California 2021 2021-2022 Regular Session

California Senate Bill SB1435 Introduced / Bill

Filed 02/18/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1435Introduced by Committee on Military and Veterans Affairs (Senators Archuleta (Chair), Eggman, Grove, Melendez, Newman, Roth, and Umberg)February 18, 2022 An act to amend Section 1074 of, and to repeal Section 1076 of, the Military and Veterans Code, relating to veterans homes. LEGISLATIVE COUNSEL'S DIGESTSB 1435, as introduced, Committee on Military and Veterans Affairs. Veteran home use: reporting.Existing law establishes veterans homes in the State of California, under the jurisdiction of the Department of Veterans Affairs. Existing law requires the department to review the use of each home no later than 5 years before the expiration of the use restriction imposed on the home by federal law to determine the best continued, unrestricted use of the home. Existing law also requires the department to conduct the same review 5 years after the date of the expiration of the use restriction imposed by federal law on a home and to update that review every 5 years.This bill would require the department to review the homes on a specified schedule and to update the report every 5 years. The bill would require the reports and updates to be submitted to the Legislature and posted on the departments internet website in an accessible and searchable format.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1074 of the Military and Veterans Code is amended to read:1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.(b) In developing the report, the department shall review all of the following: (a)(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.(b)(2) Current needs of the regional veterans population.(c)(3) Projections regarding the changing composition of the veterans population.(d)(4) Assessment of resources available to serve the projected veterans population.(e)(5) Input from veteran residents of the home, community members near the home, and other stakeholders.(f)(6) Any other factors the department determines are necessary to review to make the determination.(c) The report for each home shall be due in accordance with the following schedule:(1) The report for the Barstow home shall be due on or before December 31, 2026.(2) The report for the Chula Vista home shall be due on or before December 31, 2025.(3) The report for the Fresno home shall be due on or before December 31, 2028.(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.(5) The report for the Redding home shall be due on or before December 31, 2028.(6) The report for the Yountville home shall be due on or before December 31, 2022.(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.SEC. 2. Section 1076 of the Military and Veterans Code is repealed.1076.(a)Five years after the date of the expiration of the use restriction imposed by federal law on a home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions), the department shall review the home to determine the best continued use of the home. The department shall review all of the following in making the determination:(1)Every financial report created pursuant to Section 1072.(2)Current needs of the regional veterans population.(3)Projections regarding the changing composition of the veteran population.(4)Assessment of resources available to serve the projected veteran population.(5)Input from veteran residents of the home, community members near the home, and other stakeholders.(6)Any other factors the department determines are necessary to review to make the determination.(b)The department shall update the determination required by subdivision (a) every five years from the date of the last determination.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1435Introduced by Committee on Military and Veterans Affairs (Senators Archuleta (Chair), Eggman, Grove, Melendez, Newman, Roth, and Umberg)February 18, 2022 An act to amend Section 1074 of, and to repeal Section 1076 of, the Military and Veterans Code, relating to veterans homes. LEGISLATIVE COUNSEL'S DIGESTSB 1435, as introduced, Committee on Military and Veterans Affairs. Veteran home use: reporting.Existing law establishes veterans homes in the State of California, under the jurisdiction of the Department of Veterans Affairs. Existing law requires the department to review the use of each home no later than 5 years before the expiration of the use restriction imposed on the home by federal law to determine the best continued, unrestricted use of the home. Existing law also requires the department to conduct the same review 5 years after the date of the expiration of the use restriction imposed by federal law on a home and to update that review every 5 years.This bill would require the department to review the homes on a specified schedule and to update the report every 5 years. The bill would require the reports and updates to be submitted to the Legislature and posted on the departments internet website in an accessible and searchable format.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1435

Introduced by Committee on Military and Veterans Affairs (Senators Archuleta (Chair), Eggman, Grove, Melendez, Newman, Roth, and Umberg)February 18, 2022

Introduced by Committee on Military and Veterans Affairs (Senators Archuleta (Chair), Eggman, Grove, Melendez, Newman, Roth, and Umberg)
February 18, 2022

 An act to amend Section 1074 of, and to repeal Section 1076 of, the Military and Veterans Code, relating to veterans homes. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1435, as introduced, Committee on Military and Veterans Affairs. Veteran home use: reporting.

Existing law establishes veterans homes in the State of California, under the jurisdiction of the Department of Veterans Affairs. Existing law requires the department to review the use of each home no later than 5 years before the expiration of the use restriction imposed on the home by federal law to determine the best continued, unrestricted use of the home. Existing law also requires the department to conduct the same review 5 years after the date of the expiration of the use restriction imposed by federal law on a home and to update that review every 5 years.This bill would require the department to review the homes on a specified schedule and to update the report every 5 years. The bill would require the reports and updates to be submitted to the Legislature and posted on the departments internet website in an accessible and searchable format.

Existing law establishes veterans homes in the State of California, under the jurisdiction of the Department of Veterans Affairs. Existing law requires the department to review the use of each home no later than 5 years before the expiration of the use restriction imposed on the home by federal law to determine the best continued, unrestricted use of the home. Existing law also requires the department to conduct the same review 5 years after the date of the expiration of the use restriction imposed by federal law on a home and to update that review every 5 years.

This bill would require the department to review the homes on a specified schedule and to update the report every 5 years. The bill would require the reports and updates to be submitted to the Legislature and posted on the departments internet website in an accessible and searchable format.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1074 of the Military and Veterans Code is amended to read:1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.(b) In developing the report, the department shall review all of the following: (a)(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.(b)(2) Current needs of the regional veterans population.(c)(3) Projections regarding the changing composition of the veterans population.(d)(4) Assessment of resources available to serve the projected veterans population.(e)(5) Input from veteran residents of the home, community members near the home, and other stakeholders.(f)(6) Any other factors the department determines are necessary to review to make the determination.(c) The report for each home shall be due in accordance with the following schedule:(1) The report for the Barstow home shall be due on or before December 31, 2026.(2) The report for the Chula Vista home shall be due on or before December 31, 2025.(3) The report for the Fresno home shall be due on or before December 31, 2028.(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.(5) The report for the Redding home shall be due on or before December 31, 2028.(6) The report for the Yountville home shall be due on or before December 31, 2022.(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.SEC. 2. Section 1076 of the Military and Veterans Code is repealed.1076.(a)Five years after the date of the expiration of the use restriction imposed by federal law on a home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions), the department shall review the home to determine the best continued use of the home. The department shall review all of the following in making the determination:(1)Every financial report created pursuant to Section 1072.(2)Current needs of the regional veterans population.(3)Projections regarding the changing composition of the veteran population.(4)Assessment of resources available to serve the projected veteran population.(5)Input from veteran residents of the home, community members near the home, and other stakeholders.(6)Any other factors the department determines are necessary to review to make the determination.(b)The department shall update the determination required by subdivision (a) every five years from the date of the last determination.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1074 of the Military and Veterans Code is amended to read:1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.(b) In developing the report, the department shall review all of the following: (a)(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.(b)(2) Current needs of the regional veterans population.(c)(3) Projections regarding the changing composition of the veterans population.(d)(4) Assessment of resources available to serve the projected veterans population.(e)(5) Input from veteran residents of the home, community members near the home, and other stakeholders.(f)(6) Any other factors the department determines are necessary to review to make the determination.(c) The report for each home shall be due in accordance with the following schedule:(1) The report for the Barstow home shall be due on or before December 31, 2026.(2) The report for the Chula Vista home shall be due on or before December 31, 2025.(3) The report for the Fresno home shall be due on or before December 31, 2028.(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.(5) The report for the Redding home shall be due on or before December 31, 2028.(6) The report for the Yountville home shall be due on or before December 31, 2022.(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.

SECTION 1. Section 1074 of the Military and Veterans Code is amended to read:

### SECTION 1.

1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.(b) In developing the report, the department shall review all of the following: (a)(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.(b)(2) Current needs of the regional veterans population.(c)(3) Projections regarding the changing composition of the veterans population.(d)(4) Assessment of resources available to serve the projected veterans population.(e)(5) Input from veteran residents of the home, community members near the home, and other stakeholders.(f)(6) Any other factors the department determines are necessary to review to make the determination.(c) The report for each home shall be due in accordance with the following schedule:(1) The report for the Barstow home shall be due on or before December 31, 2026.(2) The report for the Chula Vista home shall be due on or before December 31, 2025.(3) The report for the Fresno home shall be due on or before December 31, 2028.(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.(5) The report for the Redding home shall be due on or before December 31, 2028.(6) The report for the Yountville home shall be due on or before December 31, 2022.(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.

1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.(b) In developing the report, the department shall review all of the following: (a)(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.(b)(2) Current needs of the regional veterans population.(c)(3) Projections regarding the changing composition of the veterans population.(d)(4) Assessment of resources available to serve the projected veterans population.(e)(5) Input from veteran residents of the home, community members near the home, and other stakeholders.(f)(6) Any other factors the department determines are necessary to review to make the determination.(c) The report for each home shall be due in accordance with the following schedule:(1) The report for the Barstow home shall be due on or before December 31, 2026.(2) The report for the Chula Vista home shall be due on or before December 31, 2025.(3) The report for the Fresno home shall be due on or before December 31, 2028.(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.(5) The report for the Redding home shall be due on or before December 31, 2028.(6) The report for the Yountville home shall be due on or before December 31, 2022.(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.

1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.(b) In developing the report, the department shall review all of the following: (a)(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.(b)(2) Current needs of the regional veterans population.(c)(3) Projections regarding the changing composition of the veterans population.(d)(4) Assessment of resources available to serve the projected veterans population.(e)(5) Input from veteran residents of the home, community members near the home, and other stakeholders.(f)(6) Any other factors the department determines are necessary to review to make the determination.(c) The report for each home shall be due in accordance with the following schedule:(1) The report for the Barstow home shall be due on or before December 31, 2026.(2) The report for the Chula Vista home shall be due on or before December 31, 2025.(3) The report for the Fresno home shall be due on or before December 31, 2028.(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.(5) The report for the Redding home shall be due on or before December 31, 2028.(6) The report for the Yountville home shall be due on or before December 31, 2022.(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.



1074. (a) The department periodically shall review the use of a each home no later than five years before the expiration of the use restriction imposed by federal law on the home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions) to determine the best continued, unrestricted use of the home. The department shall review all of the following in making the determination: submit a report to the Legislature regarding this determination and post it in a prominent location on its internet website in an accessible and searchable format.

(b) In developing the report, the department shall review all of the following:

(a)



(1) Every financial report created pursuant to Section 1072. 1072 and released during the five previous years or since February 1, 2019, whichever is fewer.

(b)



(2) Current needs of the regional veterans population.

(c)



(3) Projections regarding the changing composition of the veterans population.

(d)



(4) Assessment of resources available to serve the projected veterans population.

(e)



(5) Input from veteran residents of the home, community members near the home, and other stakeholders.

(f)



(6) Any other factors the department determines are necessary to review to make the determination.

(c) The report for each home shall be due in accordance with the following schedule:

(1) The report for the Barstow home shall be due on or before December 31, 2026.

(2) The report for the Chula Vista home shall be due on or before December 31, 2025.

(3) The report for the Fresno home shall be due on or before December 31, 2028.

(4) The report for the Lancaster, Ventura, and West Los Angeles homes shall be due on or before December 31, 2025.

(5) The report for the Redding home shall be due on or before December 31, 2028.

(6) The report for the Yountville home shall be due on or before December 31, 2022.

(7) The report for any future home shall be due on or before December 31 of the fifteenth calendar year after the home admits its first resident or after the home is deeded to the department, whichever is later.

(d) The department shall update each report required by this section every five years. The department shall submit to the Legislature and post on its internet website each updated report in compliance with this chapter.

SEC. 2. Section 1076 of the Military and Veterans Code is repealed.1076.(a)Five years after the date of the expiration of the use restriction imposed by federal law on a home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions), the department shall review the home to determine the best continued use of the home. The department shall review all of the following in making the determination:(1)Every financial report created pursuant to Section 1072.(2)Current needs of the regional veterans population.(3)Projections regarding the changing composition of the veteran population.(4)Assessment of resources available to serve the projected veteran population.(5)Input from veteran residents of the home, community members near the home, and other stakeholders.(6)Any other factors the department determines are necessary to review to make the determination.(b)The department shall update the determination required by subdivision (a) every five years from the date of the last determination.

SEC. 2. Section 1076 of the Military and Veterans Code is repealed.

### SEC. 2.

1076.(a)Five years after the date of the expiration of the use restriction imposed by federal law on a home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions), the department shall review the home to determine the best continued use of the home. The department shall review all of the following in making the determination:(1)Every financial report created pursuant to Section 1072.(2)Current needs of the regional veterans population.(3)Projections regarding the changing composition of the veteran population.(4)Assessment of resources available to serve the projected veteran population.(5)Input from veteran residents of the home, community members near the home, and other stakeholders.(6)Any other factors the department determines are necessary to review to make the determination.(b)The department shall update the determination required by subdivision (a) every five years from the date of the last determination.



(a)Five years after the date of the expiration of the use restriction imposed by federal law on a home (38 U.S.C. Sec. 8136, 38 C.F.R. 59.110, and any successor to those provisions), the department shall review the home to determine the best continued use of the home. The department shall review all of the following in making the determination:



(1)Every financial report created pursuant to Section 1072.



(2)Current needs of the regional veterans population.



(3)Projections regarding the changing composition of the veteran population.



(4)Assessment of resources available to serve the projected veteran population.



(5)Input from veteran residents of the home, community members near the home, and other stakeholders.



(6)Any other factors the department determines are necessary to review to make the determination.



(b)The department shall update the determination required by subdivision (a) every five years from the date of the last determination.