California Assembly Bill AB1739 Amended / Bill

 BILL NUMBER: AB 1739AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 17, 2012 INTRODUCED BY Assembly Member Allen FEBRUARY 16, 2012 An act to amend  Sections 1014 and 1050   Section 1047  of the Military and Veterans Code, relating to veterans. LEGISLATIVE COUNSEL'S DIGEST AB 1739, as amended, Allen.  Veterans' Home of California: policies and procedures: review.   Morale, Welfare, and Recreation Fund: Veterans' Home Allied Council: operation of facilities and activities.   Existing law provides for the establishment and operation of the Veterans' Home of California at various sites, and requires each home to be under the management and control of the Department of Veterans Affairs, subject to the policies adopted by the California Veterans Board.   This bill would require the California Veterans Board to review any policy that applies to all veterans' homes regardless of its source or process.  Existing law establishes  the   a  Veterans' Home Allied Council  for each home  pursuant to the constitution of the Allied Council, Veterans' Home of California, comprised of members of the home, as an advisory body to the  Administrator of the Veterans' Home   administrator of the home  .  Existing law requires the administrator to maintain a Morale, Welfare, and Recreation Fund that shall be used to provide certain operations and activities relating to the gene   ral welfare of the veterans.  This bill would  require the Veterans' Home Allied Council to review each policy and procedure adopted for the veterans' home for which the council was established   authorize the administrator to enter into an agreement with an allied council that authorizes that council to operate facilities and activities described above. The bill would require the agreement to be in the form and manner as specified by the administrator  . 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 1047 of the   Military and Veterans Code   is amended to read:  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.   SECTION 1.   Section 1014 of the Military and Veterans Code is amended to read: 1014. (a) The home shall be under the management and control of the department and subject to the policies adopted by the California Veterans Board. (b) Notwithstanding any other law, the California Veterans Board shall review any policy that applies to all veterans' homes regardless of its source or process.   SEC. 2.   Section 1050 of the Military and Veterans Code is amended to read: 1050. (a) Veterans' Home Allied Councils, which are established pursuant to the constitution of the Allied Council, Veterans' Home of California, for each veterans' home, and which are composed of members of each home, are hereby recognized as established advisory bodies to the administrator of each veterans' home. Each Veterans' Home Allied Council may also represent veterans who reside at the veterans' home for which the council was established in matters before the Legislature. In the course of providing that representation, each council shall comply with the following requirements: (1) The council's representation shall be approved by a majority of the voting members of the council. (2) The council shall not engage in any campaign or endorse public candidates in connection with that representation. (3) The council's actions shall be in accordance with its constitution, bylaws, and policies and procedures. (b) Notwithstanding any other law, the council shall review each policy and procedure adopted for the veterans' home for which the council was established.