State Codes and Statutes

State Codes and Statutes

Statutes > California > Mvc > 1010-1051

MILITARY AND VETERANS CODE
SECTION 1010-1051



1010.  As used in this chapter:
   (a) "Home" means the Veterans' Home of California, Yountville, and
the Veterans' Home of California, Barstow.
   (b) "Administrator" means the Administrator of the Veterans' Home
of California, Yountville, and the Administrator of each site of the
southern California Veterans' Home, including, but not limited to,
the Veterans' Home of California, Barstow.
   (c) "Department" means the Department of Veterans Affairs.
   (d) "Director" means the Director of Veterans Affairs.
   (e) "Veteran" means a member of the home.


1011.  (a) There is in the department a Veterans' Home of
California, Yountville, situated at Veterans' Home, Napa County.
   (b) (1) The department may establish and construct a second home
that shall be situated in the County of Imperial, Los Angeles,
Orange, Riverside, San Bernardino, San Diego, or Ventura. The home
may be located on one or more sites. The department shall operate the
second home concurrently with the first home.
   (2) The initial site is the Veterans' Home of California, Barstow,
situated in Barstow, San Bernardino County. That site may provide
skilled nursing care for up to 250 residents.
   (3) When completed, the second site shall be the Veterans' Home of
California, Chula Vista, situated in Chula Vista, San Diego County,
pursuant to the recommendations made by the commission established
pursuant to former Section 1011.5.
   (4) When completed, the third site shall be the Veterans' Home of
California, Lancaster, situated in Lancaster, Los Angeles County,
pursuant to the recommendations made by the commission established
pursuant to former Section 1011.5.
   (5) When completed, the fourth site shall be the Veterans' Home of
California, Ventura, situated in the community of Saticoy, Ventura
County.
   (6) There shall be an administrator for, and located at, each site
of the southern California home.
   (7) The department may complete any preapplication process
necessary with the United States Department of Veterans Affairs for
construction of the second home.
   (c) The Legislature hereby finds and declares that the second home
is a new state function. The department may perform any or all work
in operating the second home by independent contractors, except the
overall administration and management of the home. Any and all
actions of the department taken before September 17, 1996, that are
consistent with this subdivision are hereby ratified and confirmed,
it having at all times been the intent of the Legislature that the
department be so authorized.
   (d) There shall be an administrator for each home or homesite, who
shall be recommended by the Secretary of Veterans Affairs and
appointed by the Governor, and shall be located at that home or
homesite. The salary for each administrator shall be subject to the
approval of the Department of Personnel Administration.




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.
   (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.




1012.1.  Prior to the admission of a veteran as a member of the
home, and at any time during which a veteran is a member of the home,
the department may investigate the veterans' financial status to
insure that the veteran is unable to pay for necessary hospital or
domiciliary care outside of the home. The department may contract
with any other state agency to conduct such an investigation in its
behalf.



1012.2.  Notwithstanding any other provisions of law, any member of
the home who is receiving an aid and attendance allowance from the
United States Veterans' Administration and who has no dependent
spouse, child, grandchild, father, or mother shall pay to the home an
amount equal to that allowance in all levels of care excluding
domiciliary. One hundred percent of the moneys received by the home
under this section shall be placed to the credit of the home and
shall augment the current appropriation for the support of the home.



1012.3.  (a) Members of the home shall pay fees and charges as
determined by the department, except that the total of the individual
member's fees and charges for any fiscal year shall not be greater
than as set forth in the following schedule:
   (1) Forty-seven and one-half percent of the member's annual income
for domiciliary care.
   (2) Fifty-five percent of the member's annual income for
residential care for the elderly or assisted living.
   (3) Sixty-five percent of the member's annual income for
intermediate care.
   (4) Seventy percent of the member's annual income for skilled
nursing care.
   (b) Nonveteran spouses who become members of the home on or after
July 1, 2009, shall pay fees and charges based on the level of care,
as described in subdivision (a), or an amount equal to the annual
amount of federal per diem received for a veteran member in
domiciliary care, whichever is greater. If the nonveteran member's
income is less than the annual amount of federal per diem for a
veteran member in domiciliary care, the nonveteran member shall pay a
maximum of 90 percent of his or her annual income.




1012.4.  Notwithstanding Section 1012, the department may arrange by
contract or any other form of agreement with the United States
Department of Veterans Affairs to do both of the following:
   (a) Authorize veterans, collateral dependents, and other
beneficiaries authorized by the United States Department of Veterans
Affairs, who are not residents of the Veterans' Home of California,
Yountville, to receive outpatient medical services at that home.
   (b) Establish rates for reimbursement from the federal government
to the State of California for outpatient services rendered by the
Veterans' Home of California, Yountville to veterans who are
authorized under subdivision (a).
   (c) The outpatient services and reimbursement procedures
authorized under subdivisions (a) and (b) may be established for the
veterans' home located in Barstow, California, and any veterans' home
constructed within the state on or after January 1, 2000.



1012.6.  The department may accept and process applications from
veterans who are seeking residency at a home, beginning on the start
date of construction of that particular home.



1013.  All property conveyed to and accepted by the State under the
provisions of Chapter 101, Statutes of 1897, and any other property
conveyed to and accepted for the home shall be the property of the
home the same as though the description of such property and
acceptance thereof were herein set forth.



1014.  The home shall be under the management and control of the
department and subject to the policies adopted by the California
Veterans Board.


1015.  (a) It is the intent of the Legislature that installation of
air-conditioning at the hospital and related buildings of the home be
given high priority whenever any new construction or reconstruction
is done, and that this construction or reconstruction be accelerated
so as to accomplish the purposes of this section. The department
shall, in this connection, consider whether construction of a new
hospital facility at the home may be more cost-effective than
renovation of the existing facility. The Master Plan for the Veterans'
Home of California construction schedule shall be revised to reflect
this acceleration. The department shall submit the revised schedule
to the Legislature on or before November 1, 1984. For each additional
year of the master plan following the 1984-85 fiscal year, the
Governor's Budget shall include an appropriation in an amount
necessary to complete all projects relating to the installation of
air-conditioning as shown in the revised schedule.
   (b) The sum of ninety-one thousand dollars ($91,000) is hereby
appropriated from the Special Account for Capital Outlay in the
General Fund to the Department of Veterans Affairs for expenditure
during the 1984-85 fiscal year for the purposes of subdivision (a) in
accordance with the following schedule:

  Renovate hospital support services
  (preliminary plans).................    16,000
  Hospital wards 1, 2, 3A (SNF)
  (preliminary plans).................    45,000
  Section B (ICF)
  (preliminary plans).................    30,000

   (c) Notwithstanding any other provision of law, the department,
through the Office of the State Architect, may prepare and advertise
bids for any master plan project in advance of funds being
appropriated by the Legislature, but shall not award any contract for
construction of the project until construction funds are available
and appropriated therefor.
   (d) No contract for construction of any project related to the
master plan shall be entered into prior to the department's obtaining
a written commitment from the federal government to fund either 65
percent of the project cost, as approved by the federal government,
or the maximum amount available to the state.



1023.  (a) The department may sue and be sued in any of the courts
of this state. All property held by the department for the home shall
be held in trust for the state and for the use and benefit of the
home. The administrator shall manage the home and administer its
affairs, and, subject to the direction of the director, adopt rules
and regulations for the government of the home in conformity, as
nearly as possible, to the rules and regulations of the United States
Department of Veterans Affairs for their facilities.
   (b) The Director of General Services may lease or let any real
property held by the department for the home, and not needed for any
direct or immediate purpose of the home, to any entity or person upon
terms and conditions determined to be in the best interests of the
home. In any leasing or letting, primary consideration shall be given
to the use of real property for agricultural purposes, and except as
provided in Section 1048, all moneys received in connection
therewith shall be deposited in the General Fund to the credit of,
and shall augment the current appropriation for the support of, the
home.



1024.  The department may conduct such investigation as may be
required to determine the total value of the property and assets of
any veteran applying for admission to the home, and may contract with
any other state agency to conduct such an investigation in its
behalf.



1025.  The home shall be open at any time to the inspection of the
Director of the United States Veterans Administration or his
authorized representative.


1026.  The records, reports, and accounts kept by the home shall
conform, as nearly as possible to the requirements of the United
States Veterans Administration.



1030.1.  The department may enter into contracts with the United
States or any agency thereof, any governmental agency, any person, or
any corporation for the performance of services or manufacture of
articles by disabled members of the home. The proceeds of any such
contract, less the actual operating expenses, shall be paid to the
individual disabled veterans who perform the services or labor.



1030.2.  The department may enter into contracts with the United
States or any agency thereof and any other governmental agency for
the purpose of providing courses of vocational training for disabled
veterans who have been bona fide residents of this state for five
years.



1031.  All moneys received by the State from the United States for
the use of the home shall be placed to the credit of and shall
augment the current appropriation for the support of the home.



1032.  The department shall fix a schedule of wages for veterans who
are employed at the home, subject to the approval of the Director of
Finance.


1033.1.  The department shall pay the premiums in behalf of veterans
which are required to provide coverage for such veterans under the
medical assistance provisions contained in an act of Congress
entitled "Social Security Amendments of 1965" (Pub. L. 89-97), from
funds appropriated for the support of the home.



1033.2.  If the total amount collected for reimbursements for
Medi-Cal and Medicare services provided in any fiscal year by a
veterans' home exceeds the budgeted reimbursements for that home, the
additional funds collected shall be used to repay any unpaid General
Fund loans provided to the veterans' home in prior fiscal years for
the operation of that home.



1034.  Except money received from this State for disbursement, all
moneys received by the home, or by any officer of the home, including
pension and other moneys belonging to veterans and other trust
moneys, shall be immediately paid to the executive officer of the
home. On or before the tenth day of each month the executive officer
of the home shall forward to the State Treasurer all moneys in his
possession, except pension and other moneys belonging to veterans,
trust moneys, the post funds, and the emergency fund, hereinafter
mentioned, together with a statement of the sources from which the
same have been received. The moneys shall be deposited by the State
Treasurer to the credit of the General Fund of the State; provided,
however, that abatements of support expenditures shall be credited to
the support appropriation current at the time of collection.



1035.  (a) All moneys and other personal property of any veteran
held by the home, or by its authority, or left by the veteran upon
the premises of the home, shall, upon the death of the veteran, be
held by the home in trust to be paid or delivered by the home upon
proof determined to be proper to the administrator, directly and
without probate, to the heirs of the veteran, except that the
administrator may disburse funds of any deceased veteran for payment
of funeral expenses or any obligation owed to the home, including the
cost of any care rendered by the home in excess of the fees paid by
the veteran to the home. Any funds of the deceased veteran
representing the cost of care rendered by the home in excess of the
fees paid by the veteran to the home shall be paid to the Morale,
Welfare, and Recreation Fund.
   This subdivision applies only to veterans becoming members of the
home on or after January 1, 1984.
   (b) All moneys and other personal property of any veteran held by
the home, or by its authority, or left by the veteran upon the
premises of the home, shall, upon the death of the veteran, be held
by the home in trust to be paid or delivered by the home upon proof
determined to be proper to the administrator, directly and without
probate, to the spouse, children, grandchildren, or father or mother
of the veteran, except that the administrator may disburse funds of
any deceased veteran for payment of funeral expenses or any
obligation owed to the home.
   This subdivision applies only to veterans who have become members
of the home prior to January 1, 1984.


1035.05.  (a) All moneys and other personal property of any veteran
other than that described in Section 1035 shall, upon the death of
the veteran, first be paid to the administrator for payment of
funeral expenses or any obligation owed to the home remaining unpaid
after the disbursement required by Section 1035 is completed; and
second, in the absence of an heir or heirs or a will, pass and
descend to and become the property of the home for credit to the
Morale, Welfare, and Recreation Fund. If the total value of that
property in the state over and above any amounts due the veteran for
services in the Armed Forces of the United States or from any other
employment does not exceed three thousand dollars ($3,000), the home
may, without procuring letters of administration, collect any money
due the decedent, receive the property of the decedent, and have any
evidences of interest, indebtedness, or right transferred to it upon
furnishing the person, representative, corporation, official, or body
owning the money, having custody of the property, or acting as
registrar or transfer agent of the evidence of that interest,
indebtedness, or right, with an affidavit showing the right of the
home to receive the money or property or to have the evidences
transferred. The receipt of the home shall constitute sufficient
acquittance for any payment of money or delivery of property made
pursuant to this section and shall fully discharge that person,
representative, corporation, officer, or body from any further
liability with reference thereto, without the necessity of inquiring
into the truth of any of the facts stated in the affidavit. However,
that payment or transfer does not preclude administration when
necessary to enforce payment of the decedent's debts, and the
administrator may, upon proof determined to be sufficient, pay the
debts directly and without administration.
   This subdivision applies only to veterans becoming members of the
home on or after January 1, 1984.
   (b) All moneys and other personal property of any veteran other
than that described in Section 1035 shall, upon the death of the
veteran, in the absence of a spouse, children, grandchildren, or
father or mother, pass and descend to and become the property of the
home for credit to the Morale, Welfare, and Recreation Fund. If the
total value of that property in the State of California over and
above any amounts due the veteran for services in the Armed Forces of
the United States or from any other employment does not exceed three
thousand dollars ($3,000), the home may, without procuring letters
of administration or awaiting probate of any will, collect any money
due the decedent, receive the property of the decedent and have any
evidences of interest, indebtedness, or right transferred to it upon
furnishing the person, representative, corporation, official, or body
owning the money, having custody of that property, or acting as
registrar or transfer agent of the evidence of that interest,
indebtedness, or right, with an affidavit showing the right of the
home to receive that money or property or to have those evidences
transferred. The receipt of the home shall constitute sufficient
acquittance for any payment of money or delivery of property made
pursuant to this section and shall fully discharge the person,
representative, corporation, officer, or body from any further
liability with reference thereto, without the necessity of inquiring
into the truth of any of the facts stated in the affidavit. However,
the payment or transfer does not preclude administration when
necessary to enforce payment of the decedent's debts, and the
administrator may, upon proof determined to be sufficient, pay those
debts directly and without administration.
   This subdivision shall apply only to veterans who have become
members of the home prior to January 1, 1984.
   (c) For the purpose of application to this section of the
provisions of the Probate Code governing distribution of property,
the home shall be deemed to be a beneficiary of the decedent.



1035.1.  (a) Any will executed by a veteran who was a member of the
home at the time of death, whether executed prior or subsequent to
January 1, 1984, which purports to leave any part of the veteran's
estate to any officer or employee of the home, unless that officer or
employee would be eligible to take by intestate succession under the
probate laws of this state, is void as to that provision.
   This subdivision shall apply only to veterans becoming members of
the home on or after January 1, 1984.
   (b) Any will heretofore or hereafter executed by a veteran,
whether executed before or after admission to the home, shall not be
valid as to any provision therein contained which purports to
dispose, either directly or indirectly, of moneys or personal
property to other than the spouse, children, grandchildren, or father
or mother of the veteran. This section does not apply to any veteran
who is not a member of the home at the time of death.
   This subdivision shall apply only to veterans who became members
of the home prior to January 1, 1984.



1035.2.  Any personal property held by the home pursuant to Section
1035 which the administrator determines to be of no substantial
monetary value may be immediately delivered to any heir, devisee, or
legatee under a will of the deceased veteran, or to any other
interested person who makes application therefor, or if unclaimed
within one year, may be destroyed or used, as the administrator
directs, for the benefit of the home or its members.



1035.3.  (a) If no will or heir is discovered within two years after
the death of the veteran, any moneys not exceeding three thousand
dollars ($3,000) held by the home pursuant to Section 1035 and not
paid or otherwise delivered to the heir or heirs or pursuant to the
will of the deceased veteran, or otherwise disbursed by the
administrator pursuant to Section 1035, shall be paid to the Morale,
Welfare, and Recreation Fund.
   If no will or heir is discovered within five years after the death
of the veteran, any moneys exceeding three thousand dollars ($3,000)
held by the home pursuant to Section 1035 and not paid or otherwise
delivered to the heir or heirs or pursuant to the will of the
deceased veteran, or otherwise disbursed by the administrator
pursuant to Section 1035, shall be paid to the Morale, Welfare, and
Recreation Fund.
   This subdivision applies only to veterans becoming members of the
home on or after January 1, 1984.
   (b) If no spouse, child, grandchild, or father or mother is
discovered within two years after the death of the veteran, any
moneys not exceeding three thousand dollars ($3,000) held by the home
pursuant to Section 1035 and not paid or otherwise delivered to the
spouse, children, grandchildren, or father or mother, or otherwise
disbursed by the administrator pursuant to Section 1035, shall be
paid to the Morale, Welfare, and Recreation Fund.
   If no spouse, child, grandchild, or father or mother is discovered
within five years after the death of the veteran, any moneys
exceeding three thousand dollars ($3,000) held by the home pursuant
to Section 1035 and not paid or otherwise delivered to the spouse,
children, grandchildren, or father or mother, or otherwise disbursed
by the administrator pursuant to Section 1035, shall be paid to the
Morale, Welfare, and Recreation Fund.
   This subdivision applies only to veterans who have become members
of the home prior to January 1, 1984.



1035.4.  (a) All personal property held or received by the home
pursuant to Section 1035, other than moneys or property described in
Section 1035.2, which is unclaimed by, or not otherwise delivered to,
the heir or heirs or pursuant to the will of a deceased veteran
within one year after death, may be sold by the administrator by
public auction or private sale. The sale shall take place at a public
place in the home, and notice of the sale shall be posted in that
place at least 10 days previous to the date of the sale. The proceeds
of the sale shall be credited to the Morale, Welfare, and Recreation
Fund.
   This subdivision applies only to veterans becoming members of the
home on or after January 1, 1984.
   (b) All personal property held or received by the home pursuant to
Section 1035, other than moneys or property described in Section
1035.2, which is unclaimed by, or not otherwise delivered to, the
spouse, children, grandchildren, or father or mother of a deceased
veteran within one year after death, may be sold by the administrator
by public auction or private sale. The sale shall take place at a
public place in the home, and notice of the sale shall be posted in
that place at least 10 days previous to the date of the sale. The
proceeds of the sale shall be credited to the Morale, Welfare, and
Recreation Fund.
   This subdivision applies only to veterans who have become members
of the home prior to January 1, 1984.



1035.5.  (a) The administrator shall provide to the heirs or
devisees of every deceased veteran who became a member of the home on
or after January 1, 1984, a statement or accounting of all charges
made against the veteran's money or personal property under Sections
1035 to 1035.4, inclusive.
   (b) Every veteran applying for membership in the home on or after
January 1, 1984, shall be furnished a written explanation of the
limitations and restrictions on the right to dispose of money and
personal property contained in Sections 1035 to 1035.4, inclusive.




1035.6.  (a) The administrator shall provide each member of the home
with a quarterly statement or accounting of all charges for the
costs of care rendered to the member in excess of the member fee, as
defined in subdivision (b). The quarterly statement or accounting of
charges shall clearly indicate that the charges for the excess costs
of care are provided to the member for informational purposes only.
   (b) "Costs of care in excess of the member fee" means all costs
that are not covered by the member contribution fee, including, but
not limited to, the unreimbursed costs of medical or dental services
rendered to the member, either by the home or under contract with the
home. The Department of Veterans Affairs shall promulgate
regulations specifying the costs that are in excess of the member
contribution fee and constitute the unreimbursed costs of care.



1035.7.  (a) Upon admission to a California veterans' home, the
administrator of each home shall provide written notice to the
veteran informing him or her of costs of care that may be incurred in
excess of the member contribution fee. The notification shall:
   (1) Include an explanation of circumstances under which the member
may incur costs that are in excess of the contribution fee.
   (2) Specifically indicate that these excess costs of care are
costs in addition to, or above and beyond, the member contribution
fee.
   (3) Provide examples of "excess costs of care that are frequently
incurred by veterans."
   (4) Inform the member that he or she will receive a quarterly
accounting statement of the total excess costs of care, but that the
statement is provided for informational purposes only.
   (5) Inform the veteran that, if he or she is a resident of the
home at the time of death, the home may disburse his or her moneys or
personal property for payment of unreimbursed excess costs of care.
   (6) Include a statement advising the member to seek counsel from a
legal expert to protect his or her assets.
   (7) Include the terms and conditions upon which the member fees
and costs can be changed.
   (b) The notification shall require the signature of the veteran
that acknowledges that he or she has read and understands the
notification.
   (c) The notification shall be written in plain, straightforward
language, avoiding technical terms as much as possible, and using a
coherent and easily readable style.
   (d) A copy of the notification, containing all the information
specified in subdivision (a) and titled in large font "NOTICE TO
RESIDENTS," shall be conspicuously posted in each veterans' home by
the administrator of the veterans' home.



1036.  The veterans may voluntarily deposit money with the home,
which the home shall receive and keep without charge as a trust fund.



1037.  The money belonging to a veteran and voluntarily deposited
with the home may be withdrawn, in whole or in part, at the will of
the veteran.


1038.  All money deposited with the home for a veteran shall be paid
to him or her on demand, upon his or her discharge or voluntary
departure from the home. If the money is not so demanded at the time
of his or her discharge or departure or within a period of two years
thereafter, if the amount does not exceed three thousand dollars
($3,000), or within a period of five years thereafter, if the amount
exceeds three thousand dollars ($3,000) either by the veteran, or, in
the event of the veteran's death after his or her discharge or
departure, by the veteran's heirs, devisees, legatees, or qualified
executor or administrator of his or her estate, the money shall be
paid to the Morale, Welfare, and Recreation Fund.




1038.1.  All personal property other than money left at the home by
a veteran at the time of his discharge or voluntary departure
therefrom, unclaimed within a period of one year therefrom, either by
such veteran or, in the event of his decease after his discharge or
departure, by his heirs, devisees, legatees, or qualified executor or
administrator of his estate, shall be sold in the manner described
in Section 1035.4 and the proceeds paid to the post fund.



1038.5.  Any money deposited with the home by a veteran shall be
credited with interest at no more than the State Monetary Investment
Fund rate, less 0.75 percent, and shall be paid to the veteran or to
his or her heirs, devisees, legatees, or the qualified executor or
the administrator of his or her estate pursuant to Section 1037 or
Section 1038.



1039.3.  The administrator, subject to the approval of the
secretary, may accept cash donations or other gifts to be used for
the welfare of the veterans. Cash shall be paid into trust funds as
the administrator may establish, and shall be expended for promoting
the welfare of the veterans and for the purpose designated by the
donor.



1042.  All accrued interest on money turned over to the executive
officer and retained by him or her under this chapter shall be
accounted for by the executive office and deposited to the credit of
the post fund and used for the common benefit of veterans.




1042.1.  If any check is drawn upon any trust fund of the home,
except checks drawn by members of the home on their own accounts, and
remains unclaimed, or is not cashed, for a period of one year, it
shall be canceled and the amount thereof shall be turned over to the
executive officer and be deposited to the credit of the post fund and
used for the common benefit of the members of the home.



1043.  With the exception of officers and employees and their
families, no person shall be admitted to reside in the home, who is
not eligible under Section 1012.



1044.  The administrator, in accordance with the policies adopted by
the California Veterans Board and subject to the direction of the
director, may adopt rules and regulations governing the admission of
applicants and may prescribe the conditions upon which they may enter
and remain with the home.


1044.5.  (a) A resident of a veterans home has the right to complain
and otherwise exercise the freedom of expression and assembly
guaranteed by the Sections 2 and 3 of Article I of the California
Constitution and the First Amendment to the United States
Constitution. The administrator of the home shall inform each
resident in writing at the time of admission of the right to complain
to the administrator about home accommodations and services. A
notice of the right to complain shall be posted in the home. The
administrator shall also inform each resident of the right to
complain to the board or to the Secretary of Veterans Affairs. Each
resident of a home shall be encouraged and assisted, throughout the
period of stay in the home, to understand and exercise the rights of
freedom of expression and assembly as a resident and as a citizen. To
this end, the resident may voice grievances and recommend changes in
policies and services to home staff, other residents, and outside
representatives of the resident's choice, free from restraint,
interference, coercion, discrimination, or reprisal, including
retaliatory eviction.
   (b) An administrator may not retaliate against any resident who
exercises the right to voice grievances by evicting the resident.
There shall be a rebuttable presumption that any eviction within 45
days of the exercise by a resident of the right to voice grievances
is retaliatory. This presumption does not apply in favor of a
resident who has failed to pay maintenance fees unless the resident
pays the overdue fees.



1045.  Nothing in this chapter shall prevent the State from
transferring the property and management of the home to the United
States for a home of similar character.



1046.  (a) If it appears necessary or proper that a guardian or
conservator of the estate of a veteran be appointed, the court in its
discretion may, upon application of the administrator, or officer
designated by the administrator, appoint the home as guardian or
conservator of the veteran's estate and cause letters of guardianship
or conservatorship of the estate to be issued to the home.
   (b) For the purposes of this chapter, the home is a corporation
and, acting through an officer designated by the administrator, may
act as guardian or conservator of estates, assignee, receiver,
depositary, or trustee under appointment of any court or by authority
of any law of this state and may transact business in that capacity
in the same manner as an individual, and for this purpose may sue and
be sued in any court of this state.
   (c) The home shall be appointed as guardian, conservator,
assignee, receiver, depositary, or trustee without bond. The home
shall receive reasonable fees for its expenses for filing fees and
attorneys' fees. The fees paid to the home may be used as a trust
account from which may be drawn expenses for filing fees and
attorneys' fees in all estates it undertakes to administer. Whenever
the balance remaining in the trust account exceeds a sum determined
to be necessary by the administrator for the payment of the filing
fees and attorneys' fees incurred in the various estates, the excess
shall be paid annually into the post fund of the home.
   (d) The home, when acting as guardian or conservator of a veteran,
may deposit the funds of the estate in the special deposit fund of
the home, and may invest and reinvest the funds in securities which
are legal investments for savings banks in this state.



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.



1048.  (a) The Morale, Welfare, and Recreation Fund shall include
proceeds from the California Veterans Homes Fund, operations of the
Veterans' Home Exchange, 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,
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.
   (b) The administrator 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.
   (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.



1049.  Moneys in the Morale, Welfare, and Recreation Fund maintained
under subdivision (a) of Section 1047 may be used 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 may establish the Veterans' Home Exchange to
operate at a profit.



1050.  The Veterans' Home Allied Council, which is established
pursuant to the constitution of the Allied Council, Veterans' Home of
California, and which is composed of members of the home, is hereby
recognized as an established advisory body to the administrator.




1051.  (a) There is hereby established in the State Treasury the
California Veterans Homes Fund to receive those amounts transferred
to the fund pursuant to Section 18811 of the Revenue and Taxation
Code.
   (b) Any funds remaining in the Veterans' Quality of Life Fund, as
established by Section 2 of Chapter 143 of the Statutes of 2005,
shall be transferred to the California Veterans Homes Fund
established by subdivision (a).