CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

97

CHAPTER 141

Statutes of 2024

[ Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024. ]

Introduced by Committee on Military and Veterans Affairs (Senators Archuleta (Chair), Alvarado-Gil, Grove, Menjivar, and Umberg)

March 21, 2024

An act to repeal and add Section 1032 of the Military and Veterans Code, relating to veterans.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides for the establishment and operation of veterans’ homes at various sites and provides for an administrator of each home, as specified. Existing law establishes the duties of the Department of Veterans Affairs with regard to the establishment and regulation of veterans’ homes. Existing law requires the department to fix a schedule of wages for members who are employed at a home, subject to the approval of the Director of Finance.

This bill would instead authorize the department to fix a schedule of stipends for members who volunteer to support veterans home operations, as specified, subject to the availability of funding and approval of the Director of Finance.

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

SECTION 1.

Section 1032 of the Military and Veterans Code is repealed.

SEC. 2.

Section 1032 is added to the Military and Veterans Code, to read:

1032.

(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.