Bill Text: CA SB543 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterans: Veterans' Home of California.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State. Chapter 424, Statutes of 2016. [SB543 Detail]
Download: California-2015-SB543-Amended.html
Bill Title: Veterans: Veterans' Home of California.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-21 - Chaptered by Secretary of State. Chapter 424, Statutes of 2016. [SB543 Detail]
Download: California-2015-SB543-Amended.html
BILL NUMBER: SB 543 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Wolk
FEBRUARY 26, 2015
An act to amend Sections 1010, 1047, 1048, and
1049 of of, and to repeal and add Section
1047 of, the Military and Veterans Code, relating to
veterans. 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 Veteran's 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 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.
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 in an existing
Morale, Welfare and Recreation Fund into the 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 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 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: no yes
. Fiscal committee: no 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 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 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. 3. Section 1047 of the Military
and Veterans Code is repealed.
1047. (a) The administrator 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 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 the 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) 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 five 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.
(3) 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 department shall prepare a report that is organized
by category and accounts for all expenditures from the MWR Fund for
the previous fiscal year, and shall submit the report 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) 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) 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) (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. 4. 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 California Veterans Homes Fund, operations
of the Veterans' Home Exchange, 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, 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, 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 administrator at each home
department 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. 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
veterans ' affairs.
(4) The Veterans' Home Allied Council.
Council and the resident council of each home.
SEC. 5. 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
used, subject to approval by the Secretary of
Veterans Affairs, 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. canteen at each home location. The canteen
may sell goods at a profit.
