Chapter 2 - Department of Veterans Affairs

California Military and Veterans Code — §§ 60-91

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Sections (42)

Added by Stats. 1946, 1st Ex. Sess., Ch. 114.

As used in this chapter, “department” means the Department of Veterans Affairs.

Added by Stats. 1946, 1st Ex. Sess., Ch. 114.

As used in this chapter, “board” means the California Veterans Board.

Amended by Stats. 1995, Ch. 261, Sec. 2. Effective January 1, 1996.

As used in this code, “secretary” means the Secretary of Veterans Affairs.

Amended by Stats. 1994, Ch. 238, Sec. 2. Effective July 20, 1994.

There is in the state government a Department of Veterans Affairs.

Amended by Stats. 2010, Ch. 183, Sec. 1. (SB 1387) Effective January 1, 2011.

There shall be a California Veterans Board.

Amended by Stats. 2000, Ch. 219, Sec. 1. Effective January 1, 2001.

The California Veterans Board shall consist of seven members who shall be appointed by the Governor subject to the confirmation of the Senate.

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

All members of the board shall be veterans as “veteran” is defined in Section 18540.4 of the Government Code. One of these members shall also be retired from the active or reserve forces of the United States military service. One of these members shall also be a resident of a California veterans home. This subdivision shall not be construed to prohibit a member of the board who does not meet this requirement from serving the remainder of their term.

Amended by Stats. 2024, Ch. 129, Sec. 2. (SB 1097) Effective January 1, 2025.

(a)Every member of the board shall be a member in good standing with a congressionally chartered veteran service organization.
(b)One member of the board shall have substantial training, professional knowledge, or experience in the issues faced by female veterans which may include, but are not limited to, the following issues:
(1)Combat-related disorders.
(2)Sexual trauma.
(3)Homelessness.
(c)This section does not prohibit

any member of the board from serving the remainder of their term.

Amended by Stats. 2010, Ch. 183, Sec. 3. (SB 1387) Effective January 1, 2011.

(a)Of the members as appointed, except as provided in subdivision (b), one shall be appointed for a term expiring January 15, 1947, two for terms expiring January 15, 1948, two for terms expiring January 15, 1949, and two for terms expiring January 15, 1950. Subsequent appointments shall be for terms of four years.
(b)The member of the board who is a resident of a California veterans home shall be appointed for a term expiring January 15 of an odd-numbered year. Subsequent appointments shall be made on a rotational basis based on the age of the home, beginning with the oldest veterans home with independent living.
(c)Vacancies shall be immediately filled by the Governor for the unexpired portion of the terms in which they occur.

Amended by Stats. 1981, Ch. 305, Sec. 1.

Each member of the board shall receive, for each day’s attendance at each meeting of the board, a per diem of fifty dollars ($50) and shall receive the same per diem for each day spent on official duties assigned by the board. In addition, each member shall be reimbursed for his necessary traveling and other expenses incurred in the performance of his official duties.

Amended by Stats. 1993, Ch. 138, Sec. 3. Effective January 1, 1994.

(a)The board shall hold meetings at times and at places as shall be determined by it.
(b)Special meetings may be called at any time by the chairperson or by the executive officer at the request of any four members, upon notice specifying the matters to be acted upon at the meeting, but no other matters shall be acted upon at these special meetings which were not so noticed.

Added by Stats. 2001, Ch. 220, Sec. 2. Effective August 31, 2001.

In the budget submitted by the department pursuant to Section 13320 of the Government Code, the board shall have its budget separately stated. Those funds allocated for the board shall be used solely as determined by the members of the board, for the board’s operation and other necessary purposes as the board may determine.

Added by Stats. 2008, Ch. 751, Sec. 62. Effective September 30, 2008.

(a)On or before January 10, 2009, and on or before January 10 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with a fiscal estimate package containing the anticipated budget year costs of carrying out the current year’s level of service as authorized by the Legislature for the state veterans homes.
(b)(1) The fiscal estimate package shall include, but not be limited to, the following information, which shall be provided for each veterans home:

(A) An annual resident census by level of care.

(B) An annual position summary by level of care and nonlevel of care.

(C) Operating and equipment expenses, including, but not limited to, the following:

(i)Cost adjustments specific to the adjustment in the number of residents by level of care.

(ii) Any staff adjustments, whether level of care or nonlevel of care.

(D) A fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund.

(2)Each fiscal estimate package shall include, in addition to the information provided pursuant to paragraph (1), a description of the assumptions and methodologies used for calculating the resident level of care factors, all staffing costs, and operating and equipment expenses. Fiscal bridge charts shall be included that display the year-to-year changes in funding levels by funding source.
(3)The department may provide any additional information as deemed appropriate to provide a comprehensive fiscal perspective to the Legislature for the analysis and deliberations for purposes of appropriation.
(c)On or before May 15, 2009, and on or before May 15 of each year thereafter, the department shall provide the fiscal committees of both houses of the Legislature with an updated fiscal estimate package that shall include, but is not limited to, an updated fiscal display of any moneys budgeted by the department as revenues or recoveries to the General Fund and updated fiscal bridge charts that display the year-to-year changes in funding levels by funding source.

Amended by Stats. 2024, Ch. 129, Sec. 3. (SB 1097) Effective January 1, 2025.

(a)The Department of Veterans Affairs succeeds to, and is vested with, the duties, powers, purposes, responsibilities, and jurisdiction of the Department of Military and Veterans’ Affairs, the Division of Veterans’ Welfare, the Veterans’ Welfare Board, the California Veterans’ Commission, the Division of Veterans’ Homes, the Board of Directors of the Veterans’ Home of California, and the Board of Directors of the Woman’s Relief Corps Home of California and of the officers and employees of that department, those divisions and boards, and that commission, except that the Secretary of Veterans Affairs, in lieu of the Director of Military and Veterans’ Affairs, is a member of the Governor’s cabinet and, in lieu

of the chair of the Veterans’ Welfare Board, is a member of each and every veterans’ finance committee of which the chair until now has been a member.

(b)(1) There is hereby created the California Veterans Memorial Registry Fund, for the deposit of financial contributions made for the support of the Veterans Registry, which is part of the California Veterans Memorial. Notwithstanding Section 13340 of the Government Code and without regard to fiscal years, the money in the fund is hereby continuously appropriated to the department for the purpose of defraying the costs of data entry and system management for the Veterans Registry and the reasonable costs that are incurred by the department for administering the fund.
(2)In order to be eligible for inclusion in the

Veterans Registry, a person must have served in the active military of the United States, received a discharge under honorable conditions, and resided in California at some time before, during, or after

their military service. Failure to meet this eligibility requirement constitutes good cause for removal of the person’s name from the Veterans Registry.

Amended by Stats. 2001, Ch. 220, Sec. 3. Effective August 31, 2001.

(a)The members of the board shall select one of their members to serve as chairperson, who shall hold office as chairperson at the pleasure of the board.
(b)The chairperson of the board, with the concurrence of a majority of the members of the board, shall appoint an executive officer, who shall attend all meetings of the board, keep a full and true record of all its proceedings, preserve at its general office all its books, documents, and papers, and perform other duties that the board may prescribe.
(c)The department shall provide the board with adequate office and meeting space at no cost to the board. This space shall be easily accessible to disabled veterans.

Amended by Stats. 2013, Ch. 692, Sec. 4. (AB 717) Effective January 1, 2014.

The California Veterans Board shall advise the department and secretary on policies for operations of the department. The department shall respond to all proposed policy changes offered by the California Veterans Board prior to the next scheduled meeting of the board.

Added by Stats. 1946, 1st Ex. Sess., Ch. 114.

The California Veterans Board may create advisory committees consisting of veterans to advise the board in specific fields under or relating to the jurisdiction of the board. The board shall appoint the members thereof and they shall serve at its pleasure. The board shall also designate the chairman and vice chairman therof. The committees shall be under the direction of the board and shall be wholly advisory in character and shall not be delegated any administrative authority or responsibility. Members of such committees shall not receive compensation from the State for their services, but when called into conference or session by the board shall be reimbursed for their actual and necessary expenses incurred in connection with such conferences or sessions, and for purposes of such reimbursement shall be deemed to be nonsalaried commission members.

Added by Stats. 2013, Ch. 692, Sec. 5. (AB 717) Effective January 1, 2014.

The secretary and the board shall each seek to confer with the California State Commanders Veterans Council at least twice per calendar year on issues affecting California veterans.

Amended by Stats. 2024, Ch. 129, Sec. 4. (SB 1097) Effective January 1, 2025.

(a)Any state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee of any state department, board, or authority for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state shall be disciplined by adverse action as provided in Section 19572 of the Government Code. If an adverse action is not instituted by the appointing power, the State Personnel Board shall take adverse action in the same manner as provided in Section 19583.5 of the Government Code.
(b)In addition to all other

causes of action, penalties, or other remedies provided by law, a state officer or employee who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee for having disclosed what the employee, in good faith, believed to be improper activities regarding veterans programs that are supported by the state shall be liable in an action for damages brought against them

by the injured party. Punitive damages may be awarded by the court if the acts of the offending party are proven to be malicious. If liability has been established, the injured party also shall be entitled to reasonable attorney’s fees as provided by law.

Amended by Stats. 2004, Ch. 218, Sec. 3. Effective January 1, 2005.

The board shall have access to all documents and employees of the department.

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