BILL NUMBER: SB 543 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Wolk
FEBRUARY 26, 2015
An act to amend Sections 1010, 1048, and 1049 of, and to repeal
and add Section 1047 of, the Military and Veterans Code, relating to
veterans, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 543, as amended, 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 Veterans' 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.
This bill would create the Veterans' Home Morale, Welfare and
Recreation Fund ("MWR Fund"), a continuously appropriated fund, in
the State Treasury. The bill would require the administrator of a
veterans' home to deposit all moneys maintained by the
administrator in an existing Morale, Welfare and Recreation
Fund into the statewide MWR Fund. The bill would also
provide for additional funding for the MWR fund from specified
sources, such as operation of a canteen at a home and funds derived
from the estates of deceased residents. The bill would require the
department, in consultation with the residents of each home, the
Veterans' Home Allied Council, and the resident council of each home
to adopt regulations that govern the process by which each home may
request an annual disbursement of funds from the MWR Fund, and by
which the secretary approves and acts upon a request. The bill would
authorize the use of funds in the MWR Fund to provide for the general
welfare of the residents of a home, as specified, and would specify
restrictions on the use of those funds. The bill would require
the department to annually determine the total amount for
disbursement from the MWR fund, and for that disbursement to be
allocated proportionally to each home's relative share of
the total population of the entire veterans home s ystem.
The bill would authorize additional allocations to homes for special
projects for good cause, and to the Veteran's Home of California,
Yountville, if it is appropriate on the basis of the home's unique
age, size, and historical significance. The bill would
authorize the administrator of a home to enter into an agreement with
the Veterans' Home Allied Council to operate facilities and
activities that are related to authorized expenditures from the MWR
Fund, as specified. The bill would require the department to prepare
annual reports regarding moneys deposited into the MWR Fund and
expenditure of those funds, as specified, and to submit the report on
or before August 20 of each year to specified entities. The bill
would authorize the department to invest moneys in the MWR Fund in
the Surplus Money Investment Fund. The bill would authorize
require the administrator of each home to
establish a separate account for the purpose of receiving donations
and require the department, in consultation with the residents of
each home, to adopt regulations for expenditure of those funds.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
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, 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, 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 California, 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
repealed.
SEC. 4. Section 1047 is added to the Military and Veterans Code,
to read:
1047. (a) (1) The Veterans' Home Morale, Welfare, and Recreation
Fund ("MWR Fund") is hereby created in the State Treasury.
Notwithstanding Section 13340 of the Government Code, all funds
deposited in the MWR Fund as authorized by this section shall be
continuously appropriated to the department, without regard to fiscal
year. All references in this chapter to the "Morale, Welfare, and
Recreation Fund" or "MWR Fund" are deemed to refer to the fund
created by this paragraph.
(2) The administrator of a home shall deposit all moneys
maintained by the administrator in a Morale, Welfare, and Recreation
Fund pursuant to this section as it read on January 1, 2015, into the
Veterans' Home Morale, Welfare, and Recreation Fund created by
paragraph (1).
(3) All future moneys collected as a result of unreimbursed costs
of care determinations are state funds and shall be deposited in the
MWR Fund.
(4) The department, in consultation with the residents at each
home, the Veterans' Home Allied Council, and the resident council at
each home, shall adopt regulations that govern the process by which a
home may make an annual request for a disbursement from the MWR Fund
and the process by which the Secretary of Veterans Affairs shall
review and act upon the request.
(5) Moneys deposited in the MWR Fund are exempt from the
requirements of Article 2 (commencing with Section 11270) of Chapter
3 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) (1) The department may distribute moneys in the MWR Fund to
the homes to provide for the general welfare of the residents of the
homes.
(2) The department shall annually determine the total amount for
disbursement from the MWR Fund to the homes. This amount shall be
disbursed proportionally by each home's relative share of the total
population of the entire veterans home system.
(2)
(3) In addition to the annual disbursement to a home
from the MWR Fund, the Secretary of Veterans Affairs may, on an
annual basis and in his or her discretion, allow for an additional
one-time allocation of moneys in an amount no greater than 5 percent
of that annual disbursement for a special project if the
administrator of the home submits a proposal to the secretary that
shows good cause for the allocation. In developing the proposal, the
administrator shall consult with the residents of the home, the
Veterans' Home Allied Council, or the resident council at the home.
(4) The Secretary of Veterans Affairs may augment the allocation
from the MWR to the Veterans' Home of California, Yountville, after
making a determination that this action is appropriate on the basis
of the home's unique age, size, and historical significance.
(5) The California Veterans Board shall review any proposed
allocation pursuant to paragraph (3) or (4). This review shall
include receiving public comment and soliciting comments from the
Veterans' Home Allied Council or other resident representative body
of each home. The board shall consider and adopt its advice at a
publicly noticed meeting before providing that advice to the
Secretary. The Secretary may act contrary to the board's advice, but
must provide the board with an explanation of why the advice was not
the basis for the Secretary's chosen action.
(3)
(6) For the purposes of this subdivision, providing for
the general welfare of the residents of a home includes, but is not
limited to, operating a canteen, hobby shop, theater, library, or
band, and payment for newspapers, chapel expenses, entertainment
expenses, sports activities, celebrations, or any other function or
activity that is related to the morale, welfare and recreation of the
residents that would not otherwise be paid for by the General Fund.
(c) Moneys in the MWR Fund shall not be expended for the
following:
(1) A medical treatment or a treatment related to a medical
treatment.
(2) The maintenance of the physical plant of a home, except for
capital improvements that directly enhance the quality of life and
general welfare of the residents of the home.
(3) A function, operation, or activity that is not directly
related to the morale, welfare, or recreation of the residents of the
home.
(d) Appropriations from the General Fund for the purposes
described in paragraph (4) of subdivision (b) may not be reduced for
the purpose of, or to have the effect of, requiring increased
expenditures from the MWR Fund for those described purposes.
(e) Beginning on August 20, 2016, and annually on August
20 thereafter, the The department shall prepare
a an itemized report that is organized
by category and accounts for all expenditures from
from, and all funds deposited into, the MWR Fund for the
previous fiscal year, and shall submit the report on or before
August 20, 2016, and annually on or before August 20 thereafter,
to the following:
(1) The Department of Finance.
(2) The fiscal committees of the Assembly and Senate.
(3) The committees of the Assembly and the Senate that have
subject matter jurisdiction over veterans' affairs.
(4) The Veterans' Home Allied Council and the resident council of
each home.
(f) The department shall maintain a reserve in the MWR Fund of two
million dollars ($2,000,000).
(g) The Secretary of Veterans Affairs may augment the allocation
from the MWR to the Veterans' Home of California, Yountville, after
making a determination that this action is appropriate on the basis
of the home's unique age, size, and historical significance.
(h)
(g) The department may transfer funds from the MWR Fund
to the Surplus Money Investment Fund for investment pursuant to
Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of
Division 4 of Title 2 of the Government Code. The amount invested and
the accrued interest or earnings shall be credited to the MWR Fund
for allocation by the department.
(i)
(h) The administrator of a home may enter into an
agreement with the Veterans' Home Allied Council that authorizes the
council to operate facilities and engage in activities that are
authorized by subdivision (b). The agreement shall be in the form and
manner specified by the administrator.
(j)
(i) (1) Each home shall establish an account separate
from the MWR Fund for the purpose of receiving donations.
(2) The department, in consultation with the residents of the
home, shall adopt regulations that govern expenditures from the
donation account described in paragraph (1).
SEC. 5. 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
operation of a canteen, revenue derived from the issuance of
prisoner-of-war special license plates pursuant to Section 5101.5 of
the Vehicle Code, interest earned on invested funds, funds derived
from the estates of deceased residents, 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. Any moneys derived from golf
course green fees, range ball fees, and operations of activities
specifically at the Veterans' Home of California, Yountville, shall
be credited to the MWR Fund allocation for that home.
(b) The department shall prepare an itemized report that is
organized by category and accounts for all funds deposited into 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 Department of Finance.
(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 and the resident council of
each home.
SEC. 6. 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, subject
to approval by the Secretary of Veterans Affairs, to establish or
operate a canteen at each home location. The canteen may sell goods
at a profit.