AB 1580, as introduced, Yamada. Veterans’ homes: Morale, Welfare, and Recreation Fund.
Existing law provides for the establishment of veterans’ homes and requires the administrator of a veterans’ home to maintain a Morale, Welfare, and Recreation Fund to be used, subject to the approval of the Secretary of Veterans Affairs, to provide certain operations and activities relating to the general welfare of the veterans.
This bill would additionally require, for proposed expenditures of Morale, Welfare, and Recreation Fund moneys of more than $5,000, proposed contracts of more than $25,000 per year, or proposed contracts of more than $100,000, the administrator to submit the proposed expenditure or contract to the secretary for approval. This bill would require legal counsel of the Department of Veterans Affairs, or another similarly qualified reviewer, to review the proposed expenditure or contract, and to issue an advisory opinion, as described. This bill would also require the Department of Veterans Affairs to make a presentation to the Morale, Welfare, and Recreation Fund Advisory Committee of the home at a publicly noticed meeting, and would require interested and affected parties to be given an opportunity to provide input on the proposed expenditure or contract. The bill would require the secretary to consider specified advisory opinions, any input or information provided in the meeting, and any other relevant information when determining whether a contract will be approved.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1047 of the Military and Veterans Code
2 is amended to read:
(a) begin insert(1)end insertbegin insert end insert The administrator shall maintain a Morale,
4Welfare, and Recreation Fund that shall be used, at the discretion
5of the administrator and subject to the approval of the secretary,
6to provide for the general welfare of the veterans, including, but
7not limited to, providing for operations of the Veterans’ Home
8Exchange, hobby shop, motion picture theater, library, band, and
9any other function that is operated for the morale, welfare, and
10recreation of the veterans, and to pay for newspapers, chapel
11expenses, welfare and entertainment expenses, sport activities,
12celebrations, and any other
activity that is for the morale, welfare,
13and recreation of the veterans.
14(2) For proposed expenditures of Morale, Welfare, and
15Recreation Fund moneys of more than five thousand dollars
16($5,000), proposed contracts of more than twenty-five thousand
17dollars ($25,000) per year, or proposed contracts of more than
18one hundred thousand dollars ($100,000), all of the following
19shall apply:
20(A) The administrator shall submit the proposed expenditure
21or contract to the secretary for approval. The secretary shall
22consider the advisory opinion required in subparagraph (B), any
23input or information
provided in the meeting described in
24subparagraph (C), any advisory opinion issued by a body
25representing the residents of the home, and any other relevant
26information when determining whether a contract will be approved.
27(B) The proposed expenditure or contract shall be reviewed by
28legal counsel of the department, or another similarly qualified
29reviewer designated by the secretary. The reviewer shall issue an
30advisory opinion to the secretary identifying those laws and
31regulations with which the proposed expenditure or contract or
32execution of the contract must comply, and any other relevant
P3 1legal issues that may arise with respect to compliance with those
2laws and regulations.
3(C) (i) The department shall make a presentation about the
4proposed expenditure or contract and the advisory opinion
5described in subparagraph (B) to the Morale, Welfare, and
6Recreation Fund Advisory Committee of the home at a publicly
7noticed meeting. The department shall provide written public notice
8of a meeting at least 30 days prior to the meeting.
9(ii) Interested and affected parties, including, but not limited
10to, residents of the home, family members of the residents, and
11representatives from local government and the community shall
12be
given an opportunity to provide input on the proposed
13expenditure or contract at the meeting. The Morale, Welfare, and
14Recreation Fund Advisory Committee, the Veterans’ Home Allied
15Council, or other body representing residents of the home may
16also issue an advisory opinion on the proposed expenditure or
17contract.
18(b) Money in the Morale, Welfare, and Recreation Fund may
19not be expended for any of the following:
20(1) Medical treatments or any other related treatment.
21(2) Maintenance of the physical plant of the home.
22(3) Any function, operation, or activity that is not directly related
23to the morale, welfare, or recreation of the veterans.
24(c) Appropriations from the
General Fund for the purposes
25described in paragraph (3) of subdivision (b) may not be reduced
26for the purpose of, or to have the effect of, requiring increased
27expenditures from the Morale, Welfare, and Recreation Fund for
28those described purposes.
29(d) The administrator shall prepare an itemized report that is
30organized by category and accounts for all expenditures made from
31the Morale, Welfare, and Recreation Fund during the previous
32fiscal year and shall submit the report on or before August 20 of
33each year to all of the following:
34(1) The secretary.
35(2) The fiscal committees of the Assembly and the Senate.
36(3) The committees of the Assembly and the Senate that have
37subject matter jurisdiction over veterans’ affairs.
38(4) The Veterans’ Home Allied Council.
39(e) The Morale, Welfare, and Recreation Fund for the Veterans’
40Home of California, Yountville, shall maintain a reserve in the
P4 1amount of two million dollars ($2,000,000). The reserve shall be
2invested in securities, upon the advice of the Morale, Welfare, and
3Recreation Fund Advisory Committee and with the approval of
4the administrator and the secretary.
5(f) The administrator may enter into an agreement with an allied
6council that authorizes that council to operate facilities and
7activities authorized pursuant to this section. The agreement shall
8be in the form and manner as specified by the administrator.
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