text: If any section, subdivision, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining portions of the chapter. The Legislature hereby declares that it would have passed this chapter and each section, subdivision, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subdivisions, sentences, clauses and phrases may be declared unconstitutional, invalid or unenforceable.

article: 7. Miscellaneous


kind: section

code: MVC

text: This chapter shall not operate to rescind or repeal any act of the State of California now or hereafter enacted providing for the issuance of general obligation bonds of the State of California for the purpose of financing the Veterans’ Farm and Home Purchase Act of 1974 or for purposes similar to those set forth in the Veterans’ Farm and Home Purchase Act of 1974 provided such bonds are either payable out of the General Fund of the State of California or the full faith and credit of said state is pledged for the payment of both the principal of and interest thereon.

history: (History: Amended by Stats. 1976, Ch. 663.)

division: 4. VETERANS' AID AND WELFARE

article: 7. Miscellaneous

path: 4. VETERANS' AID AND WELFARE > 7. Veterans’ Revenue Debenture Act of 1970 > 7. Miscellaneous


text: All money in any of the funds created or authorized to be created in any resolution of issuance under the provisions of this chapter is hereby appropriated for expenditure in carrying out the purposes herein and therein provided.

history: (History: Added by Stats. 1970, Ch. 1488.)

chapter: 7. Veterans’ Revenue Debenture Act of 1970

article: 7. Miscellaneous


text:
The purchaser shall make an initial payment of at least 10 percent of the selling price of the property, in case of a farm, and 5 percent in the case of a home. The department may waive the initial payment in any case where the value of the property as determined by the department appraisal shall be equal to the amount to be paid by the department plus at least 10 percent in the case of a farm, and 5 percent in the case of a home. The balance of the purchase price may be amortized over a period fixed by the department, not exceeding 40 years, together with interest thereon at the rate as determined by the department for such amortization purposes. The department shall establish the actual interest rate to be paid. To this end the department, by two-thirds vote of the California Veterans Board, with the approval of the Veterans’ Debenture Finance Committee established by Section 1000.3 of this code, is empowered to establish a uniform rate of interest payable upon the amount remaining unpaid under all pledged veterans’ purchase contracts then or thereafter executed. The California Veterans Board and the Veterans’ Debenture Finance Committee shall periodically at least once each year make a finding as to the rate of interest to be charged, taking into consideration the requirements of the Veterans’ Debenture Revenue Fund created by this chapter, but subject to any covenant contained in any resolution of issuance adopted in accordance with this chapter pursuant to which debentures are at the time outstanding. Subject to any such covenant, the department may raise or lower the rate of interest payable under such contracts for any given period as many times and as frequently as it deems to be for the best interests of the department, if in so doing its action is made applicable alike to any and all pledged contract holders and 30 days’ advance notice is given of the time when the new rate of interest is to become effective. Upon demand of the Veterans’ Debenture Finance Committee, given as provided in any resolution of issuance adopted pursuant to this chapter, the department shall increase the rate of interest to be charged upon the amount remaining unpaid upon all pledged veterans’ purchase contracts then in existence. A change in the interest rate may affect the total amount of any installment payment. The purchaser on any installment date may pay any or all installments still remaining unpaid. Subject to any covenant contained in any resolution of issuance adopted in accordance with this chapter, and pursuant to which debentures are at the time outstanding, the department may, in any individual case, for good cause postpone from time to time, upon such terms as the department deems proper, the payment of the whole or any part of any installment of the purchase price or interest thereon.

This section is intended to be applicable to all lands acquired from the proceeds of the sale of debentures issued hereunder and to the resale and disposition of such lands to the purchasers thereof and no other provision of law shall be applicable to the purchase or resale of such lands except only as in this act provided.

article: 7. Miscellaneous


text: The department shall require that all applicants under this article qualify under the applicable federal laws and regulations governing the permitted uses of tax-exempt bond funds, and file within the time limits required under applicable federal laws and regulations.

history: (History: Amended by Stats. 1993, Ch. 1066, Sec. 10. Effective October 11, 1993.)

article: 7. Miscellaneous


citation: MVC § 1008

text:
The Legislature finds and declares the following:

(a) Agriculture is a major industry in California, with 81,700 farms and ranches. California agriculture is nearly a thirty-seven-billion-five-hundred-million-dollar ($37,500,000,000) industry that generates one hundred billion dollars ($100,000,000,000) in related economic activity.

(b) In 2010, the United States Department of Agriculture Secretary cited that the aging of principal farm operators across the nation is rising. The USDA Census of Agriculture, 2012 Census Highlights, finds that the average age of America’s principal farm operators is 58.3 years of age and one-third are 65 years or older.

(c) An 8-percent national decrease in the number of farmers and ranchers is expected to occur between the years 2008 and 2018.

(d) Recognizing the growth of America’s food production needs, and low proportions of beginning farmers and ranchers nationwide, the USDA Secretary identified America’s returning military veterans as a promising population to enter careers as farmers and ranchers. The 2014 United States Farm Bill contains various landmark incentives to assist military veterans and disadvantaged populations to become farmers and ranchers.

(e) In November 2014, the USDA announced the designation of the nation’s first USDA Military Veterans Agricultural Liaison to coordinate information, resources, and support for active duty military and veterans interested in entering careers as farmers and ranchers.

(f) The 2014 United States Farm Bill, also known as the Agricultural Act of 2014, contained various incentives designed to assist the nation’s returning military veterans to acquire skills needed to start and manage a farm. Incentives include, but are not limited to, farm loans and microloans, education and training and technical assistance, including training in natural resource conservation techniques and practices.

(g) Eight percent of the nation’s homeless population are military veterans and 45 percent of homeless veterans are African American or Latino, while less than 10 percent are women.

(h) More than six million veterans reside in rural America and approximately two million veterans are residents of California.

(i) California veterans use fewer benefits than their peers at the national level. While all veterans report only partial awareness of benefits for which they are eligible, some states have more advanced outreach programs to connect veterans to these available resources.

(j) The Legislature recognizes the opportunities to the state through landmark funding contained in the 2014 United States Farm Bill and subsequent United States Farm bills to assist military veterans in entering careers as farmers and ranchers.

(k) The Legislature acknowledges opportunities offered through a state and federal partnership to strengthen and enhance these resources to benefit California’s veterans and historically underserved populations.

history: (History: Added by Stats. 2017, Ch. 188, Sec. 1. (AB 376) Effective January 1, 2018.)

chapter: 8. Veteran Farmers or Ranchers

path: 4. VETERANS' AID AND WELFARE > 8. Veteran Farmers or Ranchers


text:
(a) By July 1, 2018, the California Labor and Workforce Development Agency, the California Department of Veterans Affairs, and the California Department of Food and Agriculture, in consultation with the United States Department of Agriculture and the United States Farm Service Agency, and other federal agencies as needed, shall identify and post information pursuant to this section on their individual Internet Web sites as appropriate to assist, educate, train, and otherwise support California’s transitioning service members and returning military veterans to enter into farming or ranching careers in California.

(b) Information posted by the Department of Food and Agriculture pursuant to subdivision (a) shall include, but is not limited to, information on all of the following:

(1) The California Department of Food and Agriculture’s Healthy Soils Initiative.

(2) The 2014 United States Agricultural Act and subsequent agricultural acts.

(3) Farm loans offered through the United States Department of Agriculture’s Farm Service Agency.

(4) The United States Department of Agriculture’s Natural Resources Conservation Service.

(5) The federal Beginning Farmer and Rancher Development Program.

(c) Information posted by the Department of Veterans Affairs pursuant to subdivision (a) shall include, but is not limited to, information on the California Department of Veterans Affairs’ Farm and Home Loan Program and federal farm and home loan programs, as appropriate.

(d) Information posted by the Labor and Workforce Development Agency pursuant to subdivision (a) shall include, but is not limited to, information on training and employment services offered through the America’s Job Center of California, operating under the California Labor and Workforce Development Agency. It is the intent of the Legislature that the employment and training assistance provided through the America’s Job Center of California to military veterans seeking careers as farm operators and ranchers shall be in the same manner as the assistance provided to other career seekers.


citation: MVC § 1010

text:
As used in this chapter:

(a) “Home” means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. The Veterans’ Home of California system is comprised of the following subsidiary home locations:

(1) The Veterans’ Home of California, Yountville, in Napa County.

(2) The Veterans’ Home of California, Barstow, in San Bernardino County.

(3) The Veterans’ Home of California, Chula Vista, in San Diego County.

(4) The Veterans’ Home of California, West Los Angeles, in Los Angeles County.

(5) The Veterans’ Home of California, Lancaster, in Los Angeles County.

(6) The Veterans’ Home of California, Ventura, in Ventura County.

(7) The Veterans’ Home of California, Fresno, in Fresno County.

(8) The Veterans’ Home of California, Redding, in Shasta County.

(b) “Administrator” means the senior executive appointed to operate a home.

(c) “Department” means the Department of Veterans Affairs.

(d) “Member” means a veteran or nonveteran spouse or domestic partner who has been admitted to residency at a veterans’ home.

(e) “Secretary” means the Secretary of Veterans Affairs.

(f) “Veteran” has the same meaning as defined in Section 101(2) of Title 38 of the United States Code.

(g) “Applicant” means an eligible veteran or nonveteran spouse or domestic partner who is applying for admission to a home.

history: (History: Amended by Stats. 2024, Ch. 140, Sec. 1. (SB 1529) Effective January 1, 2025.)

division: 5. VETERANS' INSTITUTIONS

chapter: 1. Veterans’ Home of California

path: 5. VETERANS' INSTITUTIONS > 1. Veterans’ Home of California


citation: MVC § 1011

text:
(a) There is in the department a Veterans’ Home of California system, as defined in subdivision (a) of Section 1010.

(b) There shall be an administrator for each home or homesite in that system, 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 Human Resources.

history: (History: Repealed and added by Stats. 2017, Ch. 28, Sec. 42. (SB 96) Effective June 27, 2017.)


citation: MVC § 1012

text:
(a) Except as provided in Sections 1012.4, 1023, and 1023.1, the homes are for aged or disabled persons who served in the Armed Forces of the United States of America who were discharged or released from active duty under conditions other than dishonorable, who are eligible for health care benefits, 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 or domestic partners of these persons if all of the following conditions, as are applicable, are satisfied:

(1) Space is available.

(2) The veteran and the spouse or domestic partner will maintain joint residency in accordance with rules established by the department.

(3) The spouse or domestic partner 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 veteran applicant for at least one year, or is the surviving spouse or domestic partner of a recipient of the Medal of Honor or a former prisoner of war (POW).

(b) (1) Veterans who qualify for benefits under this chapter who are recipients of the Medal of Honor or who were POWs shall be given priority over all other qualified veterans.

(2) Veterans who qualify for benefits under this chapter who have been rated by the United States Department of Veterans Affairs as being 70 percent or greater service-connected disabled may be given priority over other veterans who do not qualify for prioritization under paragraph (1).

(3) The secretary may establish needs-based criteria for admission to the homes, and any veteran meeting those criteria may be given priority over veterans who do not qualify for prioritization under paragraph (1) or (2) and can afford to provide for their own care elsewhere.

(4) Paragraphs (2) and (3) shall not apply to veterans who, as of January 1, 2018, are on a wait list awaiting admission to a home.

(5) Veterans who qualify for benefits under this chapter due to service during a time of war may be given priority over veterans who qualify due to service during a time of peace.

(c) A member spouse or domestic partner may continue residency after the veteran’s death so long as they continue to pay all applicable fees.

(d) The property of the home shall be used for this purpose.

history: (History: Amended by Stats. 2024, Ch. 140, Sec. 2. (SB 1529) Effective January 1, 2025.)


text:
(a) Prior to the admission of an applicant, and at any time during which a person is a member of a home, the department may investigate an applicant’s or member’s financial status or criminal background to determine the applicant’s or member’s income, assets, and suitability for residency at a home, or to ensure that the applicant or member is unable to pay for necessary hospital or domiciliary care outside of the home. The department may contract with any other state, federal, or private agency to conduct the investigation on its behalf.

(b) Omitting or falsifying financial, criminal, medical, or other information by an applicant or member or nonpayment of fees may be grounds for financial penalties or denial of admission to, or discharge from, a home.

history: (History: Amended by Stats. 2024, Ch. 140, Sec. 3. (SB 1529) Effective January 1, 2025.)


text:
(a) Notwithstanding any other law, any member of the home who is receiving an aid and attendance allowance from the United States Department of Veterans Affairs for the member’s own care shall pay to the home an amount equal to that allowance in all levels of care excluding domiciliary.

(b) Subdivision (a) shall not apply to a member of a home who is in intermediate care or skilled nursing care and has a disability that has been rated by the United States Department of Veterans Affairs as being 70 percent or more service-connected, as determined under Part 4 of Title 38 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2019, Ch. 29, Sec. 123. (SB 82) Effective June 27, 2019.)


text:
(a) Members of a home, including members who are nonveteran spouses or domestic partners, shall pay fees as determined by the department to cover room and board and other expenses defined in regulations, except that the total of the individual member’s fees 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) Subdivision (a) shall not apply to a member of a home who is in intermediate care or skilled nursing care and has a disability that has been rated by the United States Department of Veterans Affairs as being 70 percent or more service-connected, as determined under Part 4 of Title 38 of the Code of Federal Regulations and whose related payments made under Section 51.41 of Title 38 of the Code of Federal Regulations are considered by the United States Department of Veterans Affairs as payment in full for the member’s care.

(c) Subdivision (a) shall not apply to penalties for late fee payment.

(d) Failure to pay the required fees may be cause for the administrator to refer the member to collections or dismiss the member from the home.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 46. (SB 96) Effective June 27, 2017.)


text:
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 all of the following:

(a) Authorize veterans, collateral dependents, and other beneficiaries authorized by the United States Department of Veterans Affairs, who are not members of a Veterans’ Home of California, 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 a Veterans’ Home of California to veterans who are authorized under subdivision (a).

(c) Establish and charge fees for outpatient services rendered by a Veterans’ Home of California.

(d) The outpatient services and reimbursement procedures authorized under subdivisions (a), (b), and (c) may be established for any veterans’ home established by the department.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 47. (SB 96) Effective June 27, 2017.)


citation: MVC § 1013

text: 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.

history: (History: Enacted by Stats. 1935, Ch. 389.)


citation: MVC § 1023

text:
(a) The department may sue and be sued in any of the courts of this state. All property held by the department for a home shall be held in trust for the state and for the use and benefit of the home. The department shall manage the homes and administer their affairs, and, subject to the direction of the secretary, adopt rules and regulations for the government of the homes in conformity, as nearly as possible, to applicable state and federal rules and regulations, including, but not limited to, the United States Department of Veterans Affairs regulations.

(b) With the consent of the secretary, the Director of General Services may lease or let any real property held by the department for a 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 and its members. In any leasing or letting, except as provided in Section 1049, all moneys received in connection therewith shall be deposited in the General Fund.

history: (History: Amended by Stats. 2020, Ch. 61, Sec. 2. (AB 240) Effective January 1, 2021.)


text:
(a) A lease of real property held by the department for a home shall not exceed five years, unless one of the following apply:

(1) The lessee is a town, city, county, or city and county, or a political subdivision thereof, where the home is located.

(2) The lessee is a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families.

(3) The contract for the lease with the department or the Director of General Services was executed before January 1, 2021.

(b) The department or the Director of General Services and a lessee may renegotiate the terms of the contract described in paragraph (3) of subdivision (a), except that any terms regarding the duration or renewal of the contract shall not be extended, unless those terms meet the requirements of this section.

(c) A lease contract with any other party may be granted for a term greater than five years only with the approval of the Legislature by statute.

history: (History: Added by Stats. 2020, Ch. 61, Sec. 3. (AB 240) Effective January 1, 2021.)


text:
(a) The general purpose of any use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall meet all of the following criteria, as determined by the secretary:

(1) Provide substantial and direct benefits to the home and its members.

(2) Be appropriate and compatible with the nature of the home.

(3) Compensate the department in an amount that approximates fair market value, taking into consideration the value of the benefit provided to the home’s members and the investment by the lessee in the property development of the home.

(4) When the use contemplated carries a reasonable risk of injury or loss to the state, the home, or the members of the home, that use is appropriately insured by the lessee to cover those risks and to insure home residents, the department, and the state against liability.

(b) Each use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall be governed by a written agreement between the department or the Director of General Services and the person or entity using the real property that establishes exactly how the person or entity meets the criteria in subdivision (a).

(c) For the purposes of this section, a benefit may include any function or activity that enhances the morale, welfare, and recreation of the home’s members.

history: (History: Added by Stats. 2020, Ch. 61, Sec. 4. (AB 240) Effective January 1, 2021.)


citation: MVC § 1025

text: For those services and programs administered by the department and within the purview of the United States Department of Veterans Affairs, appropriate facilities of the home shall be open at any time to the inspection of the Secretary of the United States Department of Veterans Affairs or the secretary’s authorized representative.

history: (History: Amended by Stats. 2020, Ch. 61, Sec. 5. (AB 240) Effective January 1, 2021.)


text: 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 homes. The proceeds of a contract described in this section, less the actual operating expenses, shall be paid to the individual disabled veterans who perform the services or labor.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 55. (SB 96) Effective June 27, 2017.)


text: 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.

history: (History: Amended by Stats. 1968, Ch. 490.)


citation: MVC § 1032

text:
(a) (1) The department may fix a schedule of stipends for members who volunteer to support veterans home operations.

(2) A stipend is subject to the availability of funding and to the approval of the Director of Finance.

(b) A member volunteerism program pursuant to this section shall be therapeutic in nature and shall not interfere with the home’s ability to best care for and serve the member.

(c) A member shall only perform volunteer work in accordance with this section if the chief medical officer of the home, or their designee, determines that the member is medically appropriate for volunteer work and would receive a therapeutic benefit from volunteering.

(d) (1) A member performing volunteer work is not, and shall not displace, a civil servant or otherwise be considered an employee, or displace an employee, of the department.

(2) Rules governing a member volunteerism program shall not conflict with state or federal law defining employment.

(e) Volunteer stipends are not subject to fee collections pursuant to Section 1012.3.

(f) A member may disenroll from a member volunteerism program at any time and without notice.

history: (History: Repealed and added by Stats. 2024, Ch. 141, Sec. 2. (SB 1530) Effective January 1, 2025.)


text:
(a) The department may pay the premiums on behalf of its members who are required to participate in eligible coverage, including medical assistance provisions contained in Title XVIII and Title XIX of the federal Social Security Act, from funds appropriated for the support of a home.

(b) The department may pay for copayments and deductibles for members receiving care under the limitations of the veterans’ home medical program and under the direction of the veterans’ home physician. Medical expenditures in excess of the premiums, copayments, and deductibles are the responsibility of the member.

(c) When entering a home and while residing in a home, a member is required to obtain and maintain basic medical insurance policies that are in accordance with all applicable state and federal laws and regulations.

history: (History: Repealed and added by Stats. 2017, Ch. 28, Sec. 59. (SB 96) Effective June 27, 2017.)


citation: MVC § 1034

text: Except money received from this state for disbursement, all moneys received by a home, or by an officer of a home, including pension and other moneys belonging to members and other trust moneys, shall be immediately paid to the administrator of the home. The administrator of each home shall forward to the State Treasurer all moneys in the administrator’s possession, except pension and other moneys belonging to members, trust moneys, and donations made to each home, together with a statement of the sources from which the moneys have been received. The moneys shall be deposited by the State Treasurer to the credit of the General Fund; provided, however, that abatements of support expenditures shall be credited to the support appropriation current at the time of collection.

history: (History: Amended by Stats. 2019, Ch. 29, Sec. 126. (SB 82) Effective June 27, 2019.)


citation: MVC § 1035

text:
(a) (1) All moneys and other personal property of any member held by a home, or by its authority, or left by the member upon the premises of a home, shall, upon the death of the member, 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 member, except that the administrator may disburse funds of any deceased member for payment of funeral expenses or any obligation owed to any home, including the cost of any care rendered by a home in excess of the fees paid by the member to the home. Any funds of the deceased member representing the cost of care rendered by a home in excess of the fees paid by the member to the home shall be paid to the Morale, Welfare, and Recreation Fund.

(2) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b) (1) All moneys and other personal property of any member held by a home, or by its authority, or left by the member upon the premises of a home, shall, upon the death of the member, 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, domestic partner, children, grandchildren, or father or mother of the member, except that the administrator may disburse funds of any deceased member for payment of funeral expenses or any obligation owed to any home.

(2) This subdivision applies only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 62. (SB 96) Effective June 27, 2017.)


text:
(a) (1) A will executed by a member who was a member of a home at the time of death, whether executed prior or subsequent to January 1, 1984, which purports to leave any part of the member’s estate to an officer or employee of a 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.

(2) This subdivision shall apply only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b) (1) A will heretofore or hereafter executed by a member, whether executed before or after admission to a 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, domestic partner, children, grandchildren, or father or mother of the member. This section does not apply to any veteran, spouse, or domestic partner who is not a member of a home at the time of death.

(2) This subdivision shall apply only to veterans, spouses, or domestic partners who became members of a home prior to January 1, 1984.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 64. (SB 96) Effective June 27, 2017.)


text: Any personal property held by a home pursuant to Section 1035 that 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 member, 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.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 65. (SB 96) Effective June 27, 2017.)


text:
(a) (1) If no will or heir is discovered within two years after the death of the member, any moneys not exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the heir or heirs or pursuant to the will of the deceased member, or otherwise disbursed by the administrator pursuant to Section 1035, shall be paid to the Morale, Welfare, and Recreation Fund.

(2) If no will or heir is discovered within five years after the death of the member, any moneys exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the heir or heirs or pursuant to the will of the deceased member, or otherwise disbursed by the administrator pursuant to Section 1035, shall be paid to the Morale, Welfare, and Recreation Fund.

(3) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b) (1) If no spouse, domestic partner, child, grandchild, or father or mother is discovered within two years after the death of the member, any moneys not exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the spouse, domestic partner, 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.

(2) If no spouse, domestic partner, child, grandchild, or father or mother is discovered within five years after the death of the member, any moneys exceeding fifteen thousand dollars ($15,000) held by a home pursuant to Section 1035 and not paid or otherwise delivered to the spouse, domestic partner, 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.

(3) This subdivision applies only to veterans, spouses, and domestic partners who have become members of a home prior to January 1, 1984.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 66. (SB 96) Effective June 27, 2017.)


text:
(a) All personal property held or received by a 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 member 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, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b) All personal property held or received by a 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, domestic partner, children, grandchildren, or father or mother of a deceased member 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, spouses, and domestic partners who have become members of a home prior to January 1, 1984.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 67. (SB 96) Effective June 27, 2017.)


text:
(a) (1) All moneys and other personal property of any member other than that described in Section 1035 shall, upon the death of the member, first be paid to the administrator for payment of funeral expenses or any obligation owed to any 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 state 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 fifteen thousand dollars ($15,000), 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.

(2) This subdivision applies only to veterans, spouses, and domestic partners becoming members of a home on or after January 1, 1984.

(b) (1) All moneys and other personal property of any member other than that described in Section 1035 shall, upon the death of the member, in the absence of a spouse, domestic partner, children, grandchildren, or father or mother, pass and descend to and become the property of the state 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 fifteen thousand dollars ($15,000), 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.

(2) This subdivision shall apply only to veterans, spouses, and domestic partners who have become members of a 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.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 63. (SB 96) Effective June 27, 2017.)


text:
(a) The administrator shall provide to the heirs or devisees of every deceased member who became a member of a home on or after January 1, 1984, a statement or accounting of all charges made against the member’s money or personal property under Sections 1035 to 1035.4, inclusive.

(b) Every veteran applying for membership in a 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.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 68. (SB 96) Effective June 27, 2017.)


text:
(a) The administrator shall provide each member of a 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 include, in plain, straightforward language, avoiding technical terms as much as possible and using a coherent and easily readable style, all of the following:

(1) A statement that the charges for the excess costs of care are provided to the member for informational purposes only.

(2) A statement that, if the member is a resident of a home at the time of death, the home may use their money or personal property that is in possession of the home or outside the home for payment of unreimbursed costs of care.

(3) A statement that advises the member to seek counsel from a legal expert to protect their assets.

(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 a home or under contract with a 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.

(c) The quarterly statement or accounting described in subdivision (a) and any notice relating to quarterly statements posted in a home shall be in 14-point font or larger.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 97. (SB 1097) Effective January 1, 2025.)


text:
(a) Upon admission to a home, the administrator of each home shall provide written notice to the member informing them of costs of care that may be incurred in excess of the member contribution fee. The notification shall do all of the following:

(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 members.”

(4) Inform the member that they 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 member that, if they are a resident of a home at the time of death, the home may disburse their 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 their 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 member that acknowledges that they have read and understand 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 home by the administrator of the home.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 98. (SB 1097) Effective January 1, 2025.)


citation: MVC § 1036

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

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 71. (SB 96) Effective June 27, 2017.)


citation: MVC § 1037

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

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 72. (SB 96) Effective June 27, 2017.)


citation: MVC § 1038

text: All money deposited with a home for a member shall be paid to the member, on demand, upon their discharge or voluntary departure from the home. If the money is not demanded at the time of discharge or departure or within a period of two years thereafter, if the amount does not exceed five thousand dollars ($5,000), or within a period of five years thereafter, if the amount exceeds five thousand dollars ($5,000) either by the member, or, in the event of the member’s death after discharge or departure, by the member’s heirs, devisees, legatees, or qualified executor or administrator of their estate, the money shall be paid to the Morale, Welfare, and Recreation Fund.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 99. (SB 1097) Effective January 1, 2025.)


text: All personal property other than money left at a home by a member at the time of their discharge or voluntary departure therefrom, unclaimed within a period of one year, either by the member or, in the event of their decease after their discharge or departure, by their heirs, devisees, legatees, or qualified executor or administrator of their estate, shall be sold in the manner described in Section 1035.4 and the proceeds paid to the Morale, Welfare, and Recreation Fund.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 100. (SB 1097) Effective January 1, 2025.)


text: Any money deposited with a home by a member shall be credited with interest in compliance with applicable federal law and regulation, and shall be paid to the member or to their heirs, devisees, legatees, or the qualified executor or the administrator of their estate pursuant to Section 1037 or Section 1038.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 101. (SB 1097) Effective January 1, 2025.)


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

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 76. (SB 96) Effective June 27, 2017.)


citation: MVC § 1042

text: All accrued interest on money turned over to the administrator and retained by them under this chapter shall be accounted for by the home and deposited to the credit of the Morale, Welfare, and Recreation Fund and used for the common benefit of members.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 102. (SB 1097) Effective January 1, 2025.)


text: If any check is drawn upon any trust fund of a 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 of the check shall be turned over to the administrator and be deposited to the credit of the Morale, Welfare, and Recreation Fund and used for the common benefit of the members of the homes.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 78. (SB 96) Effective June 27, 2017.)


citation: MVC § 1043

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

history: (History: Amended by Stats. 2020, Ch. 61, Sec. 6. (AB 240) Effective January 1, 2021.)


citation: MVC § 1044

text: The secretary may adopt rules and regulations governing the admission of applicants and may prescribe the conditions upon which they may enter and remain with a home.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 80. (SB 96) Effective June 27, 2017.)


text:
(a) A member of a 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 member 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 member of the right to complain to the board or to the Secretary of Veterans Affairs. Each member 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 member and as a citizen. To this end, the member may voice grievances and recommend changes in policies and services to home staff, other members, and outside representatives of the member’s choice, free from restraint, interference, coercion, discrimination, or reprisal, including retaliatory eviction.

(b) An administrator may not retaliate against any member who exercises the right to voice grievances by evicting the member. There shall be a rebuttable presumption that any eviction within 45 days of the exercise by a member of the right to voice grievances is retaliatory. This presumption does not apply in favor of a member who has failed to pay maintenance fees unless the member pays the overdue fees.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 81. (SB 96) Effective June 27, 2017.)


citation: MVC § 1045

text: This chapter does not prevent the state from transferring the property and management of a home to the United States for a home of similar character.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 82. (SB 96) Effective June 27, 2017.)


citation: MVC § 1046

text:
(a) If it appears necessary or proper that a guardian or conservator of the estate of a member be appointed, the court, in its discretion, upon application of the administrator, or officer designated by the administrator, may appoint a home as guardian or conservator of the member’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, a 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) A 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 Morale, Welfare, and Recreation Fund.

(d) When acting as guardian or conservator of a member, a home 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.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 83. (SB 96) Effective June 27, 2017.)


citation: MVC § 1047

text:
(a) (1) The Veterans’ Home Morale, Welfare, and Recreation Special 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 department shall distribute moneys in the MWR Fund to the homes to provide for the general welfare of the members of the homes.

(3) For the purposes of this subdivision, providing for the general welfare of the members of a home includes, but is not limited to, operating a canteen, base exchange, 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.

(4) 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 Special Fund created by paragraph (1).

(5) All future moneys collected as a result of unreimbursed costs of care determinations are special state funds and shall be deposited in the MWR Fund.

(6) Each home shall establish an MWR Advisory Committee to provide ongoing guidance for the MWR Fund processes, including, but not limited to, budgeting, contracts, investments, expenditures, and revenues. The committee shall be comprised of the administrator or a representative and representatives of the Veterans’ Home Allied Council or resident council.

(7) On or before July 1, 2018, the department, in consultation with the MWR Advisory Committee in each home, the Veterans’ Home Allied Council, or the resident council at each home, shall adopt regulations that carry out the intent of this section, including, but not limited to, the administration of the MWR Fund and Morale, Welfare, and Recreation Operating Funds (MWRO Funds), the process by which the homes submit annual budgets and receive allocations, the process by which the secretary shall review and act upon the allocation requests and requests for augmentation of those allocations.

(8) Moneys deposited in the MWR Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code.

(b) (1) The department shall annually determine the amount for disbursement from the MWR Fund to the homes. This amount shall be disbursed proportionally by each home’s relative share of the total population of the entire veterans’ home system. All annual allocation requests and annual allocations, as well as any augmentations to those allocations, shall be made known to the members of the homes. In making allocation decisions, the department shall consider whether there are economies of scale or other savings which may be realized by aggregating home requests or otherwise while still meeting the intent of the homes’ requests.

(2) The secretary, in consultation with the administrator of the affected home, may augment the allocation from the MWR Fund to any veterans’ home after making a determination that this action is appropriate on the basis of factors including, but not limited to, the home’s unique age, size, population, and historical significance.

(c) Moneys in the MWR Fund shall not be expended for the following:

(1) A medical treatment or medical care of a member of a home.

(2) The maintenance or major capital improvement of the physical plant of a home.

(3) Any function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home.

(d) 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 MWR Fund for those described purposes.

(e) The department shall adopt, use, and require the homes to use uniform accounting procedures for the MWR Fund and the MWRO Funds subject to the department’s oversight and audit as needed. The department shall prepare an itemized report that is organized by category, including sufficient detail to allow legislative oversight, and accounts for all expenditures from, and all funds deposited into, the MWR Fund and the MWRO Funds for the previous fiscal year. The department shall submit the report on or before December 31, 2018, and annually on or before August 20 thereafter, 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 or the resident council of each home.

(5) The administrator of each home.

(f) The department shall maintain a reserve in the MWR Fund of not less than three million dollars ($3,000,000).

(g) 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 or may hire a third-party investment broker to invest moneys from the MWR Fund consistent with Section 16480.2 of the Government Code and any regulations regarding selecting prudent, approved investment types. The amount invested and the accrued interest or earnings shall be credited to the MWR Fund for allocation by the department.

(h) 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 and in conformity with applicable California law and regulations, including, but not limited to, the state procurement and contracting process.

history: (History: Repealed and added by Stats. 2016, Ch. 424, Sec. 3. (SB 543) Effective January 1, 2017.)


citation: MVC § 1048

text:
(a) A Morale, Welfare, and Recreation Operating Fund (MWRO Fund) shall be maintained by the administrator of each home to administer quality of life activities for the general welfare of the members, pursuant to the annual allocation, including any augmentation provided by the secretary, from the MWR Fund.

(b) The annual allocations from the MWR Fund, including any augmentations provided by the secretary, and any other quality of life moneys received shall be deposited in a local bank account established for this purpose.

(c) Moneys in the MWRO Fund shall not be expended for the following:

(1) Medical treatment or medical care for a member.

(2) The maintenance or major capital improvement of the Home’s physical plant.

(3) A function, operation, or activity that is not directly related to the morale, welfare, or recreation of the members of the home.

history: (History: Repealed and added by Stats. 2016, Ch. 424, Sec. 5. (SB 543) Effective January 1, 2017.)


citation: MVC § 1049

text:
(a) Moneys in the Morale, Welfare, and Recreation Fund maintained under subdivision (a) of Section 1047 may be used, subject to approval by the secretary, to establish or operate a canteen and base exchange at each home location. The canteen may sell goods at a profit.

(b) The MWRO Fund of each home shall include proceeds from the operation of a canteen, or base exchange. Any moneys derived from golf course green fees, range ball fees, and operations of activities unique to each Veterans’ Home of California shall be deposited in the MWRO Fund allocation for that home after appropriate state costs, fees, and rent are deducted from the revenue received for those operations.

history: (History: Amended by Stats. 2016, Ch. 424, Sec. 6. (SB 543) Effective January 1, 2017.)


citation: MVC § 1050

text:
Veterans’ Home Allied Councils, which are established pursuant to the constitution of the Allied Council, Veterans’ Home of California, for each home, and which are composed of members of each home, are hereby recognized as established advisory bodies to the administrator of each home. Each Veterans’ Home Allied Council may also represent members who reside at the 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:

(a) The council’s representation shall be approved by a majority of the voting members of the council.

(b) The council shall not engage in any campaign or endorse public candidates in connection with that representation.

(c) The council’s actions shall be in accordance with its constitution, bylaws, and policies and procedures.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 84. (SB 96) Effective June 27, 2017.)


citation: MVC § 1051

text:
(a) On or before January 1, 2019, the department shall create a transparent admissions and waiting list process for admission to the homes.

(b) On or before January 1, 2019, the department shall create a page on its internet website that does all of the following:

(1) Explains the application and waiting list process developed in subdivision (a), including an explanation of the process, laws, and regulations pertaining to admission, the wait list, and continuum of care.

(2) Allows online submission of applications.

(3) Provides a reasonable level of information to applicants about the projected wait time at each home for various levels of care, enhancing applicant’s ability to make long-term care planning decisions.

(4) Allows an applicant to check their current wait list status and overall application status.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 103. (SB 1097) Effective January 1, 2025.)


citation: MVC § 1052

text:
(a) The master plan for the overall operation of the veterans’ homes system mandated by Provision 4 of Item 8955-001-0001 of Section 2.00 of the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) shall, notwithstanding that provision, be prepared by the department no later than December 31, 2019, and shall be revised every five years thereafter.

(b) The master plan, in addition to the requirements of Provision 4 of Item 8955-001-0001, shall include consideration and discussion of all of the following elements:

(1) The locating of future facilities at or within the vicinity of United States Department of Veterans Affairs facilities.

(2) The locating of future facilities near existing veteran populations within the state or the use of smaller homes in a larger number of communities to allow veterans to age in place in their existing communities.

(3) Providing services through community-based care service delivery models.

(4) The closure of facilities.

(5) The expansion of existing facilities or conversion of existing facilities to provide different levels of service.

(6) The local area cost of living for employees at current and proposed facility locations.

history: (History: Added by Stats. 2018, Ch. 38, Sec. 3. (AB 1824) Effective June 27, 2018.)


citation: MVC § 1070

text:
For purposes of this chapter, the following definitions shall apply:

(a) “Department” means the Department of Veterans Affairs.

(b) “Home” means a veterans home located in Barstow, Chula Vista, Fresno, Lancaster, Redding, Ventura, West Los Angeles, or Yountville.

history: (History: Added by Stats. 2017, Ch. 509, Sec. 1. (AB 1365) Effective January 1, 2018.)

chapter: 1.5. Veterans Homes Planning Strategy

path: 5. VETERANS' INSTITUTIONS > 1.5. Veterans Homes Planning Strategy


citation: MVC § 1072

text:
(a) On or before February 1, 2019, the department shall submit to the Legislature and post in a prominent location on its Internet Web site in an accessible and searchable format a financial report that provides all of the following information regarding each home identified in subdivision (b) of Section 1070:

(1) The amount of state funds budgeted to and the amount of revenue collected from the home.

(2) The remaining amount of expected revenue from the home over a period of several years, as applicable.

(3) Aggregate costs of care per resident, segregated by level of care, for the home.

(4) Current maintenance costs of the home.

(5) Projected maintenance costs for the home.

(b) The department shall update the report required by subdivision (a) on or before February 1, 2020, and annually thereafter. The department shall submit to the Legislature and post on its Internet Web site each updated annual report in compliance with this chapter.


citation: MVC § 1074

text:
(a) The department periodically shall review the use of each home to determine the best continued, unrestricted use of the home. The department shall 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:

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

(2) Current needs of the regional veterans population.

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

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

(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.

history: (History: Amended by Stats. 2022, Ch. 137, Sec. 1. (SB 1435) Effective January 1, 2023.)


citation: MVC § 1075

text:
When the department reviews the use of each home to determine the best continued, unrestricted use of the home, pursuant to Section 1074, the department shall additionally assess all of the following:

(a) The need by residents of state veteran homes in accessing care at a Veterans Health Administration medical center.

(b) The need by nonresident veterans in the communities where state veteran homes are located in accessing care at a Veterans Health Administration medical center.

(c) The potential for the Veterans Health Administration to place satellite medical clinics on the state veteran home campuses to serve both residents of the veteran homes and nonresident veterans in the communities where state veteran homes are located. In making this assessment, the department shall meet and confer with officials of the United States Department of Veterans Affairs on the possibility of locating satellite clinics on state veteran home campuses.

(d) The potential for the Veterans Health Administration to place satellite medical clinics within a 30-minute drive of a state veteran home campus to serve both residents of the veteran homes and nonresident veterans in the communities where state veteran homes are located. In making this assessment, the department shall meet and confer with officials of the United States Department of Veterans Affairs on the possibility of locating satellite clinics within a 30-minute drive of a state veteran home campus.

history: (History: Added by Stats. 2022, Ch. 194, Sec. 1. (SB 1195) Effective January 1, 2023.)


citation: MVC § 1078

text: The department shall submit each report to the Legislature required by this chapter in compliance with Section 9795 of the Government Code.


citation: MVC § 1080

text: This chapter shall not be deemed to require or authorize the disclosure of personal or medical information otherwise prohibited or restricted from disclosure.


citation: MVC § 1100

text: This chapter shall be known, and may be cited, as the Veterans’ Homes Bond Act of 2000.

history: (History: Added by Stats. 1999, Ch. 728, Sec. 2. Approved in Proposition 16 at the March 7, 2000, election.)

chapter: 2. Veterans’ Homes Bond Act of 2000

article: 1. General Provisions

path: 5. VETERANS' INSTITUTIONS > 2. Veterans’ Homes Bond Act of 2000 > 1. General Provisions


citation: MVC § 1102

text:
As used in this chapter, the following terms have the following meaning:

(a) “Board” means the Department of Veterans Affairs designated in accordance with subdivision (b) of Section 1108.

(b) “Committee” means the Veterans’ Home Finance Committee created pursuant to subdivision (a) of Section 1108.

(c) “Fund” means the Veterans’ Home Fund created pursuant to Section 1103.

article: 1. General Provisions


citation: MVC § 1103

text: The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Veterans’ Home Fund, which is hereby created in the State Treasury.

article: 2. Veterans’ Homes

path: 5. VETERANS' INSTITUTIONS > 2. Veterans’ Homes Bond Act of 2000 > 2. Veterans’ Homes


citation: MVC § 1104

text:
(a) Upon appropriation by the Legislature, money in the fund shall be used by the Department of Veterans Affairs for the purpose of designing and constructing veterans’ homes in California and completing a comprehensive renovation of the Veterans’ Home at Yountville. Funding from this bond shall be allocated to fund the state’s matching requirement to construct or renovate those veterans’ homes in Section 1011 first, and then fund any additional homes established under this section. These homes shall be in addition to sites authorized under Section 1011.

(b) Notwithstanding any other provision of law, construction contracts awarded for veterans’ homes shall have a statewide participation goal of not less than 3 percent for disabled veteran business enterprises, as defined in subdivision (g) of Section 999.

article: 2. Veterans’ Homes


text:
(a) Notwithstanding Section 13340 of the Government Code, the moneys in the Veterans’ Home Fund established by Section 1103 are, subject to the limit set forth in subdivision (b), hereby continuously appropriated, without regard to fiscal years, to the Department of Veterans Affairs, subject to the approval of the Department of Finance, for the funding of the state’s matching requirement for the design, equipping, and construction of all of the following:

(1) The Veterans’ Home of California, Lancaster, as described in paragraph (4) of subdivision (b) of Section 1011.

(2) The Veterans’ Home of California, Saticoy, as described in paragraph (5) of subdivision (b) of Section 1011.

(3) The Veterans’ Home of California, West Los Angeles, as provided for in subdivision (a) of Section 1104.

(b) The total amount appropriated in accordance with subdivision (a) may not exceed the sum of thirty-one million dollars ($31,000,000).

(c) The homes specified in subdivision (a) may care for veterans with substance abuse disorders.

(d) Notwithstanding Section 13340 of the Government Code, in addition to the funds appropriated pursuant to this section, the federal matching funds available pursuant to the State Veterans’ Home Assistance Improvement Act of 1977 (38 U.S.C. Sec. 8131 et seq.) are hereby continuously appropriated, without regard to fiscal years, to the Department of Veterans Affairs, subject to the approval of the Department of Finance, for the purpose of design, equipping, construction, renovation of, or expansion or repayment of any loan related to the projects specified in this section.

(e) Subject to approval of the Department of Finance, the Department of Veterans Affairs may expend state funds pursuant to this section for the design of projects specified in this section in anticipation of the receipt of federal matching funds.

history: (History: Amended by Stats. 2004, Ch. 237, Sec. 3. Effective August 16, 2004.)

article: 2. Veterans’ Homes


text:
(a) Notwithstanding Section 13340 of the Government Code, an amount, not to exceed the sum of fifteen million dollars ($15,000,000), is hereby continuously appropriated, without regard to fiscal years, from the Veterans’ Home Fund to the Department of Veterans Affairs, subject to the approval of the Department of Finance, for the state’s matching share for the design, construction, equipping, and renovation of the Veterans’ Home of California, Yountville, as described in Section 1011.

(b) Excluding any funds required to pay for costs associated with issuing and administering general obligation bonds, any remaining general obligation bond funds available in the Veterans’ Home Fund created under Section 1103 after funding the design, construction, equipping, expansion, or renovation of the Lancaster, Saticoy, West Los Angeles, or Yountville veterans homes, as specified in Section 1104.1 and subdivision (a), and projects funded through any Budget Act, are, notwithstanding Section 13340 of the Government Code, hereby continuously appropriated without regard to fiscal years to the Department of Veterans Affairs, subject to the approval of the Department of Finance, to fund the state’s matching share for renovations, design, construction, and equipping at Yountville consistent with the purposes established in subdivision (a) of Section 1104.

(c) Notwithstanding Section 13340 of the Government Code, in addition to the funds appropriated pursuant to this section, the federal matching funds available pursuant to the State Veterans’ Home Assistance Improvement Act of 1977 (38 U.S.C. Sec. 8131 et seq.), are hereby continuously appropriated, without regard to fiscal years, to the Department of Veterans Affairs, subject to the approval of the Department of Finance, for the purpose of design, construction, equipping, renovation of, or expansion or repayment of any loan related to, the projects specified in this section.

(d) Subject to approval of the Department of Finance, the Department of Veterans Affairs may expend state funds pursuant to this section for the design of projects specified in this section in anticipation of the receipt of federal matching funds.

(e) The Department of Veterans Affairs shall prepare and submit a report to the Legislature and Governor semiannually, beginning on March 1, 2005, on the progress of the acquisition, design, equipping, construction, establishment, and expansion of the veterans’ homes specified in Section 15819.60 of the Government Code, including updated cost estimates and a synopsis on the efficacy of the design-build procurement process.

history: (History: Amended by Stats. 2005, Ch. 460, Sec. 2. Effective January 1, 2006.)

article: 2. Veterans’ Homes


citation: MVC § 1105

text: The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State Treasury to the credit of the Veterans’ Home Fund, created by Section 1103.

article: 3. Fiscal Provisions

path: 5. VETERANS' INSTITUTIONS > 2. Veterans’ Homes Bond Act of 2000 > 3. Fiscal Provisions


citation: MVC § 1106

text: Bonds in the total amount of fifty million dollars ($50,000,000), not including the amount of any refunding bonds issued in accordance with Section 1130, or as much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used and sold for carrying out the purposes of Section 1104 and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and shall constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal of, and interest on, the bonds as the principal and interest become due and payable.

article: 3. Fiscal Provisions


citation: MVC § 1107

text: The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter.

article: 3. Fiscal Provisions


citation: MVC § 1108

text:
(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Veterans’ Home Finance Committee is hereby created. For purposes of this chapter, the Veterans’ Home Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, and the Secretary of Veterans Affairs, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee.

(b) For purposes of the State General Obligation Bond Law, the Department of Veterans Affairs is designated the “board.”

article: 3. Fiscal Provisions


citation: MVC § 1109

text: The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.

article: 3. Fiscal Provisions


citation: MVC § 1110

text: There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.

article: 3. Fiscal Provisions


citation: MVC § 1111

text:
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following:

(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable.

(b) The sum necessary to carry out Section 1112 appropriated without regard to fiscal years.

article: 3. Fiscal Provisions


citation: MVC § 1112

text: The Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this chapter.

article: 3. Fiscal Provisions


citation: MVC § 1113

text: The Department of Veterans Affairs may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the Government Code for the purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The department shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the department in accordance with this chapter.

article: 3. Fiscal Provisions


citation: MVC § 1114

text: All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.

article: 3. Fiscal Provisions


citation: MVC § 1115

text: The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds.

article: 3. Fiscal Provisions


citation: MVC § 1116

text: Notwithstanding any provision of this chapter or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.

article: 3. Fiscal Provisions


citation: MVC § 1117

text: The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIIIB of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.

article: 3. Fiscal Provisions


citation: MVC § 1120

text: Any county may provide and maintain a home for veteran soldiers, sailors, airmen, guardians, and marines who have served the United States honorably in any of its wars.

history: (History: Amended by Stats. 2022, Ch. 379, Sec. 17. (AB 1715) Effective January 1, 2023.)

chapter: 3. County Institutions

path: 5. VETERANS' INSTITUTIONS > 3. County Institutions


citation: MVC § 1121

text:
For the purposes of this chapter the board of supervisors of any county may:

(a) Purchase, receive by donation, condemn, lease, or otherwise acquire real and personal property necessary for such home, and improve, preserve, manage, and control the same.

(b) Purchase, construct, lease, furnish, and repair buildings for such home and provide the necessary custodians, employees, attendants, and supplies for its proper maintenance.

(c) Levy a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, and spend the proceeds for the purposes of this chapter.

(d) Establish a fund for the purposes of this chapter, and transfer from the general fund to such fund such moneys as the board deems necessary.

(e) Incur, in the manner provided by law, a bonded indebtedness on behalf of the county for any of the purposes of this chapter.

(f) Join with any incorporated city in the county in the accomplishment of the purposes of this chapter and to that end hold jointly with such city all property acquired, and expend money in conjunction with such city.

history: (History: Amended by Stats. 2009, Ch. 332, Sec. 77. (SB 113) Effective January 1, 2010.)


citation: MVC § 1170

text:
As used in this chapter, unless the context otherwise indicates:

(a) “District” means a memorial district organized under the provisions of this chapter.

(b) “Board” means the board of directors of a memorial district.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 69. Effective January 1, 2003.)

chapter: 1. Memorial Districts

article: 1. Formation

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 1. Formation


citation: MVC § 1171

text: A memorial district may be established, maintained, governed, supported, and operated in the manner and for the purposes herein provided, and may exercise the powers and jurisdiction herein expressly granted or necessarily implied.

history: (History: Amended by Stats. 1945, Ch. 600.)

division: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES

article: 1. Formation


citation: MVC § 1172

text: No district shall include territory not wholly in the same county. A district may include any incorporated territory of the county together with any contiguous unincorporated territory thereof, or may be formed entirely of contiguous incorporated territory or entirely of contiguous unincorporated territory.

history: (History: Enacted by Stats. 1935, Ch. 389.)

article: 1. Formation


citation: MVC § 1173

text: By petition filed with the county clerk, registered electors residing within the boundaries of a proposed district, equal in number to at least eight per cent of the number of votes cast in the proposed district for the office of Governor at the last general election at which a Governor was elected, may propose the formation of a district. If both incorporated and unincorporated territory are included within the proposed district, the petition shall be signed by registered electors equal in number in each territory to at least eight per cent of the votes so cast therein for Governor.

article: 1. Formation


citation: MVC § 1174

text:
The petition shall be addressed to the board of supervisors of the county within which the proposed district is situated, shall be signed by the number of qualified registered voters specified in section 1173, and shall propose and set forth:

(a) The formation of a district under this chapter.

(b) The calling by the board of supervisors of a special election to vote upon the question whether the proposed district shall be formed and to elect the first board of directors of the district.

(c) The name of the proposed district, as “____ memorial district.”

(d) An accurate description of the boundaries of the proposed district specifying what portion of the territory is incorporated territory and what portion unincorporated territory.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 70. Effective January 1, 2003.)

article: 1. Formation


citation: MVC § 1175

text: The petition may be filed in sections, each of which shall fully comply with all of the requirements for a petition, except that each section need not contain the total number of signatures required for a petition.

article: 1. Formation


citation: MVC § 1176

text: Within 30 days after the filing of the petition the county elections official shall find and certify whether the petition is signed by the requisite number of qualified registered voters of the proposed district and of the incorporated and unincorporated portions thereof and shall present the petition with the certificate of their findings attached thereto to the board of supervisors at its first regular meeting held 10 days from the date of certification of the petition. The board shall fix a time and place for the hearing of the petition not less than 20 days nor more than 40 days after the date of the meeting, and shall direct the clerk of the board to publish a notice once a week for three successive weeks in a newspaper circulated in the territory that it is proposed to organize into a district, and that the board deems most likely to give notice to the inhabitants of the territory.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 104. (SB 1097) Effective January 1, 2025.)

article: 1. Formation


citation: MVC § 1177

text: If the petition and certificate is presented to the board of supervisors at a regular meeting the board at that meeting shall ascertain whether the petition in all respects complies with the requirements therefor, except that the certificate shall be conclusive evidence of the sufficiency of the signatures to the petition.

article: 1. Formation


text: The notice required in Section 1176 shall state the fact that the board has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of the formation of a memorial district. The notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a district.

history: (History: Added by Stats. 1959, Ch. 909.)

article: 1. Formation


text: At any time prior to the time fixed for a hearing of the matter, any person interested may file with the clerk of the board written objections to the formation of the district. At the time and place fixed for the hearing or at any time to which the hearing may be continued, the board of supervisors shall consider and pass on all objections to the creation of a district, or to the inclusion of any territory in the district. At the hearing, the board of supervisors may exclude any territory that in the opinion of the board would not be benefited by inclusion in the district.

article: 1. Formation


citation: MVC § 1178

text: At the conclusion of the hearing, the board of supervisors shall either adopt an order abandoning the creation of the proposed district or shall by resolution call a special election to vote upon the question of formation of the proposed district and to elect the members of the first board of directors thereof.

history: (History: Amended by Stats. 1959, Ch. 909.)

article: 1. Formation


text: Sample ballots shall be printed and mailed, together with a synopsis of the provisions of Chapter 1 (commencing at Section 1170) of Division 6, to each registered voter in the proposed district.

history: (History: Added by Stats. 1959, Ch. 893.)

article: 1. Formation


citation: MVC § 1179

text: The special election shall be held upon a date not later than the 130th day after the meeting of the board at which the petition was presented. At the special election, the proposition submitted shall be “Shall the proposed ____ memorial district be formed?” There shall be elected at the same election a board of directors consisting of five members.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 72. Effective January 1, 2003.)

article: 1. Formation


citation: MVC § 1180

text: The special election shall be called, noticed, held, and conducted, election officers appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, oaths of office administered, and all other proceedings incidental to and connected with the election shall be regulated and done, in accordance with the provisions of law regulating elections conducted pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 73. Effective January 1, 2003.)

article: 1. Formation


text:
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election.

The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation.

The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.

The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.

history: (History: Added by Stats. 1970, Ch. 736.)

article: 1. Formation


text:
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.

Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.

article: 1. Formation


text:
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters.

In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:

(a) The board of supervisors or any member or members of the board authorized by the board.

(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.

article: 1. Formation


text:
The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question.

The ballot pamphlet shall contain the following, in the order prescribed:

(a) The complete text of the proposition.

(b) The impartial analysis of the proposition, prepared by the local agency formation commission.

(c) The argument for the proposed district formation.

(d) The argument against the proposed district formation.

The elections officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 157. Effective January 1, 1995.)

article: 1. Formation


citation: MVC § 1181

text: For the purposes of this chapter the board of supervisors and the county elections official, respectively, shall have all the powers and duties that boards of trustees and city clerks have under Section 1180 and the terms “city,” “municipal election,” “board of trustees,” and “city clerk,” shall mean “proposed memorial district,” “proposed memorial district election,” “board of supervisors,” and “county clerk.”

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 74. Effective January 1, 2003.)

article: 1. Formation


citation: MVC § 1182

text: If a majority of the votes cast at the special election are in favor of formation of the district, the county elections official shall, within ten days after the board of supervisors has declared the result thereof, record in the office of the county recorder a complete certified copy of the statement of results entered on the minutes of the board of supervisors in accordance with Section 1180, together with a complete certified copy of the petition for formation of the district, except that the signatures on the petition need not be certified and recorded.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 75. Effective January 1, 2003.)

article: 1. Formation


citation: MVC § 1183

text: Such certified copies when recorded shall, after sixty days from the date of the special election, be conclusive evidence against all persons, firms, associations and corporations, except the State, of the regular and sufficient formation of the district and establishment of the boundaries thereof as set forth in the petition and of the validity of all proceedings preliminary to the formation and establishment of the district.

article: 1. Formation


citation: MVC § 1185

text: A district may be formed in the manner prescribed by this article that is within an existing memorial district, if, in addition to the petition required by Section 1173, there is filed with the county elections official a verified copy of a resolution by the board of the existing district consenting to the formation of the new district.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 76. Effective January 1, 2003.)

article: 1. Formation


citation: MVC § 1190

text:
Every district shall be a public corporation, have perpetual succession, and may:

(a) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction.

(b) Adopt a seal and alter it at pleasure.

(c) Call upon the district attorney for legal advice and assistance in all matters concerning the district.

(d) Make contracts, employ labor, and do all acts necessary or convenient for the full exercise of any of the powers of the district.

article: 2. Management

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 2. Management


text: A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.

history: (History: Added by Stats. 2005, Ch. 158, Sec. 26. Effective January 1, 2006.)

article: 2. Management