Senate Bill No. 980

Introduced by Senator Nielsen

February 10, 2016

An act to amend Sections 1010, 1012, 1012.1, 1012.2, 1012.3, 1023, 1031, 1034, 1035.3, 1038, and 1044 of, to repeal Sections 1012.4, 1012.6, 1014, 1015, 1024, 1033.2, and 1051 of, to repeal and add Section 1011 of, and to add Sections 1011.1, 1011.2, 1011.3, and 1011.4 to, the Military and Veterans Code, relating to veterans, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 980, as introduced, Nielsen. Veterans’ homes.

Existing law provides for the establishment and operation of veterans’ homes at various sites, and provides for an administrator of each home, as specified. Existing law establishes the duties of the Department of Veterans Affairs with regard to the establishment and regulation of veterans’ homes.

This bill would revise and recast those provisions. Among other things, the bill would provide that the administrator is the senior executive appointed to oversee the operations of a veterans’ home. The bill would specify which veterans’ homes are administered by the Department of Veterans Affairs. The bill would require the Secretary of Veterans Affairs to adopt uniform statewide policies and procedures, by regulation, for the operation of those veterans’ homes, as specified. The bill would require the department to establish a quality of care assessment team, by a specified date, to conduct periodic reviews of each veterans’ home. The bill would require the secretary to implement a statewide electronic medical record system for veterans’ homes by a specified date. The bill would require the secretary to annually report to the veterans policy committees of the Legislature, as specified.

Existing law establishes the criteria for admission to a veterans’ home, as specified. Existing law establishes the fees and charges for residency, as established by each administrator of a home, and requires each administrator to adopt rules and regulations for the administration of the homes.

This bill would instead require that the fees and charges be established by the secretary, rather than by each administrator, and that the secretary adopt rules and regulations that apply to the homes and the criteria for admission. The bill would authorize the secretary to establish needs-based criteria for admission to veterans’ homes, as specified.

Existing law authorizes a resident spouse to continue his or her residency after a veteran spouse’s death.

This bill would require a resident spouse who continues residency after a veteran spouse’s death to continue to pay all applicable fees and to comply with all department regulations.

Existing law authorizes the department to investigate a veteran’s financial status for admission purposes.

This bill would further authorize the department to determine the total worth of any member’s property or assets for purposes of admission, including to validate income levels for purposes of establishing fees.

Existing law requires 100% of the moneys received by a veterans’ home from veterans receiving federal aid to be placed to the credit of the home to augment the current appropriation for the support of the home.

This bill would delete that provision, and would instead require moneys received by a veterans’ home from those veterans to be deposited into the Federal Trust Fund, a continuously appropriated fund, to be used for the operating costs of the home. Because the moneys would be continuously appropriated for those purposes, the bill would make an appropriation.

Existing law requires members of a veterans’ home to pay fees and charges as determined by the department, subject to a specified fee schedule.

This bill would prohibit the fees paid by a member from exceeding the average costs of care for the level of care in which the member currently resides.

Existing law, upon the death of a veteran in a home, requires any moneys not in excess of $3,000 held by the home for the veteran to be paid to the home’s Morale, Welfare, and Recreation Fund, if no will or heir or other family member is discovered within a specified number of years after his or her death.

This bill would increase the amount that may be transferred to $15,000.

Existing law, upon the departure of a veteran from a home, requires any moneys not in excess of $3,000 held by the home for the veteran to be paid to the home’s Moral, Welfare, and Recreation Fund, if the money is not requested by the veteran within a specified number of years after his or her departure.

This bill would increase the amount that may be transferred to $5,000.

This bill would make other conforming changes and would delete obsolete provisions and references, as specified.

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.  

Section 1010 of the Military and Veterans Code
is amended to read:

1010.  

As used in this begin delete chapter: end delete begin insert chapter, the following terms
have the following meanings: end insert

begin delete

(a) “Home” means the Veterans’ Home of California,
Yountville, and the Veterans’ Home of California, Barstow.

end delete begin delete

(b)

end delete

begin insert (a) end insert  “Administrator” means the begin delete 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. end delete begin insert senior
executive appointed to oversee the operations of a home. end insert

begin delete

(c)

end delete

begin insert (b) end insert  “Department” means the Department of Veterans Affairs.

begin insert

(c) “Deputy secretary” means the Deputy Secretary of Veterans
Homes.

end insert

(d) “Director” or begin insert “secretary” end insert means the begin delete Director end delete begin insert Secretary end insert of
Veterans Affairs.

begin delete

(e) “Veteran” means a member of the home.

end delete begin insert

(e) “Home” means any facility operated by the department for
the provision of long-term care, assisted living, adult day health,
independent living, or other health care services to eligible
veterans.

end insert begin insert

(f) “Member” means any veteran or nonveteran spouse who
has been admitted to residency at any home.

end insert begin insert

(g) “Veteran” means a person who is eligible for benefits under
this chapter.

end insert

SEC. 2.  

Section 1011 of the Military and Veterans Code is
repealed.

begin delete

1011.  

(a) There is in the department a Veterans’ Home of
California, Yountville, situated at Veterans’ Home, Napa County.

(b) (1) The department may establish and construct a second
home that shall be situated in the County of Imperial, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, or Ventura. The
home may be located on one or more sites. The department shall
operate the second home concurrently with the first home.

(2) The initial site is the Veterans’ Home of California, Barstow,
situated in Barstow, San Bernardino County. That site may provide
skilled nursing care for up to 250 residents.

(3) When completed, the second site shall be the Veterans’
Home of California, Chula Vista, situated in Chula Vista, San
Diego County, pursuant to the recommendations made by the
commission established pursuant to former Section 1011.5.

(4) When completed, the third site shall be the Veterans’ Home
of California, Lancaster, situated in Lancaster, Los Angeles County,
pursuant to the recommendations made by the commission
established pursuant to former Section 1011.5.

(5) When completed, the fourth site shall be the Veterans’ Home
of California, Ventura, situated in the community of Saticoy,
Ventura County.

(6) There shall be an administrator for, and located at, each site
of the southern California home.

(7) The department may complete any preapplication process
necessary with the United States Department of Veterans Affairs
for construction of the second home.

(c) The Legislature hereby finds and declares that the second
home is a new state function. The department may perform any
or all work in operating the second home by independent
contractors, except the overall administration and management of
the home. Any and all actions of the department taken before
September 17, 1996, that are consistent with this subdivision are
hereby ratified and confirmed, it having at all times been the intent
of the Legislature that the department be so authorized.

(d) There shall be an administrator for each home or homesite,
who shall be recommended by the Secretary of Veterans Affairs
and appointed by the Governor, and shall be located at that home
or homesite. The salary for each administrator shall be subject to
the approval of the Department of Human Resources.

end delete

SEC. 3.  

Section 1011 is added to the Military and Veterans
Code, to read:

1011.  

There is in the department a Veterans’ Home of
California, which the department shall administer. The Veterans’
Home of California is a system comprising the following subsidiary
home locations:

(a) The Veterans’ Home of California, Yountville, in Napa
County.

(b) The Veterans’ Home of California, Barstow, in San
Bernardino County.

(c) The Veterans’ Home of California, Chula Vista, in San Diego
County.

(d) The Veterans’ Home of California, West Los Angeles, in
Los Angeles County.

(e) The Veterans’ Home of California, Lancaster, in Los Angeles
County.

(f) The Veterans’ Home of California, Ventura, in Santa Barbara
County.

(g) The Veterans’ Home of California, Fresno, in Fresno County.

(h) The Veterans’ Home of California, Redding, in Shasta
County.

SEC. 4.  

Section 1011.1 is added to the Military and Veterans
Code, to read:

1011.1.  

(a) The secretary shall adopt uniform statewide policies
and procedures, by regulation, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), for the operation of the homes. The policies and procedures
shall be in conformity, as nearly as possible, to the rules and
regulations of the United States Department of Veterans Affairs
for their facilities and to ensure that adequate care and a homelike
environment is provided in a cost-effective manner for members
of the homes.

(b) These policies and procedures shall implement the
requirements to obtain and maintain required licenses and
accreditations, as well as to ensure members in all homes
throughout the state, to the extent possible, receive equitable
treatment, benefits, and services, and to ensure that high-quality
care is provided.

(c) These policies and procedures shall include, but are not
limited to, all of the following:

(1) The admission of applicants.

(2) The conditions upon which members may enter and remain
in the home.

(3) Resident disciplinary procedures.

(4) Quality of care standards.

(5) An internal quality of care review process.

(6) Delineating which services will be provided to members by
the state.

(7) Setting staffing standards.

(8) Staff training requirements.

(9) Establishment and operation of allied councils.

(10) Any other policies and procedures to ensure the safe and
effective operation of the homes.

(d) On or before July 1, 2017, the department shall establish a
quality of care assessment team, from within existing resources,
to conduct periodic reviews of how each home meets the quality
of care standards adopted pursuant to this section.

SEC. 5.  

Section 1011.2 is added to the Military and Veterans
Code, to read:

1011.2.  

(a) There shall be an administrator for each home,
who shall be recommended by the secretary and appointed by the
Governor, and who shall be located at that home. The salary for
each administrator shall be subject to the approval of the
Department of Human Resources.

(b) The administrator shall be responsible for ensuring
compliance with all state and federal statutes and regulations
related to the operation of the home and for implementation of all
statewide policies and procedures, as specified in Section 1011.1.

SEC. 6.  

Section 1011.3 is added to the Military and Veterans
Code, to read:

1011.3.  

The secretary shall make an annual report to the
veterans policy committees of the Legislature by January 1 of each
year, beginning January 1, 2018, reporting on significant veterans
home-related performance issues, which shall include, but are not
limited to, all of the following:

(a) Current census and census changes since last report.

(b) Any major changes to home policy and the impact of those
changes on the residents.

(c) Changes in provision of care, including licensure changes.

(d) Significant events that impacted the operations of the home.

(e) Results of regulatory agency inspections or reviews and
corrective action taken to address findings.

(f) Significant patient care complaints, results of any
investigations into those complaints, and any corrective action
taken to address validated complaints.

(g) Results of internal quality of care reviews.

(h) A comparison of veterans home quality of care metrics to
industry averages.

(i) Other significant issues that may be of interest to the
committee members.

SEC. 7.  

Section 1011.4 is added to the Military and Veterans
Code, to read:

1011.4.  

On or before January 1, 2018, the secretary shall
implement an electronic medical record system. The usage of the
electronic medical record system shall be standardized in all homes.

SEC. 8.  

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

1012.  

(a)  begin delete Except as provided in Section 1012.4, the end delete begin insert The end insert home
is for aged and disabled persons who served in the Armed Forces
of the United States of begin delete America end delete begin insert America, end insert who were discharged or
released from active duty under honorable conditions from service,
who are eligible for hospitalization or domiciliary care in a
veterans’ facility in accordance with the rules and regulations of
the United States Department of Veterans Affairs, begin insert are unable to
pay for necessary domiciliary and licensed long-term care outside
the home, end insert and who are bona fide residents of this state at the time
of application; and for the spouses of these persons if all of the
following conditions, as are applicable, are satisfied:

(1) Space is available.

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

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

(4) The home member and spouse agree to pay the fees and
charges for joint residency, or for a widow or widower, begin delete for the
residency, end delete that the begin delete administrator end delete begin insert secretary end insert may establish.

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

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

begin insert

(3) The secretary may establish needs-based criteria for
admission to the homes, and any veteran meeting those criteria
shall be given priority over veterans who can afford to provide for
their own care elsewhere.

end insert

(c) A resident spouse may continue residence after the veteran’s
begin delete death. end delete begin insert death, so long as he or she continues to pay all applicable
fees and comply with the department’s policies, procedures, and
regulations. end insert

(d) The property of the home shall be used for this purpose.

SEC. 9.  

Section 1012.1 of the Military and Veterans Code is
amended to read:

1012.1.  

Prior to the admission of a veteran as a member of the
home, and at any time during which a veteran is a member of the
home, the department may investigate begin delete the veterans’ end delete begin insert any member’s end insert
financial status begin insert to determine the total value of the property and
assets of any veteran applying for admission to the home, or end insert to
begin delete insure end delete begin insert ensure end insert that the begin delete veteran end delete begin insert member end insert is unable to pay for
necessary begin delete hospital or domiciliary end delete care outside of the begin delete home. end delete begin insert home,
or to validate income levels for the purposes of establishing fees. end insert
The department may contract with any other state agency to
conduct such an investigation in its behalf.

SEC. 10.  

Section 1012.2 of the Military and Veterans Code is
amended to read:

1012.2.  

(a) (1) Notwithstanding any other law, any member
of the home who is receiving an aid and attendance allowance
from the United States Department of Veterans Affairs and who
has no dependent spouse, child, grandchild, father, or mother shall
pay to the home an amount equal to that allowance in all levels of
care excluding domiciliary.

(2) Paragraph (1) 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.

begin delete

(b) One hundred percent of the moneys received by the home
under this section shall be placed to the credit of the home and
shall augment the current appropriation for the support of the home.

end delete begin insert

(b) Moneys received by a home under this section shall be
deposited into the Federal Trust Fund and shall be used for the
operating costs of the home.

end insert

SEC. 11.  

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.

begin insert

(c) Fees paid by a member shall not exceed the average cost of
care for the level of care in which the member currently resides.

end insert

SEC. 12.  

Section 1012.4 of the Military and Veterans Code is
repealed.

begin delete

1012.4.  

Notwithstanding Section 1012, the department may
arrange by contract or any other form of agreement with the United
States Department of Veterans Affairs to do both of the following:

(a) Authorize veterans, collateral dependents, and other
beneficiaries authorized by the United States Department of
Veterans Affairs, who are not residents of the Veterans’ Home of
California, Yountville, to receive outpatient medical services at
that home.

(b) Establish rates for reimbursement from the federal
government to the State of California for outpatient services
rendered by the Veterans’ Home of California, Yountville to
veterans who are authorized under subdivision (a).

(c) The outpatient services and reimbursement procedures
authorized under subdivisions (a) and (b) may be established for
the veterans’ home located in Barstow, California, and any
veterans’ home constructed within the state on or after January 1,
2000.

end delete

SEC. 13.  

Section 1012.6 of the Military and Veterans Code is
repealed.

begin delete

1012.6.  

The department may accept and process applications
from veterans who are seeking residency at a home, beginning on
the start date of construction of that particular home.

end delete

SEC. 14.  

Section 1014 of the Military and Veterans Code is
repealed.

begin delete

1014.  

The home shall be under the management and control
of the department and subject to the policies adopted by the
California Veterans Board.

end delete

SEC. 15.  

Section 1015 of the Military and Veterans Code is
repealed.

begin delete

1015.  

(a) It is the intent of the Legislature that installation of
air-conditioning at the hospital and related buildings of the home
be given high priority whenever any new construction or
reconstruction is done, and that this construction or reconstruction
be accelerated so as to accomplish the purposes of this section.
The department shall, in this connection, consider whether
construction of a new hospital facility at the home may be more
cost-effective than renovation of the existing facility. The Master
Plan for the Veterans’ Home of California construction schedule
shall be revised to reflect this acceleration. The department shall
submit the revised schedule to the Legislature on or before
November 1, 1984. For each additional year of the master plan
following the 1984-85 fiscal year, the Governor’s Budget shall
include an appropriation in an amount necessary to complete all
projects relating to the installation of air-conditioning as shown
in the revised schedule.

(b) The sum of ninety-one thousand dollars ($91,000) is hereby
appropriated from the Special Account for Capital Outlay in the
General Fund to the Department of Veterans Affairs for expenditure
during the 1984-85 fiscal year for the purposes of subdivision (a)
in accordance with the following schedule:

 

Renovate hospital support services (preliminary plans)	16,000
Hospital wards 1, 2, 3A (SNF) (preliminary plans)	45,000
Section B (ICF) (preliminary plans)	30,000

 

(c) Notwithstanding any other provision of law, the department,
through the Office of the State Architect, may prepare and advertise
bids for any master plan project in advance of funds being
appropriated by the Legislature, but shall not award any contract
for construction of the project until construction funds are available
and appropriated therefor.

(d) No contract for construction of any project related to the
master plan shall be entered into prior to the department’s obtaining
a written commitment from the federal government to fund either
65 percent of the project cost, as approved by the federal
government, or the maximum amount available to the state.

end delete

SEC. 16.  

Section 1023 of the Military and Veterans Code is
amended to read:

1023.  

(a) The department may sue and be sued in any of the
courts of this state. All property held by the department for the
home shall be held in trust for the state and for the use and benefit
of the home. The begin delete administrator shall manage the home and
administer its affairs, and, subject to the direction of the director,
adopt rules and regulations for the government of the home in
conformity, as nearly as possible, to the rules and regulations of
the United States Department of Veterans Affairs for their facilities. end delete
begin insert secretary shall adopt rules and regulations for the administration
of the homes conforming as nearly as possible to the rules and
regulations of the United States Department of Veterans Affairs
and those of other states with veterans’ homes. end insert

(b) The Director of General Services may lease or let any real
property held by the department for the home, and not needed for
any direct or immediate purpose of the home, to any entity or
person upon terms and conditions determined to be in the best
interests of the home. begin delete In any leasing or letting, primary
consideration shall be given to the use of real property for
agricultural purposes, and except as provided in Section 1048, all end delete
begin insert All end insert moneys received in connection therewith shall be deposited in
the General Fund begin delete to the credit of, and shall augment the current
appropriation for the support of, the home. end delete begin insert as a reimbursement
for operating costs of the home. end insert

SEC. 17.  

Section 1024 of the Military and Veterans Code is
repealed.

begin delete

1024.  

The department may conduct such investigation as may
be required to determine the total value of the property and assets
of any veteran applying for admission to the home, and may
contract with any other state agency to conduct such an
investigation in its behalf.

end delete

SEC. 18.  

Section 1031 of the Military and Veterans Code is
amended to read:

1031.  

All moneys received by the begin delete State end delete begin insert state end insert from the United
States for the use of the home shall be begin delete placed to the credit of and
shall augment the current appropriation for the support of the home. end delete
begin insert deposited into the General Fund as a reimbursement for operating
costs of the home. end insert

SEC. 19.  

Section 1033.2 of the Military and Veterans Code is
repealed.

begin delete

1033.2.  

If the total amount collected for reimbursements for
Medi-Cal and Medicare services provided in any fiscal year by a
veterans’ home exceeds the budgeted reimbursements for that
home, the additional funds collected shall be used to repay any
unpaid General Fund loans provided to the veterans’ home in prior
fiscal years for the operation of that home.

end delete

SEC. 20.  

Section 1034 of the Military and Veterans Code is
amended to read:

1034.  

Except money received from this begin delete State end delete begin insert state end insert for
disbursement, all moneys received by the home, or by any officer
of the home, including pension and other moneys belonging to
veterans and other trust moneys, shall be immediately paid to the
begin delete executive officer end delete begin insert administrator end insert of the home. On or before the begin delete tenth end delete
begin insert 10th end insert day of each begin delete month the executive officer end delete begin insert month, the
administrator end insert of the home shall forward to the State Treasurer all
moneys in his begin insert or her end insert possession, except pension and other moneys
belonging to veterans, trust moneys, the post funds, begin delete and end delete the
emergency fund, begin insert and donations made to each home, end insert hereinafter
mentioned, together with a statement of the sources from which
the begin delete same end delete begin insert moneys end insert have been received. The moneys shall be
deposited by the State Treasurer to the credit of the General Fund
of the State; provided, however, that abatements of support
expenditures shall be credited to the support appropriation current
at the time of collection.

SEC. 21.  

Section 1035.3 of the Military and Veterans Code is
amended to read:

1035.3.  

(a) If no will or heir is discovered within two years
after the death of the veteran, any moneys not exceeding begin delete three end delete
begin insert fifteen end insert thousand dollars begin delete ($3,000) end delete begin insert ($15,000) end insert held by the home
pursuant to Section 1035 and not paid or otherwise delivered to
the heir or heirs or pursuant to the will of the deceased veteran, or
otherwise disbursed by the administrator pursuant to Section 1035,
shall be paid to the Morale, Welfare, and Recreation Fund.

If no will or heir is discovered within five years after the death
of the veteran, any moneys exceeding begin delete three end delete begin insert fifteen end insert thousand dollars
begin delete ($3,000) end delete begin insert ($15,000) end insert held by the home pursuant to Section 1035 and
not paid or otherwise delivered to the heir or heirs or pursuant to
the will of the deceased veteran, or otherwise disbursed by the
administrator pursuant to Section 1035, shall be paid to the Morale,
Welfare, and Recreation Fund.

This subdivision applies only to veterans becoming members of
the home on or after January 1, 1984.

(b) If no spouse, child, grandchild, or father or mother is
discovered within two years after the death of the veteran, any
moneys not exceeding begin delete three end delete begin insert fifteen end insert thousand dollars begin delete ($3,000) end delete
begin insert ($15,000) end insert held by the home pursuant to Section 1035 and not paid
or otherwise delivered to the spouse, children, grandchildren, or
father or mother, or otherwise disbursed by the administrator
pursuant to Section 1035, shall be paid to the Morale, Welfare,
and Recreation Fund.

If no spouse, child, grandchild, or father or mother is discovered
within five years after the death of the veteran, any moneys
exceeding begin delete three end delete begin insert fifteen end insert thousand dollars begin delete ($3,000) end delete begin insert ($15,000) end insert held
by the home pursuant to Section 1035 and not paid or otherwise
delivered to the spouse, children, grandchildren, or father or
mother, or otherwise disbursed by the administrator pursuant to
Section 1035, shall be paid to the Morale, Welfare, and Recreation
Fund.

This subdivision applies only to veterans who have become
members of the home prior to January 1, 1984.

SEC. 22.  

Section 1038 of the Military and Veterans Code is
amended to read:

1038.  

All money deposited with the home for a veteran shall
be paid to him or her on demand, upon his or her discharge or
voluntary departure from the home. If the money is not so
demanded at the time of his or her discharge or departure or within
a period of two years thereafter, if the amount does not exceed
begin delete three end delete begin insert five end insert thousand dollars begin delete ($3,000), end delete begin insert ($5,000), end insert or within a period
of five years thereafter, if the amount exceeds begin delete three end delete begin insert five end insert thousand
dollars begin delete ($3,000) end delete begin insert ($5,000) end insert either by the veteran, or, in the event of
the veteran’s death after his or her discharge or departure, by the
veteran’s heirs, devisees, legatees, or qualified executor or
administrator of his or her estate, the money shall be paid to the
Morale, Welfare, and Recreation Fund.

SEC. 23.  

Section 1044 of the Military and Veterans Code is
amended to read:

1044.  

The begin delete administrator, in accordance with the policies
adopted by the California Veterans Board and subject to the
direction of the director, end delete begin insert secretary end insert may adopt rules and regulations
governing the admission of applicants and may prescribe the
conditions upon which they may enter and remain with the home.

SEC. 24.  

Section 1051 of the Military and Veterans Code is
repealed.

begin delete

1051.  

(a) There is hereby established in the State Treasury the
California Veterans Homes Fund to receive those amounts
transferred to the fund pursuant to Section 18811 of the Revenue
and Taxation Code.

(b) Any funds remaining in the Veterans’ Quality of Life Fund,
as established by Section 2 of Chapter 143 of the Statutes of 2005,
shall be transferred to the California Veterans Homes Fund
established by subdivision (a).

end delete