Barstow.
Barstow, the Administrator of the Veterans' Home of California,
Chula Vista, the Administrator of the Veterans' Home of
California, Fresno, the Administrator of the Veterans'
Home of California, Lancaster, the Administrator of the
Veterans' Home of California, Redding, the Administrator
of the Veterans' Home of California, Ventura, the
Administrator of the Veterans' Home of California, West Los Angeles,
and the Administrator of the Veterans' Home of Californ
ia, Yountville.
(c) "Department" means the Department of Veterans Affairs.
(d) "Director" means the Director of Veterans Affairs.
(e) "Veteran" means a member of the home.
SEC. 3. Section 1047 of the Military and Veterans Code is amended
to read:
1047. (a) The administrator at each home 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.
SEC. 4. Section 1048 of the Military and Veterans Code is amended
to read:
1048. (a) The Morale, Welfare, and Recreation Fund shall include
proceeds from the California Veterans Homes Fund, operations of the
Veterans' Home Exchange, revenue derived from the issuance of
prisoner-of-war special license plates pursuant to Section 5101.5 of
the Vehicle Code, all funds derived from golf course green fees and
range ball fees, all donations to the fund, interest earned on
invested funds, funds derived from the estates of deceased members,
and any other moneys or property described in this chapter,
including, but not limited to, moneys and properties received by the
home from estate assets located outside the home, regardless of
amount.
(b) The administrator at each home shall prepare an
itemized report that is organized by category and accounts for all
funds deposited into the Morale, Welfare, and Recreation Fund and
transmitted to the Controller under Section 1047 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.
SEC. 5. Section 1049 of the Military and Veterans Code is amended
to read:
1049. Moneys in the Morale, Welfare, and Recreation Fund
maintained under subdivision (a) of Section 1047 may be used to
establish or operate a Veterans' Home Exchange that may conduct any
lawful endeavor which, in the judgment of the administrator, will
benefit the veterans, except as prohibited under subdivision (b) of
Section 1047. The administrator at each home may establish
the Veterans' Home Exchange to operate at a profit.