Bill Text: CA SB816 | 2011-2012 | Regular Session | Introduced

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Bill Title: Veterans' homes of California: economic need.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB816 Detail]

Download: California-2011-SB816-Introduced.html

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BILL NUMBER: SB 816	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Veterans Affairs (Senators Correa
(Chair), Berryhill, Calderon, Cannella, La Malfa, Negrete McLeod, and
Rubio)

                        FEBRUARY 18, 2011

   An act to amend Section 1012 of the Military and Veterans Code,
relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 816, as introduced, Committee on Veterans Affairs. Veterans'
homes of California: economic need.
   Existing law establishes a Veterans' Home of California at
specified sites for aged and disabled veterans who served in the
United States Armed Forces. Existing law requires veterans who served
during a time of war to be given priority admission over those who
served in a time of peace, and requires highest priority to be given
to Medal of Honor recipients and former prisoners of war.
   This bill would require the administrator, in the admission of
veterans who served in a time of war or peace, to consider the
economic needs those of veterans.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1012 of the Military and Veterans Code is
amended to read:
   1012.  (a) Except as provided in Section 1012.4, the home is for
aged and disabled persons who served in the Armed Forces of the
United States of America 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, 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, for the residency,
that the administrator 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.  In
prioritizing   veterans that qualify for benefits due to
service during a time of war or a time of peace, the administrator
shall consider a veteran's economic need. The administrator shall
consider the following factors to determine a veteran's economic
need:  
   (A) If a veteran is homeless or on the verge of becoming homeless.
 
   (B) If a veteran has an annual income of less than two and a half
times the federal poverty level.  
   (C) (i) If a veteran has a net worth of less than ten times the
federal poverty level.  
   (ii) For the purposes of this subparagraph, "net worth" means the
veteran's assets minus liabilities. A veteran's assets include the
following:  
   (I) Personal property, which consists of cash, savings accounts,
securities, and similar items; notes, mortgages and deeds of trust;
the cash surrender value of life insurance on the life of the
applicant or beneficiary; and motor vehicles.  
   (II) Real property, including any interest in land.
   (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.
   (c) A resident spouse may continue residence after the veteran's
death.
   (d) The property of the home shall be used for this purpose.