Military and Veterans Code
Part 5 of 7 · provisions 801–1,000
This section says the act is called the Military and Veterans Code.
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This chapter may be cited as the Veterans’ Revenue Debenture Act of 1970. This section defines key terms used in Chapter 7. This section creates the Veterans’ Debenture Finance Committee, names its members, says they serve without compensation, and allows a majority to act for the committee. The department may issue debentures, but only within a $500 million aggregate limit and with approval from the Veterans’ Debenture Finance Committee. If the department decides debentures should be issued, it must adopt and submit a resolution of issuance for committee review, and after approval the State Treasurer must prepare the authorized debentures.
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Provisions of Military and Veterans Code
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- 73.4. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The secretary and the board must each confer with the California State Commanders Veterans Council at least twice per calendar year about issues affecting California veterans.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 73.4. 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. (Added by Stats. 2013, Ch. 692, Sec. 5. (AB 717) Effective January 1, 2014.) - 73.7. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
State officers or employees who retaliate against an employee for good-faith disclosure of improper veterans-program activities can face adverse action, damages liability, and possibly punitive damages; the injured party may recover reasonable attorney’s fees if liability is established.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 73.7. (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. 2024, Ch. 129, Sec. 4. (SB 1097) Effective January 1, 2025.) - 73.8. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The board may access all documents and employees of the department.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 73.8. The board shall have access to all documents and employees of the department. (Amended by Stats. 2004, Ch. 218, Sec. 3. Effective January 1, 2005.) - 74. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
This section says the Department of Veterans Affairs’ chief administrative officer is the Secretary of Veterans Affairs, and that the Secretary must be a veteran and a civil executive officer.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 74. (a) The chief administrative officer of the Department of Veterans Affairs shall be the Secretary of Veterans Affairs who shall be a civil executive officer. (b) The Secretary of Veterans Affairs shall be a veteran as “veteran” is defined in Section 18540.4 of the Government Code. (c) Whenever the term “Director of Veterans Affairs” or “director” appears in this code, it shall mean the Secretary of Veterans Affairs. (Amended by Stats. 1995, Ch. 261, Sec. 3. Effective January 1, 1996.) - 75. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The secretary is appointed by the Governor and serves at the Governor’s pleasure.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 75. The secretary shall be appointed by and serve at the pleasure of the Governor. (Amended by Stats. 2002, Ch. 465, Sec. 1. Effective January 1, 2003.) - 76. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The secretary’s annual salary is set by a cross-reference to Government Code Chapter 6.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 76. The annual salary of the secretary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2002, Ch. 465, Sec. 2. Effective January 1, 2003.) - 78. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The Secretary of Veterans Affairs heads the department and must carry out the department’s legal duties and powers, subject to board policies.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 78. (a) The Secretary of Veterans Affairs is head of the department and, as head of the department and subject to the policies adopted by the board, shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities and carry out and effect all provisions now or hereafter vested by law in the department. (b) The secretary may designate a deputy, employee, or other official in the department to act for them and to represent them at meetings. (c) The secretary may delegate to one or more of their designees, or to any other official or employee of the department, any powers and duties that they may deem proper, including, but not limited to, the power to enter into contracts, and authorize and sign any and all documents necessary for effectuating the sale of bonds. (Amended by Stats. 2021, Ch. 549, Sec. 1. (SB 661) Effective January 1, 2022.) - 78.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The secretary must conduct audits of the department’s internal controls and provide them to the inspector general, as required by Government Code Section 13402.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 78.5. The secretary shall conduct audits as required by Section 13402 of the Government Code, on internal controls of the department, that shall be provided to the inspector general. (Added by Stats. 2002, Ch. 977, Sec. 3. Effective September 27, 2002.) - 79. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
An Undersecretary of Veterans Affairs is established as a civil executive officer, and the secretary appoints the office holder and sets the salary under law.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 79. There shall be an Undersecretary of Veterans Affairs, who shall be a civil executive officer. The holder of this position shall be appointed and their salary shall be established by the secretary pursuant to law. (Amended by Stats. 2024, Ch. 129, Sec. 5. (SB 1097) Effective January 1, 2025.) - 79.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The secretary must appoint two deputy secretaries: one for Women Veterans Affairs and one for Minority and Underrepresented Veterans Affairs.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 79.1. In addition to the Undersecretary of Veterans Affairs, there shall be within the department, and the secretary shall appoint, both of the following: (a) A Deputy Secretary of Women Veterans Affairs, who shall have responsibility over the administration of women veterans affairs. (b) A Deputy Secretary of Minority and Underrepresented Veterans Affairs, who shall have responsibility over the administration of minority and underrepresented veterans affairs. (Amended by Stats. 2024, Ch. 221, Sec. 1. (AB 1994) Effective January 1, 2025.) - 79.2. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The Governor must appoint a Deputy Secretary of Veterans Homes, who is responsible for administering California veterans homes and overseeing residents’ medical care.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 79.2. (a) In addition to the secretary, the Governor shall appoint a Deputy Secretary of Veterans Homes, to serve at the pleasure of the secretary, who shall be responsible for the administration of all sites of the California veterans homes. (b) It is preferable that the deputy secretary is a medical doctor who holds a valid, unrevoked, and unsuspended license to practice medicine in this state, or is a professionally trained hospital administrator with (1) experience in managing a multihospital organization and (2) training or experience in the care of the elderly. (c) The role of the deputy secretary shall be to oversee and monitor all aspects of medical care that is being provided to men and women veterans who are residents in any California veterans home. (Added by Stats. 1999, Ch. 511, Sec. 1. Effective January 1, 2000.) - 79.3. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The department may make, change, or отмен revoke regulations for the Veterans’ Home of California, and may also use emergency regulations in certain cases.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 79.3. (a) Notwithstanding any other law, the department may adopt, amend, or repeal regulations concerning the administration and operation of the Veterans’ Home of California. Except as otherwise provided, these regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) The department may adopt, amend, and repeal emergency regulations concerning the administration and operation of the Veterans’ Home of California in compliance with Section 11346.1 of the Government Code. However, if special circumstances, as defined in subdivision (c), are present, then those regulations shall not be subject to the requirements regarding findings of emergency in paragraph (2) of subdivision (b) of Section 11346.1 of the Government Code. The emergency regulations adopted pursuant to this subdivision shall remain in effect for one year, or until the effective date of regulations adopted pursuant to subdivision (a), whichever is earlier. (c) Special circumstances shall be deemed to exist if the Secretary of Veterans Affairs states in writing to the Office of Administrative Law and the Department of Finance that the adoption, amendment, or repeal is necessary for one or more of the following reasons: (1) The possible loss or delay in the receipt of federal, state, or local funding. (2) The need to maintain licensing or certification by a state or federal agency for any Veterans’ Home of California facility or program. (3) The need to protect against a serious and immediate threat to the health or safety of residents or staff in one or more of the facilities of the Veterans’ Home of California. (4) The urgent need to comply immediately with recommendations of the Department of Finance or the California State Auditor. (Added by Stats. 2017, Ch. 28, Sec. 37. (SB 96) Effective June 27, 2017.) - 79.4. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The department must meet specified licensing, certification, approval, clinical policy, fire safety, and environmental protection requirements for veterans’ homes, and it may adopt regulations to implement the section.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 79.4. (a) The department shall do all of the following concerning the operation and administration of the veterans’ homes: (1) Take the necessary steps to ensure that all medical or other facilities under its jurisdiction satisfy all applicable federal and state and local licensing, certification, and other approval requirements, including, but not limited to, the requirements of the United States Department of Veterans Affairs, the federal Centers for Medicare and Medicaid Services, the State Department of Public Health, the State Department of Social Services, and the California State Board of Pharmacy, including preparation of plans of correction as required. (2) Develop and maintain clinical policies and procedures, including all of the following: (A) Community standards for best clinical practices, including, but not limited to, practices recommended by the federal Centers for Disease Control and Prevention and the federal Centers for Medicare and Medicaid Services. (B) The appropriate clinical standard of practice. (C) Adopt fire and life safety policies and procedures consistent with the requirements of the State Fire Marshal and other applicable regulatory and licensing agencies. (D) Adopt earthquake and environmental protection policies and procedures. (b) The department may adopt regulations to implement this section. The adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2017, Ch. 28, Sec. 38. (SB 96) Effective June 27, 2017.) - 8. Verify source ↗
## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )
This section defines “writing” and says required notices, reports, statements, or records must be in writing in English unless another rule expressly says otherwise.
## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing in the English language unless it is otherwise expressly provided. (Enacted by Stats. 1935, Ch. 389.) - 80. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The director may hire needed staff, is the sole appointing authority for department positions, and should give veterans hiring preference whenever possible.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 80. The director may employ subject to law such expert, technical, legal, clerical, and other employees as may be necessary to carry out his powers and duties and except as expressly otherwise provided in Section 71 of this chapter, the director shall be the sole appointing authority for the department for all positions. Whenever possible preference shall be given to veterans for employment in the department. (Amended by Stats. 1947, Ch. 292.) - 800. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A reservist called to active duty may defer certain payments, but must provide a written request and military orders; the employer may have to provide income verification on request, and lenders must extend deferred terms in some cases.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 800. (a) Subject to subdivision (b), in addition to any other benefits provided by law and to the extent permitted by federal law, a reservist who is called to active duty may defer payments on any of the following obligations while serving on active duty, or following a period of active duty: (1) An obligation secured by a mortgage or deed of trust. (2) Credit card as defined in Section 1747.02 of the Civil Code. (3) Retail installment contract as defined in Section 1802.6 of the Civil Code. (4) Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. (5) (A) Up to two vehicle loans. (B) For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code. (6) A payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. (7) An obligation owed to a utility company. (8) A student loan. (b) (1) In order for an obligation or liability of a reservist to be subject to the provisions of this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following: (A) (i) A written request by or on behalf of the reservist for a deferment of financial obligations. (ii) For purposes of this subparagraph, “written request” includes an electronic communication. (B) A copy of the reservist’s military orders. (2) If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. (c) Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. (d) (1) The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days. The deferral shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period. (2) A request for deferral shall be submitted no later than 90 days following the period of active duty on which the deferral is based. (e) If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred. However, any mortgage payments deferred pursuant to this section are due and payable upon the sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan, other than a deferral of payments under this section. (f) If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral. (g) The deferment of payments on an obligation does not limit the ability of the reservist or any other person to make payments on the obligation. (Amended by Stats. 2024, Ch. 144, Sec. 1. (AB 1854) Effective January 1, 2025.) - 801. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
This section defines “mortgage” for this chapter as a debt secured by a mortgage or deed of trust, but only for the reservist’s residential property used as the reservist’s primary home when ordered into active duty.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 801. For purposes of this chapter, “mortgage” means an obligation secured by a mortgage or deed of trust, and is limited to an obligation secured by a mortgage or deed of trust for residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered into active duty. (Repealed and added by Stats. 2005, Ch. 291, Sec. 2. Effective January 1, 2006.) - 802. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A reservist with a mortgage in an impound account must keep making monthly payments high enough to cover property taxes, special assessments, mortgage insurance, and hazard insurance, unless the borrower and lender agree on a lower amount.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 802. Nothing in this chapter relieves a reservist with a mortgage subject to an impound account for the payment of property taxes, special assessments, mortgage insurance, and hazard insurance from making monthly payments of an amount which is at least sufficient to pay these amounts, unless the borrower and lender agree to a lesser amount. (Amended by Stats. 2022, Ch. 620, Sec. 9. (SB 1311) Effective January 1, 2023.) - 803. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
This section defines “Reservist,” “Military orders,” and “Military service” for this chapter.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 803. The following definitions apply for purposes of this chapter: (a) “Reservist” means either of the following: (1) A member of the militia, as defined in Section 120, called or ordered into state military service pursuant to Section 143 or 146 or federal law. (2) A member of a reserve component of the Armed Forces of the United States, as defined by Section 101 of Title 10 of the United States Code, who is ordered to active duty pursuant to federal law. (b) “Military orders” means, with respect to a service member, official military orders, or any notification, certification, or verification from the service member’s commanding officer, with respect to the service member’s current or future military duty status. (c) “Military service” means either of the following: (1) Full-time active state service or full-time active federal service of a service member who is a member of the militia, as described in paragraph (1) of subdivision (a). (2) Full-time active duty of a service member who is a reservist, as described in paragraph (2) of subdivision (a), for a period of no less than 30 consecutive days. (Amended by Stats. 2018, Ch. 555, Sec. 19. (AB 3212) Effective January 1, 2019.) - 804. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A reservist may defer paying principal and interest on specified obligations during the period set out in Section 800.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 804. During the period specified in Section 800, the reservist may defer the payment of principal and interest on the specified obligations. No penalties shall be imposed on the nonpayment of principal or interest during this period. No interest shall be charged or accumulated on the principal or interest on which the payment was delayed. No foreclosure or repossession of property shall take place during the period of deferment unless otherwise ordered by a court or agreed to by the parties to the obligation. (Amended by Stats. 2022, Ch. 620, Sec. 10. (SB 1311) Effective January 1, 2023.) - 805. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A stay, postponement, or suspension under this chapter cannot be used as the basis for harming a military service member’s credit position.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 805. Subject to subdivisions (e) and (f) of Section 800, a stay, postponement, or suspension under this chapter of the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of a person in military service shall not provide the basis for affecting credit ratings, denial or revocation of credit, or a change by the lender in the terms of an existing credit arrangement. (Repealed and added by Stats. 2005, Ch. 291, Sec. 2. Effective January 1, 2006.) - 806. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A health coverage provider for a reservist ordered to active duty must reinstate the coverage without waiting periods or preexisting-condition exclusions.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 806. (a) Any entity, which was providing any type of health care coverage, including, but not limited to, health care service plans, specialized health care service plans, and health insurance to a reservist at the time the reservist was ordered to active duty, shall reinstate the health care coverage without waiting periods or exclusion of coverage for preexisting conditions. (b) Pursuant to Section 1386 of the Health and Safety Code, the Director of the Department of Managed Health Care has the authority to enforce the provisions of this section concerning any person or entity subject to regulation under Chapter 2.2 (commencing with Section 1340) of Part 2 of Division 2 of the Health and Safety Code, and may impose any applicable penalties provided for under that section. (c) Pursuant to subdivision (a) of Section 12921 of the Insurance Code, the Insurance Commissioner has the authority to enforce the provisions of this section concerning any person or entity subject to regulation under the Insurance Code, and may impose any applicable penalties provided for under the Insurance Code. (d) The enforcement and penalty provisions of the act that added this subdivision shall apply only to reservists ordered to active duty on or after January 1, 2007. (Amended by Stats. 2006, Ch. 622, Sec. 2. Effective January 1, 2007.) - 807. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
Certain loan or account holders must warn debtors before credit disability insurance expires, and debtors may choose to roll extra premium amounts into the unpaid balance.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 807. (a) The holder of a loan or retail installment sales contract with respect to which the debtor has purchased prepaid credit disability insurance shall give notice to the debtor not less than 30 days before the expiration date of the insurance that the debtor will not be protected during the period between that expiration date and the deferred maturity date of the loan or contract unless the insurance is extended. The debtor may, at their option, direct the holder to add the amount of the additional premium to the unpaid balance of the loan or contract. (b) The holder of an open-ended loan or retail installment account with respect to which the debtor has purchased credit disability insurance with premiums payable monthly together with the installment payments on the loan or the account shall give notice to the debtor that the debtor will not be protected by the insurance during the period specified in Section 800 unless the debtor elects to continue payment of premiums during that period. The debtor may, at their option, direct the holder to add the amount of those premiums to the unpaid balance of the account. (Amended by Stats. 2024, Ch. 129, Sec. 65. (SB 1097) Effective January 1, 2025.) - 808. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A reservist may defer leased-vehicle payments during the Section 800 period, and the lender must extend the lease by the number of months deferred.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 808. (a) During the period specified in Section 800, the reservist may defer payments for leased vehicles without breach of the lease or the foreclosure or repossession of the vehicle. If a lender defers payments pursuant to this section, the lender shall extend the term of the lease by the amount of months the lease was deferred. (b) For the purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code. (Repealed and added by Stats. 2005, Ch. 291, Sec. 2. Effective January 1, 2006.) - 810. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
If a covered financial obligation is sold, the duty to defer payments moves to the purchaser.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 810. In those instances where a financial obligation covered by this chapter is sold, any requirement to defer payments as specified in this chapter transfers to the purchaser of the obligation. (Repealed and added by Stats. 2005, Ch. 291, Sec. 2. Effective January 1, 2006.) - 811. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
The spouse or legal dependent of a reservist called to active duty is entitled to the reservist’s chapter benefits if the reservist is eligible. The chapter applies only to obligations incurred before the reservist’s current active-duty call-up date.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 811. (a) The spouse or legal dependent, or both, of a reservist who is called to active duty, shall be entitled to the benefits accorded to a reservist under this chapter, provided that the reservist is eligible for the benefits. (b) This chapter applies only to an obligation specified in this chapter that was incurred prior to the date that a reservist was called to their current period of active duty. (Amended by Stats. 2024, Ch. 129, Sec. 66. (SB 1097) Effective January 1, 2025.) - 812. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
A person who violates this chapter is liable for damages, attorney’s fees, and costs. A service member or other person enforcing rights under the chapter does not have to pay filing fees or court costs.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 812. (a) A person violating any provision of this chapter shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter. (b) A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court costs. (Added by Stats. 2010, Ch. 385, Sec. 12. (AB 2365) Effective January 1, 2011.) - 813. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. )
If a person thinks a service member’s relief request is incomplete or not legally sufficient, that person must send a written response within 30 days explaining why and listing what is missing.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3. The California Military Families Financial Relief Act [800 - 813] ( Chapter 3 repealed and added by Stats. 2005, Ch. 291, Sec. 2. ) ## 813. (a) Any person who receives a good faith request from a service member for relief pursuant to this chapter and who believes the request is incomplete or otherwise not legally sufficient, or that the service member is not entitled to the relief requested, shall, within 30 days of the request, provide the service member with a written response acknowledging the request, setting forth the person’s basis for believing or asserting that the request is incomplete or not legally sufficient, or that the service member is not entitled to the relief requested. The response shall clearly identify the specific information or materials that are missing from the request and that would be required to grant the relief requested, and provide contact information, including a mailing address and telephone number, which the service member can use to contact the person. (b) If the person fails to make such a response in the timeframe set forth in this section, the person waives any objection to the request, and the service member shall be entitled to the relief requested. (Added by Stats. 2018, Ch. 555, Sec. 21. (AB 3212) Effective January 1, 2019.) - 820. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
This chapter is known and may be cited as the “California Military Families Financial Relief Act of 2005.”
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 820. This chapter shall be known and may be cited as the “California Military Families Financial Relief Act of 2005.” (Added by Stats. 2005, Ch. 345, Sec. 1. Effective January 1, 2006.) - 821. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
This section defines “service member,” “military orders,” and “military service” for the chapter.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 821. For purposes of this chapter, the following definitions apply: (a) “Service member” means either of the following: (1) A member of the militia, as defined in Section 120, called or ordered into military service pursuant to Section 143 or 146 or federal law. (2) A member of a reserve component of the Armed Forces of the United States, as defined by Section 101 of Title 10 of the United States Code, who is ordered to active duty pursuant to federal law. (b) “Military orders” means, with respect to a service member, official military orders, or any notification, certification, or verification from the service member’s commanding officer, with respect to the service member’s current or future military duty status. (c) “Military service” means either of the following: (1) Full-time active state service or full-time active federal service of a service member who is a member of the militia, as described in paragraph (1) of subdivision (a). (2) Full-time active duty of a service member who is a reservist, as described in paragraph (2) of subdivision (a), for a period of no less than 30 consecutive days. (Amended by Stats. 2018, Ch. 555, Sec. 22. (AB 3212) Effective January 1, 2019.) - 822. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
A county recorder in this state may not charge a fee to record a power of attorney used by a service member’s agent.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 822. No county recorder in this state may impose a fee for the recordation of a power of attorney to act as the agent for a service member. (Amended by Stats. 2018, Ch. 555, Sec. 23. (AB 3212) Effective January 1, 2019.) - 823. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
Certain service members, and their spouses or legal dependents, may end qualifying mobile telephony contracts without penalty.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 823. (a) Any service member who is in military service, or any spouse or legal dependent of that service member, may terminate, without penalty, a mobile telephony services contract that meets both of the following requirements: (1) It is entered into on or after the effective date of this section. (2) It is executed by or on behalf of the service member who is in military service, or by any spouse or legal dependent of that service member. (b) Termination of the mobile telephony services contract shall not be effective until both of the following occur: (1) Thirty days after the service member who is in military service or the spouse or legal dependent gives notice by certified mail, return receipt requested, of the intention to terminate the mobile telephony services contract, and provides a copy of the service member’s activation or deployment order and any other information that substantiates the duration of the service member’s military service. (2) Unless the service member who is in military service, or any spouse or legal dependent of that service member, owns the mobile communication device, the mobile communication device is returned to the custody or control of the mobile telephony services company, or the service member who is in military service or the service member’s spouse or legal dependent agrees in writing to return the mobile communication device as soon as practicable after the military service is completed. (Added by Stats. 2005, Ch. 345, Sec. 1. Effective January 1, 2006.) - 823.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
Licensed financial-service marketers must not use misleading or deceptive claims when marketing to service members, former service members, or their spouses.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 823.5. (a) No person or entity licensed under the Business and Professions Code, Corporations Code, Financial Code, or Insurance Code shall market financial services or products to a service member or former service member, or the spouse of a service member or former service member, in a misleading or deceptive manner that suggests any of the following: (1) That the person or entity marketing the financial service or product is acting on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs. (2) That the person or entity marketing the financial service or product is an affiliate of one or more branches of the United States military or the United States Department of Veterans Affairs. (3) That the financial service or product is being offered on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs. (b) If a person who violates this section is licensed under any state licensing law, a violation of this section shall be deemed a violation of the laws under which that person is licensed. (c) This section shall not apply to either of the following: (1) Any bank as defined in Section 103 of the Financial Code. (2) Any credit union as defined in Section 14002 of the Financial Code. (d) For purposes of this section: (1) “Service member” means a member of an active duty or reserve component of the Armed Forces of the United States or of the active militia, as defined by Section 120. (2) “Former service member” means a veteran as defined by Section 980. (Amended by Stats. 2018, Ch. 555, Sec. 24. (AB 3212) Effective January 1, 2019.) - 824. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
An institution must grant a military-service academic leave on request, and may have to provide make-up coursework help, a full tuition-and-fees refund, or restore the student’s prior educational status after the student returns.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 824. (a) An institution shall, upon request, grant an academic leave of absence for military service to any student who is a member of the active militia, as defined by Section 120, or a reserve component of the Armed Forces of the United States, as defined by Section 101 of Title 10 of the United States Code, who is ordered to active duty pursuant to Section 143 or 146 or federal law. (b) If requested by a student granted an academic leave of absence for military service, not later than one year after the student’s release from military service, other than a dishonorable release, the institution in which the student is enrolled shall do one of the following, as elected by the student: (1) The institution shall make arrangements to reasonably accommodate and assist the student so that they are able to meet any and all coursework requirements that they may have missed due to military service. (2) The institution shall refund the tuition and fees paid by the student for the academic term in which the student is required to report for military service regardless of whether the student was called to military service before the academic term had commenced or after the academic term had commenced. The refund shall equal 100 percent of the tuition and fee charges the student paid the institution for the applicable academic term. (c) If requested by a student granted an academic leave of absence for military service, not later than one year after the student’s release from military service, other than a dishonorable release, the institution shall restore the student to the educational status the student had attained prior to being called to military service without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of military service. (d) If an institution fails to comply with this section, the student may bring an action against the institution to enforce its provisions in any court of competent jurisdiction of the county in which the student resides. If the student resides outside of this state, the action shall be brought in the court of the county in which the campus of the institution previously attended by the student is located. The court may award reasonable attorney’s fees and expenses if the student prevails in the action. (e) The Legislature hereby requests that the University of California adopt policies similar to those set forth in this section. (f) For purposes of this section, “institution” includes any public postsecondary educational institution and any private postsecondary educational institution, as defined in Section 94858 of the Education Code. (Amended by Stats. 2024, Ch. 129, Sec. 67. (SB 1097) Effective January 1, 2025.) - 825. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
The State Bar of California must waive membership fees for a service member if the listed conditions are met.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 825. The State Bar of California shall waive the membership fees of any member who is a service member if all of the following requirements are met: (a) The member was in good standing with the State Bar of California at the time the member enters into military service. (b) The membership fees are for the period for which the service member is in military service. (c) The service member, or the service member’s spouse, provides written notice to the State Bar of California that substantiates the service member’s military service. (Added by Stats. 2005, Ch. 345, Sec. 1. Effective January 1, 2006.) - 826. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
A lessor must let a qualifying service member pay lease arrearages and unpaid obligations in equal installments, for at least the length of military service. Anyone filing a lien sale or repossession notice must state under penalty of perjury that the action complied with the listed laws.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 826. (a) On or after the effective date of the act adding this chapter, any service member who terminates a motor vehicle lease pursuant to the federal Servicemembers Civil Relief Act, or pursuant to Section 409, shall be allowed by the lessor to make payment of any arrearages and other obligations that are due and unpaid at the time of termination of the lease in equal installments over a period equal to at least the period of military service. (b) Any person who files or completes a notice, application, or certification of lien sale or certificate of repossession shall, as part of that document, state under penalty of perjury that the lien sale or repossession was conducted in accordance with the requirements of Sections 407, 408, 409.1, and 409.3, and with the requirements of Sections 3952, 3953, and 3958 of Title 50 of the United States Code. (Amended by Stats. 2018, Ch. 555, Sec. 26. (AB 3212) Effective January 1, 2019.) - 827. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
Qualified customers may get 180 days of shutoff protection from a utility service provider, and providers must offer a repayment plan and not charge late fees or interest during military service or repayment.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 827. (a) A qualified customer may apply for and shall receive shutoff protection from a service provider for a period of 180 days. The service provider may grant extensions after the initial 180-day period. (b) A qualified customer may apply for shutoff protection for utility service by notifying the service provider that they are in need of assistance because of a reduction in household income as the result of a member of a qualified household being called to active duty status in the military. (c) Notification of the need for assistance shall be submitted in writing and accompanied by a copy of the activation or deployment order of a service member that specifies the duration of the active duty status. The written notification shall also include self-certification that the qualified household of the qualified customer will be occupied by the qualified customer’s legal dependent or dependents during the duration of the shutoff protection period. (d) A qualified customer receiving assistance under this section shall notify the service provider if the active duty status of the service member will be extended. (e) If the qualified customer moves out of the residence that is receiving shutoff protection, they shall provide the service provider a written notice that includes the date of service termination and a forwarding address. (f) Unless waived by the service provider, the shutoff protection provided under this section shall not void or limit the obligation of the qualified customer to pay for utility services received during the time of assistance. (g) All service providers shall do the following: (1) Establish a repayment plan requiring minimum monthly payments that allows the qualified customer to pay any past due amounts over a reasonable time period not to exceed one year after the service member’s release from active military duty. (2) Not charge late payment fees or interest to the qualified customer during the period of military service or the repayment period. (h) This section shall not affect or amend any rules or orders of the Public Utilities Commission pertaining to billing standards. (i) If terms and conditions under this section are not followed by the qualified customer, the service provider may follow its procedures and rules on customer standards and billing practices for providing electric, water, and gas residential services. (j) For public utilities regulated by the Public Utilities Commission, the commission shall allow recovery of reasonable costs incurred to implement this section. (k) For purposes of this section: (1) “Service provider” means a provider of utility services, including, but not limited to, public utilities that are subject to the jurisdiction of the Public Utilities Commission, local publicly owned electric utilities, as defined by Section 224.3 of the Public Utilities Code, and public water, sewer, or solid waste collection services, or any combination thereof. “Service provider” does not include any corporation described in subdivision (a) of Section 234 of the Public Utilities Code. (2) “Qualified customer” means the customer of record of a qualified household. (3) A “qualified household” is a residential household for which the income is reduced because the customer of record, the spouse of the customer of record, or the registered domestic partner of the customer of record, as defined by Section 297.5 of the Family Code, is a service member called to full-time active military service under Section 143 or 146 or federal law. (Amended by Stats. 2024, Ch. 129, Sec. 68. (SB 1097) Effective January 1, 2025.) - 828. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
The Military Department must, as reasonably and feasibly as possible, inform all members of the militia about benefits and protections under this act and similar laws.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 828. The Military Department shall, to the extent reasonable and feasible, inform all members of the militia of the benefits and protections provided by this act, and of similar benefits and protections provided by any other law. (Added by Stats. 2005, Ch. 345, Sec. 1. Effective January 1, 2006.) - 829. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
A person who violates this chapter can be liable for actual damages, attorney’s fees, and costs. A service member or other person enforcing rights under the chapter does not have to pay filing fees or court costs.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 829. (a) A person violating any provision of this chapter shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter. (b) A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court costs. (Added by Stats. 2010, Ch. 385, Sec. 13. (AB 2365) Effective January 1, 2011.) - 83. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
This section makes certain Government Code provisions apply to the Department of Veterans Affairs, unless they conflict with this chapter, and it defines “head of the department” to mean the director, with a broader meaning for Article 2 investigations.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 83. Except to the extent inconsistent with the provisions of this chapter, the provisions of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code shall be applicable to the Department of Veterans Affairs as if the provisions of said Chapter 2 were set out fully herein. Whenever in such chapter the term “head of the department” or similar designation occurs, it shall mean the director, except that for the purposes of Article 2 of said Chapter 2 it shall also mean both the board and any member of the board to whom the duty of conducting any investigation is given by the board. (Added by Stats. 1946, 1st Ex. Sess., Ch. 114.) - 830. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. )
If a person gets a service member’s good-faith relief request and thinks it is incomplete or invalid, the person must respond in writing within 30 days and explain what is missing. If no timely response is made, the service member is entitled to the requested relief.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.3. California Military Families Financial Relief Act of 2005 [820 - 830] ( Chapter 3.3 added by Stats. 2005, Ch. 345, Sec. 1. ) ## 830. (a) Any person who receives a good faith request from a service member for relief pursuant to this chapter and who believes the request is incomplete or otherwise not legally sufficient, or that the service member is not entitled to the relief requested, shall, within 30 days of the request, provide the service member with a written response acknowledging the request, setting forth the person’s basis for believing or asserting that the request is incomplete or not legally sufficient, or that the service member is not entitled to the relief requested. The response shall clearly identify the specific information or materials that are missing from the request and that would be required to grant the relief requested, and provide contact information, including a mailing address and telephone number, which the service member can use to contact the person. (b) If the person fails to make such a response in the timeframe set forth in this section, the person waives any objection to the request, and the service member shall be entitled to the relief requested. (Added by Stats. 2018, Ch. 555, Sec. 28. (AB 3212) Effective January 1, 2019.) - 84. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The secretary may report to the board on veterans’ welfare, and must do so when the board requires. The secretary also must brief the board before making any policy change that would modify a veterans’ program.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 84. (a) The secretary may, whenever they deem it advisable and shall, when required to do so by the board, present reports and recommendations to the board concerning any matter relating to veterans’ welfare whether or not provided by existing law. (b) Notwithstanding any other law, the secretary shall not effectuate any policy change that would modify any veterans’ program without first fully briefing the board regarding the effects upon veterans of the proposed policy change. (c) For the purposes of this section and Section 700, “program” means the Veterans’ Home of California, the veterans’ farm and home purchase program, including any associated insurance programs, and any veterans’ education assistance program. (d) “Policy change” for the purposes of this section means any proposed changes to the programs set forth in subdivision (c) that would directly or indirectly affect the eligibility of veterans to participate in, the affordability for veterans of, or the financial stability of, those programs. (Amended by Stats. 2024, Ch. 129, Sec. 6. (SB 1097) Effective January 1, 2025.) - 85. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
Records of the department that are contract purchaser records must not be open to public inspection.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 85. Records of the department which are records of contract purchasers, shall not be open to inspection by the public. (Amended by Stats. 1969, Ch. 371.) - 850. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.5. California National Guard Surviving Spouses and Children Relief Act of 2004 [850 - 852] ( Chapter 3.5 added by Stats. 2004, Ch. 547, Sec. 2. )
The state must pay a $10,000 death benefit to an eligible surviving spouse or designated beneficiary, and the Military Department must determine eligibility and issue a certificate on time.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.5. California National Guard Surviving Spouses and Children Relief Act of 2004 [850 - 852] ( Chapter 3.5 added by Stats. 2004, Ch. 547, Sec. 2. ) ## 850. (a) The state shall pay a ten thousand dollar ($10,000) death benefit to the surviving spouse of, or a beneficiary designated by, any member of the California National Guard, State Guard, or Naval Militia who dies or is killed after March 1, 2003, in the performance of duty. (b) The Military Department shall determine if the death occurred in the performance of the member’s duty, and shall issue a certificate of benefit eligibility under this section within 20 days of application by the surviving spouse or a designated beneficiary. (c) The state shall pay the death benefit within 10 days of the receipt of the certificate of benefit eligibility from the surviving spouse or a beneficiary designated by the service member. (Amended by Stats. 2020, Ch. 97, Sec. 42. (AB 2193) Effective January 1, 2021.) - 851. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.5. California National Guard Surviving Spouses and Children Relief Act of 2004 [850 - 852] ( Chapter 3.5 added by Stats. 2004, Ch. 547, Sec. 2. )
This chapter becomes operative only when the Legislature appropriates funds for the military benefits payments required by the chapter.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.5. California National Guard Surviving Spouses and Children Relief Act of 2004 [850 - 852] ( Chapter 3.5 added by Stats. 2004, Ch. 547, Sec. 2. ) ## 851. This chapter shall become operative upon the operative date of an appropriation by the Legislature for the purpose of funding the payments of military benefits, as required by this chapter. (Added by Stats. 2004, Ch. 547, Sec. 2. Effective January 1, 2005. Note: This section prescribed conditions for operation of Chapter 3.5 (commencing with Section 850), which were satisfied in Section 852, as added September 22, 2005, by Stats. 2005, Ch. 342.) - 852. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.5. California National Guard Surviving Spouses and Children Relief Act of 2004 [850 - 852] ( Chapter 3.5 added by Stats. 2004, Ch. 547, Sec. 2. )
$130,000 is appropriated from the General Fund to the Military Department to pay death benefits under this chapter.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.5. California National Guard Surviving Spouses and Children Relief Act of 2004 [850 - 852] ( Chapter 3.5 added by Stats. 2004, Ch. 547, Sec. 2. ) ## 852. There is hereby appropriated the sum of one hundred thirty thousand dollars ($130,000) from the General Fund to the Military Department for the purpose of paying death benefits, as prescribed by this chapter, to the families of members of the California National Guard, State Guard, or Naval Militia who have lost their lives in the performance of duty, as determined by the Military Department. (Amended by Stats. 2020, Ch. 97, Sec. 43. (AB 2193) Effective January 1, 2021.) - 86. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
People who qualify as veterans and apply for benefits may appeal department decisions to the California Veterans Board. The board must give a hearing if requested and issue a written decision by its second meeting after the appeal or hearing. The board’s decision is final except for judicial review, and some hearings may be delegated.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 86. (a) Any person deeming themself a veteran and who applies for benefits may appeal any decision made by a division of the department to the California Veterans Board. Upon receipt of the appeal, the board shall grant a hearing, if requested, and shall render its decision in writing to the appellant not later than the second meeting of the board following the receipt of the appeal or of the hearing if one is held. An appeal shall be deemed to have been received by the board on the date of the first meeting of the board subsequent to delivery of the appeal to the executive officer of the board. Except for judicial review, the board’s decision is final and the board shall have the power to change or modify with good cause any decision that is adverse to the appellant. Except as described in subdivision (b), all hearings of appeals may be delegated by the board to the undersecretary or a deputy secretary of the department. Hearings shall be held in the department office nearest to the appellant’s home unless the appellant requests otherwise. (b) Hearings of appeals related to the Veterans’ Farm and Home Purchase Act may be delegated by the board only to the Office of Administrative Hearings to be conducted by administrative law judges of the Office of Administrative Hearings pursuant to Chapter 4 (commencing with Section 11370) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The administrative law judges shall submit their proposed decisions to the board for final decision. The administrative law judges shall make all reasonable efforts to hold hearings at neutral locations, however, if no other facilities are available without incurring excessive costs, the hearings may be held at the department office nearest to the appellant’s home. (Amended by Stats. 2024, Ch. 129, Sec. 7. (SB 1097) Effective January 1, 2025.) - 870. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.6. Nonassignability of Veterans’ Benefits [870- 870.] ( Chapter 3.6 added by Stats. 2015, Ch. 246, Sec. 2. )
A person must not advertise, offer, or make an agreement with a pension beneficiary if it would involve an assignment of pension benefits barred by state or federal law.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 3.6. Nonassignability of Veterans’ Benefits [870- 870.] ( Chapter 3.6 added by Stats. 2015, Ch. 246, Sec. 2. ) ## 870. A person shall not advertise, offer, or enter into an agreement with a pension beneficiary that would involve an assignment of pension benefits that is prohibited by state or federal law. (Added by Stats. 2015, Ch. 246, Sec. 2. (SB 386) Effective January 1, 2016.) - 88. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The Department of Veterans Affairs must make an agreement with the Department of Fish and Game for exclusive control of specified land, and the agreement can end only if both departments agree.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 88. (a) Notwithstanding other provisions of law, including, but not limited to, Section 1 of Chapter 648 of the Statutes of 1992, as amended, the Department of Veterans Affairs shall enter into an agreement with the Department of Fish and Game that grants to the Department of Fish and Game for a period of 99 years, exclusive authority over management and control of approximately 340 acres of land being portions of Sections 19, 28, 29, and 30 of Township 7 North, Range 4 West, Mount Diablo Base and Meridian, in the vicinity of the Rector Reservoir, Napa County, to be utilized by the Department of Fish and Game exclusively for open space or conservation purposes. The agreement may be terminated only upon the mutual agreement of the Department of Veterans Affairs and the Department of Fish and Game. (b) If the agreement described in subdivision (a) is not entered into by December 31, 1997, exclusive authority over the management and control of the property described in subdivision (a) is hereby granted to the Department of Fish and Game, effective January 1, 1998. (c) Upon the effective date of the agreement entered into pursuant to subdivision (a) or upon the operation of subdivision (b), the provisions of Section 1 of Chapter 648 of the Statutes of 1992, as amended, authorizing the property described in subdivision (a) as surplus property are repealed. (Added by Stats. 1997, Ch. 300, Sec. 11. Effective August 18, 1997.) - 89. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The department may apply to the California Debt Limit Allocation Committee for allocations of the state ceiling for certain qualified private activity bonds used for qualified residential rental projects.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 89. The department may apply to the California Debt Limit Allocation Committee for allocations of the state ceiling on qualified private activity bonds for qualified residential rental projects. (Added by Stats. 2008, Ch. 332, Sec. 1. Effective January 1, 2009.) - 89.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The department must include homeless-veterans analysis in its strategic plan and send the plan to two Veterans Affairs committee chairmen.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 89.5. (a) The department shall include in its strategic plan the following: (1) A review of the goals and objectives relating to homeless veterans, to determine whether the methods the department uses to plan, analyze, develop, monitor, and implement the strategic plan will likely decrease homelessness among veterans. (2) A determination of the number of homeless veterans in this state and the number of those veterans who received benefits from state or federal programs, including, but not limited to, the number of homeless veterans in need of multifamily or transitional housing and the number of those veterans who received benefits for those needs. (b) The department shall transmit the strategic plan to the Chairman of the Senate Committee on Veterans Affairs and the Chairman of the Assembly Committee on Veterans Affairs. (Added by Stats. 2012, Ch. 217, Sec. 1. (SB 663) Effective January 1, 2013.) - 890. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
This section defines the terms “veterans,” “dependent of a veteran,” and “induction period” for this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 890. As used in this article: (a) “Veterans” means (1) any person who served in the Army, Navy, or Marine Corps of the United States and was killed in action or died as a result of war service in the World War since April 6, 1917; (2) any member of the Army, Navy, Coast Guard or Marine Corps of the United States, or any of their auxiliaries, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”), who was killed in action in World War II on or after December 7, 1941, and prior to January 1, 1947, or who died at any time as a result of war service during such period; (3) any member of the armed forces of the United States who was killed in action during any period of hostilities in which the United States is engaged, or who died or was totally disabled at any time as a result of active service during any such period or during the induction period; or (4) any person who, at the time of entry into the armed forces of the United States was a resident of this state and was subsequently declared by the United States government to be missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power. (b) “Dependent of a veteran” means the natural or adopted child of a veteran, or stepchild of a veteran as defined by the United States Department of Veterans Affairs for compensation purposes, the unmarried surviving spouse of a veteran, or the spouse of a totally disabled veteran. (c) “Induction period” means (1) the period beginning September 16, 1940, and ending December 6, 1941, and the period beginning January 1, 1947, and ending June 26, 1950, and (2) the period beginning on February 1, 1955, and ending on the day before the first day thereafter on which individuals (other than individuals liable for induction by reason of a prior deferment) are no longer liable for induction for training and service into the armed forces under the Universal Military Training and Service Act. (Amended by Stats. 1996, Ch. 768, Sec. 1. Effective January 1, 1997.) - 890.3. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
A claimant may still qualify for a disabled veterans’ benefit without final disability certification if a USDVA application was pending and the later certification qualifies the veteran. Government entities receiving such claims must require written proof of the pending USDVA application.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 890.3. (a) (1) Notwithstanding any other law, on or after January 1, 2001, a claimant is not ineligible for a disabled veterans’ benefit for lack of certification of disability of the veteran with respect to whom the benefit is sought, if there is a currently pending application to the United States Department of Veterans Affairs (USDVA) for certification of disability for that veteran and the subsequently received certification qualifies the veteran for the benefit. An entity of state government, or any political subdivision thereof, to which a claim for a disabled veterans’ benefit is made, shall require the claimant to provide written verification that an application had been pending with the USDVA at the time the claim for the disabled veterans’ benefit is submitted. (2) For purposes of this subdivision, “disabled veterans benefit” means an exemption, privilege, service, or other legal benefit that is provided pursuant to law by the state, or a political subdivision thereof, exclusively to a disabled veteran, or their surviving spouse, surviving domestic partner, parent, or child. (b) (1) For purposes of applying the disabled veterans’ property tax exemption set forth in Section 205.5 of the Revenue and Taxation Code, any amount of tax, including any interest or penalty thereon, levied upon that portion of the assessed value of real property that would have been exempt if the veteran’s pending application for certification of disability had been finalized, shall be canceled or refunded if both of the following conditions are met: (A) The certification is received and is forwarded to the county assessor. (B) A return is made as required by Section 277 of the Revenue and Taxation Code. (2) Any refund issued pursuant to this subdivision is subject to the limitations periods for refunds set forth in Section 5097 of the Revenue and Taxation Code. (Amended by Stats. 2024, Ch. 129, Sec. 69. (SB 1097) Effective January 1, 2025.) - 891. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
This section sets eligibility rules for veterans’ dependents getting aid, including age, school grade, and California residency requirements, and it limits how long benefits can continue in some cases.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 891. (a) A dependent of a veteran applying for aid under this article shall be over 14 years of age or shall have entered the ninth grade, and shall be a native of or shall have lived in this state for five of the nine years immediately preceding the date that the application is filed. (b) Any dependent of a veteran who has attained eligibility pursuant to this article while under 21 years of age may continue to receive the benefits of this article until the needed training is completed or until they attain 27 years of age, whatever first occurs. (c) The eligibility limitations of subdivision (b) shall not apply to the spouse or dependent surviving spouse or domestic partner of a veteran. However, the spouse or dependent surviving spouse or domestic partner of a veteran shall be limited to not more than 48 months, of full-time training, or the equivalent thereof in part-time training. (d) Notwithstanding the eligibility limitations of subdivision (b), a dependent who has honorably served in the Armed Forces of the United States may be granted an extension of training through 30 years of age. (e) The eligibility limitations of subdivisions (a) and (b) shall not apply to the dependent of a veteran as defined in paragraph (4) of subdivision (a) of Section 890. (Amended by Stats. 2024, Ch. 129, Sec. 70. (SB 1097) Effective January 1, 2025.) - 892. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
A veteran’s dependent who wants to continue education may apply to the department, and the department must assume state wardship if the applicant’s needs can be met in schools in California or elsewhere.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 892. A dependent of a veteran who desires to continue his education may apply to the department. If in the opinion of the department the educational needs of the applicant can be satisfactorily met in educational institutions in this State or elsewhere, the department shall assume state wardship over the education of the applicant. The department may provide educational counsel for applicants and assist them in securing admission to suitable institutions of learning. Tuition may be paid at private schools only when suitable opportunity is not available in public or semipublic institutions. (Amended by Stats. 1961, Ch. 1031.) - 893. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
The department may pay tuition, fees, and monthly student allowances when funds permit, and qualified applicants may claim the first monthly allowance after school registration.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 893. The department, insofar as funds permit, may provide: (a) For the payment of tuition and other fees. (b) For the monthly payment of an allowance for books, supplies and living expenses of the student. Qualified applicants may claim their first monthly allowance upon completion of school registration and the department is authorized to establish a revolving fund if necessary to expedite payment. (Amended by Stats. 1961, Ch. 1031.) - 894. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
The department’s monthly living-expense allowance is capped at $100 for collegiate, community college, business, and trade school rank students, and at $50 for high school rank students while they are actually attending a day school.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 894. For students of collegiate, community college, business and trade school rank, the amount expended by the department as an allowance for living expenses shall not exceed one hundred dollars ($100) per month. Dependents enrolled in the fifth year of any course requiring five years may be considered to be at the undergraduate level. For students of high school rank, the amount shall not exceed fifty dollars ($50) per month during the time the student is in actual attendance at a day school. Absence during the month on account of illness shall be included as attendance. (Amended by Stats. 1986, Ch. 44, Sec. 1.) - 895. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
Tuition and fee payments under this article are capped, with lower dollar limits for high school rank students and higher limits tied to the regular-school-year maximum for other listed students.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 895. For tuition and fees: (a) The amount expended on account of any one applicant of undergraduate, collegiate, community college, business, or trade school rank under this article shall not exceed the maximum rate authorized for the regular school year under Section 69566 of the Education Code and not to exceed one-third more for students pursuing a summer session or full year course. (b) For students of high school rank, the sum shall not exceed four hundred fifty dollars ($450) a year for students pursuing a regular course and five hundred fifty dollars ($550) a year for students pursuing a summer session or full year course. (Amended by Stats. 1986, Ch. 44, Sec. 2.) - 896. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
The department must consider applications in the order received and, if funds are too limited, must give wardship to the most urgently needy applicants after weighing scholastic achievement and financial need.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 896. The department shall consider applications in the order in which they are received. If the funds available are insufficient to meet the obligations which would arise from the guardianship of all worthy applicants, the department shall assume wardship over the applicants who are most urgently in need of further education, taking into consideration both scholastic achievement and financial need. (Amended by Stats. 1961, Ch. 1031.) - 896.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
A veteran’s dependent cannot receive these article benefits while also entitled to federal Chapter 35 educational benefits or duplicate government assistance.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 896.1. No dependent of a veteran, as defined in paragraph (1), (2) or (3) of subdivision (a) of Section 890, shall be eligible to receive the benefits of this article during the time that he is entitled to receive federal educational benefits under Chapter 35, Title 38, United States Code, as amended, or duplicate assistance from any other government source. (Amended by Stats. 1972, Ch. 884.) - 896.3. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
The department must reimburse an eligible veteran’s dependent for tuition and fees, if the person applies to the department.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 896.3. Upon application to the department by a dependent of a veteran as defined in paragraph (4) of subdivision (a) of Section 890, the department shall reimburse such person for the costs of tuition and fees incurred by such person at a public or private educational institution in the amount provided for in Section 895. (Added by Stats. 1972, Ch. 884.) - 896.4. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
A person reimbursed for tuition and fees by the department cannot receive other allowances under this article at the same time if they also qualify for Chapter 35 educational assistance or duplicate assistance from another government source.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 896.4. Any person who is reimbursed by the department for tuition and fees or on whose account the department has paid tuition and fees, shall not at the same time be eligible for any other allowances provided for in this article if, at such time, such person is also therefor entitled to receive educational assistance under Chapter 35, Title 38, United States Code, as amended, or duplicate assistance from any other government source. (Added by Stats. 1972, Ch. 884.) - 898. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
$300,000 is appropriated annually from specified oil-royalty-related receipts for this article, excluding certain school-land receipts.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 898. The sum of three hundred thousand dollars ($300,000) is hereby annually appropriated from the receipts heretofore or hereafter collected under the provisions of Chapter 5, Statutes of 1938, or any other act under which oil royalties are or may be collected, other than those receipts received from rents, bonuses, and royalties accruing from the use of state school land, to carry out the purposes of this article. Such amount shall annually be paid into the General Fund. (Amended by Stats. 1959, Ch. 1744.) - 899. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. )
The department may use its appropriation for veterans’ educational assistance for the purposes of this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 4. Educational Assistance [890 - 899] ( Chapter 4 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Veterans’ Dependents [890 - 899] ( Article 2 enacted by Stats. 1935, Ch. 389. ) ## 899. The department may, for the purposes of this article, draw upon its appropriation for educational assistance to veterans under Section 981 to 981.8 of the Military and Veterans Code. (Amended by Stats. 1961, Ch. 1031.) - 9. Verify source ↗
## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. )
References to listed code sections, laws, and military rules include their amendments and additions.
## Military and Veterans Code - MVC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 389. ) ## 9. Whenever any reference is made to any section of this code or to any law of this State or the United States or to the Articles of War or the rules and regulations of the United States Army or Navy departments, such reference shall apply to all amendments and additions thereto now or hereafter made. (Enacted by Stats. 1935, Ch. 389.) - 90. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The department must develop a veterans transition assistance program and keep it focused on California-specific transition help, including information for certain noncitizens about citizenship and legal assistance.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 90. (a) By July 1, 2015, the department shall develop a transition assistance program for veterans who have been discharged from the Armed Forces of the United States or the National Guard of any state. The program shall be designed to assist veterans in successfully transitioning from military to civilian life in California and to complement the transition program offered by the United States Department of Defense. The program shall include, but shall not be limited to, the following California-specific transition assistance information: higher education benefits and program information, vocational training assistance, small business resources and information, health care programs and services, mental health resources and information, military sexual trauma resources and information, and housing information. (b) The transition assistance program for veterans shall provide information to noncitizens who are leaving military service in California or who have already been discharged from military service in California on how to become United States citizens, including information on where to acquire state legal assistance. (Amended by Stats. 2017, Ch. 497, Sec. 1. (SB 156) Effective October 5, 2017.) - 90.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The Department of Veterans Affairs may require certain workers and contractors to undergo fingerprint-based state and national criminal history background checks, and it must send the fingerprint information to the Department of Justice, which must return a state- or federal-level response.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 90.1. (a) The Department of Veterans Affairs may require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check. (b) The Department of Veterans Affairs shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 32. (SB 160) Effective September 17, 2025.) - 90.2. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
The Department of Veterans Affairs may accept donations of personal property, including cash or other gifts, to support veterans transitional assistance or reimburse related state expenses.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 90.2. (a) Notwithstanding Section 11005 of the Government Code, the Department of Veterans Affairs may accept donations of personal property, including cash or other gifts, to be used to further the purposes of the state’s strategic plan for providing veterans with transitional assistance, as described in Section 90, or to reimburse the state for expenditures made by the state for these purposes. (b) (1) Cash donations made pursuant to subdivision (a) shall be deposited in the CalTap Endowment Fund, which is hereby created in the State Treasury. (2) Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated for the purpose of funding competitive grants in support of the state’s strategic plan for providing veterans with transitional assistance, as described in Section 90. (Added by Stats. 2018, Ch. 419, Sec. 1. (SB 1304) Effective January 1, 2019.) - 91. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. )
This section creates the California State Accrediting Agency for Veterans Education (CSAAVE) within the department and gives it duties tied to federal and state requirements.
## Military and Veterans Code - MVC ## DIVISION 1. ADMINISTRATION OF MILITARY AND VETERANS AFFAIRS [50 - 91] ( Division 1 repealed and added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## CHAPTER 2. Department of Veterans Affairs [60 - 91] ( Chapter 2 added by Stats. 1946, 1st Ex. Sess., Ch. 114. ) ## 91. (a) The California State Accrediting Agency for Veterans Education (CSAAVE) is hereby created within the department. (b) The CSAAVE shall implement federal requirements and administer state requirements for an organization seeking authorization to offer awards under Chapter 36 of Title 38 of the United States Code and Subpart D of Part 21 of Title 38 of the Code of Federal Regulations for a state approving agency. (c) (1) The department may adopt regulations to implement Chapter 36 of Title 38 of the United States Code, Subpart D of Part 21 of Title 38 of the Code of Federal Regulations, and this section. (2) The department may amend regulations adopted pursuant to paragraph (1) to account for changes in state or federal statutes and regulations. (3) The Secretary of Veterans Affairs has signatory authority for the CSAAVE in adherence with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2025, Ch. 644, Sec. 1. (AB 1509) Effective January 1, 2026.) - 920. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
This section defines “veteran” for this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 920. As used in this article, unless the context otherwise indicates, “veteran” means a person who has been honorably discharged from the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, United States Space Force, the Merchant Marine, or the American Red Cross, and who has served in any war. (Amended by Stats. 2022, Ch. 379, Sec. 16. (AB 1715) Effective January 1, 2023.) - 921. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
County supervisors may grant aid to indigent veterans, and the aid must be administered through a qualifying military, naval, or marine organization.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 921. The board of supervisors of any county may grant financial assistance, relief, and support to indigent veterans. Such assistance, relief, and support shall be administered through and by any military, naval, or marine organization created for the purpose of aiding, relieving and supporting such veterans under the terms and conditions set forth in this article. (Enacted by Stats. 1935, Ch. 389.) - 922. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
An organization that wants to assist indigent veterans must first file a verified statement with the county board of supervisors.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 922. Any organization desiring to assist indigent veterans shall first file with the board of supervisors of the county in which it is operating or intending to operate, a verified statement setting forth the following: (a) Name, objects, and purposes of the organization. One of the purposes shall be that mentioned in section 921. (b) Date of organization. (c) Names and addresses of officers and relief committee. (d) Name and address of the treasurer or financial officer in charge of the receipt and disbursement of funds. (e) Number of members. (f) Financial condition, showing total assets and liabilities. (g) That financial assistance for indigent veterans to be administered in accordance with the provisions of this article will be requested. (Enacted by Stats. 1935, Ch. 389.) - 923. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
After a statement is filed, the board of supervisors must set a consideration date within 10 days and send at least 5 days’ notice of the hearing by mail to the organization’s clerk or secretary.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 923. Upon the filing of the statement the board of supervisors shall set a day for its consideration not more than ten days after the date of filing. At least five days’ notice of the hearing shall be given by mail to the clerk or secretary of the organization. (Enacted by Stats. 1935, Ch. 389.) - 924. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
The board of supervisors must decide by resolution whether the organization is qualified to carry out this article, after hearing any evidence presented.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 924. On the day set, the board of supervisors shall, after hearing any evidence presented, determine by resolution entered upon its minutes whether the organization is qualified to carry out this article. The resolution shall be effective for a period of one year only and may be revoked at any time. (Enacted by Stats. 1935, Ch. 389.) - 925. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
Money under this article may not be transferred to anyone except the named treasurer or financial officer, and that officer must file a bond or undertaking before receiving the money.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 925. (a) No money shall be transferred to any person under this article except to the treasurer or financial officer whose name is given in the statement required by Section 922. (b) The treasurer or financial officer shall, before receiving any money hereunder, file with the board of supervisors a bond or undertaking in an amount fixed by the board of supervisors. The bond shall inure to the benefit of the county and shall be conditioned upon the faithful and honest administration of the funds intrusted to the officer. (Amended by Stats. 1982, Ch. 517, Sec. 314.) - 926. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
If a qualified organization asks for relief for indigent veterans and provides the required identifying and investigation details, the board of supervisors may order the county auditor to issue a warrant for the requested amount or less.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 926. Upon receipt of a request from any organization qualified under this article, giving the names of all indigent veterans for whom relief is desired, together with the branch of service, division, regiment, and company, or other unit or designation by which each of such veterans may be identified, and a further statement that the circumstances of each of such veterans has been personally investigated by the relief committee of the organization, and that each is in all respects worthy and entitled to relief hereunder, the board of supervisors may direct the county auditor to draw his warrant upon the county treasurer for the amount specified in the request, or a lesser amount. Such warrant shall be delivered to the treasurer or financial officer of the organization. (Enacted by Stats. 1935, Ch. 389.) - 927. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
County money paid under this article must be used only to help indigent veterans, and none of it may go to administration or overhead.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 927. All money paid out by any county under this article shall be used by the organization receiving it exclusively for the relief of indigent veterans and no part of it shall ever be used for administration or overhead expenses. (Enacted by Stats. 1935, Ch. 389.) - 928. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
The organization may grant relief from money available under this article to an indigent veteran’s surviving spouse or domestic partner, minor child, father, or mother if they are indigent and dependent.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 928. The indigent and dependent surviving spouse or domestic partner, minor child, father, or mother of any indigent veteran may be granted relief by the organization out of the money available under this article. (Amended by Stats. 2024, Ch. 129, Sec. 71. (SB 1097) Effective January 1, 2025.) - 929. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
Up to $350 may be paid for necessary burial or cremation expenses of an indigent veteran from money available under this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 929. The necessary expenses, not to exceed three hundred fifty dollars ($350), for burial or cremation of any indigent veteran may be paid out of the money available under this article. (Amended by Stats. 2007, Ch. 380, Sec. 2. Effective January 1, 2008.) - 930. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
The money needed to carry out this article may be taken from the county’s general fund.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 930. The money necessary to carry out this article may be taken from the general fund of the county. (Amended by Stats. 2007, Ch. 380, Sec. 3. Effective January 1, 2008.) - 931. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. )
A municipal corporation may provide assistance to an organization under this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1. Indigent Veterans [920 - 931] ( Article 1 enacted by Stats. 1935, Ch. 389. ) ## 931. Any municipal corporation may extend assistance to any organization under this article. In such case all proceedings required to be had before the board of supervisors of the county shall be had before the legislative body of the city. The words “board of supervisors,” “county,” “county auditor” and “county treasurer” wherever used in this article shall mean “legislative body,” “city,” “city auditor” and “city treasurer.” (Enacted by Stats. 1935, Ch. 389.) - 935. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1.5. Disabled Veterans [935- 935.] ( Article 1.5 added by Stats. 2013, Ch. 689, Sec. 1. )
A county governing board may provide financial assistance, relief, and support to a disabled veteran.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 1.5. Disabled Veterans [935- 935.] ( Article 1.5 added by Stats. 2013, Ch. 689, Sec. 1. ) ## 935. The governing board of any county may grant financial assistance, relief, and support to a disabled veteran, as defined in Section 999. (Amended by Stats. 2014, Ch. 71, Sec. 113. (SB 1304) Effective January 1, 2015.) - 940. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
This section defines “veteran” for this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 940. As used in this article, unless the context otherwise indicates, “veteran” means a person honorably discharged from the armed forces of the United States, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”). (Amended by Stats. 1996, Ch. 768, Sec. 2. Effective January 1, 1997.) - 940.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
In this article, “burial” and “interment” include cremation.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 940.5. As used in this article, the terms “burial” and “interment” include cremation, except that the election of the form of interment as between burial and cremation shall be made pursuant to the first paragraph of Section 7100 of the Health and Safety Code. (Added by Stats. 1983, Ch. 134, Sec. 2.) - 941. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
This article does not apply to soldiers, sailors, or marines who die in national or State soldiers’ homes in California.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 941. This article shall not apply to soldiers, sailors, or marines who die in the national or State soldiers’ homes in this State. (Enacted by Stats. 1935, Ch. 389.) - 942. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
County supervisors must designate a qualified veteran or veterans’ remains organization member to arrange decent burial for covered veterans and certain dependents who die in the county.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 942. The board of supervisors of each county shall designate an honorably discharged veteran of the United States military or a member of a veterans’ remains organization, as defined in Section 951, who shall cause to be decently interred the body of any veteran or spouse or eligible dependent of a veteran as defined by the United States Department of Veterans Affairs for compensation purposes who dies in the county. This section shall apply to all indigent, abandoned, or unclaimed veterans and dependents of veterans, including those deceased veterans and dependents of veterans without sufficient means to defray the expenses of burial, other than moneys paid or due and payable by the United States, pursuant to the World War Adjusted Compensation Act. (Amended by Stats. 2010, Ch. 189, Sec. 2. (AB 1644) Effective January 1, 2011.) - 943. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
Burials of veterans or veterans’ dependents must not be made in cemeteries or burial grounds used exclusively for pauper burials.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 943. Such burial shall not be made in any cemetery or burial ground, or any portion thereof, used exclusively for the burial of the pauper dead. (Enacted by Stats. 1935, Ch. 389.) - 944. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
If certain veterans’ remains were interred by someone other than the board-designated person, that designated person may pay $350 toward burial expenses.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 944. When a deceased veteran or a surviving spouse or domestic partner of a veteran has been interred other than by the person designated by the board of supervisors, the person so designated may pay the sum of three hundred fifty dollars ($350) toward the burial expenses of the person who would have been entitled to interment by the person designated by the supervisors. (Amended by Stats. 2024, Ch. 129, Sec. 72. (SB 1097) Effective January 1, 2025.) - 945. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
A county’s expense for each burial or contribution may not exceed $350.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 945. The expenses to the county of each burial or contribution shall not exceed the sum of three hundred fifty dollars ($350). Claims therefor are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 2007, Ch. 380, Sec. 5. Effective January 1, 2008.) - 946. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
The county where the veteran, surviving spouse, or domestic partner dies must pay the claim, and if the person lived in another county, that county must refund the amount advanced.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 946. Such claims shall be paid by the county in which the veteran or surviving spouse or domestic partner dies. If the decedent was a resident of any other county than the one paying the claim, the county of the decedent’s residence shall refund the money advanced by the county where the person died. Such claims shall be audited and paid by the county as other accounts. (Amended by Stats. 2024, Ch. 129, Sec. 73. (SB 1097) Effective January 1, 2025.) - 947. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
The person appointed under section 942 must check whether the decedent’s family can pay burial expenses before taking charge, must arrange burial if the family cannot pay, and must immediately report the action and burial details to the county clerk.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 947. The person appointed under section 942, before he assumes the charge and expenses of any burial, shall first satisfy himself by a careful inquiry into and examination of all the circumstances in the case that the family of the decedent, if any, residing in the county, is unable for want of means to defray the expenses of the burial. If he finds such inability he shall cause the decedent to be buried as provided in this article. He shall immediately report his action to the clerk of the board of supervisors of the county, stating all the facts and that he found the family of the decedent in indigent circumstances and unable to pay the expenses of the burial. He shall also report the name, rank, and command of the veteran, the date of death, place of burial, occupation, and an itemized statement of the expenses of such burial. (Enacted by Stats. 1935, Ch. 389.) - 948. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
The clerk of the board of supervisors must record the report details, and for an honorably discharged soldier, sailor, or marine, must apply for a suitable headstone and have it placed at the grave.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 948. The clerk of the board of supervisors, upon receiving the report and statement of expenses, shall transcribe in a book kept for that purpose all the facts contained in the report respecting such decedent. The clerk, upon the burial of any honorably discharged soldier, sailor, or marine, shall make application to the proper authorities of the United States, for a suitable headstone, as provided by act of Congress, and cause the same to be placed at the head of the grave of such soldier, sailor, or marine. The expenses shall not exceed ten dollars ($10) for cartage and properly setting each stone. (Amended by Stats. 1963, Ch. 603.) - 949. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
The board of supervisors must permanently maintain the grave of an honorably discharged soldier, sailor, or marine, and the related expenses must be audited and paid under section 946.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 949. The board of supervisors shall perpetually maintain the grave of any such honorably discharged soldier, sailor, or marine. The expenses thus incurred shall be audited and paid as provided in section 946 for burial expenses. (Enacted by Stats. 1935, Ch. 389.) - 950. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
The person appointed under section 942 must not receive compensation for duties performed under this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 950. The person appointed under section 942 shall receive no compensation for any duties he may perform in compliance with this article. (Enacted by Stats. 1935, Ch. 389.) - 951. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
This section defines “Veteran status information” and “Veterans’ remains organization.”
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 951. (a) “Veteran status information” means the data required by the Department of Veterans Affairs to verify the status of a decedent as either a veteran or the dependent of a veteran for purposes of eligibility for burial in a national or state cemetery, including the person’s name, service number, social security number, date of birth, date of death, place of birth, branch of the service, and military rank. (b) “Veterans’ remains organization” means any entity recognized by the United States Department of Veterans Affairs and the National Personnel Records Center as an organization authorized to verify and inter unclaimed cremated remains of American veterans, including a member or employee of that entity. (Amended by Stats. 2013, Ch. 186, Sec. 3. (SB 815) Effective January 1, 2014.) - 951.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
The county public administrator must make reasonable efforts to determine whether unclaimed remains belong to a veteran or a veteran’s dependent, and if there is reason to think they do, must work with specified agencies or entities to confirm it.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 951.5. The public administrator of the county shall make every reasonable effort to determine if the unclaimed remains of a decedent referred to the public administrator belong to a veteran or the dependent of a veteran. If there is reason to believe that the remains belong to a veteran or the dependent of a veteran, the public administrator shall work with the county veteran service officer, a national veterans cemetery, the United States Social Security Administration, the United States Department of Veterans Affairs, or other applicable entity to determine if the remains belong to a veteran or the dependent of a veteran. (Added by Stats. 2012, Ch. 722, Sec. 2. (AB 1806) Effective January 1, 2013.) - 952. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
Certain cemetery-related entities must release veteran status information on request, and may release cremated remains for interment only if listed conditions are met.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 952. (a) A cemetery corporation or association, or other entity in possession of the cremated remains of a veteran or dependent of a veteran, shall, upon request of a veterans’ remains organization and after verifying the status of the veterans’ remains organization as an organization currently authorized by the United States Department of Veterans Affairs and the National Personnel Records Center or as an organization authorized by the local county board of supervisors to verify and inter unclaimed cremated remains of American veterans, release veteran status information to the veterans’ remains organization. (b) The use or disclosure of veteran status information obtained by a veterans’ remains organization pursuant to subdivision (a) shall be permitted only for the purpose of verifying veteran interment benefits of the deceased veteran or a dependent of a veteran with the California Department of Veterans Affairs and shall not be used or disclosed for any other purpose. (c) The cemetery authority, cemetery corporation or association, or other entity in possession of the cremated remains of a veteran or dependent of a veteran may, upon request of a veterans’ remains organization and after verifying the status of the veterans’ remains organization as an organization currently authorized by the United States Department of Veterans Affairs and the National Personnel Records Center or as an organization authorized by the local county board of supervisors to verify and inter unclaimed cremated remains of American veterans, release the cremated remains of the veteran or dependent of a veteran to a veterans’ remains organization for the sole purpose of interment, subject to Section 943 of this code and Sections 7110 and 7208 of the Health and Safety Code, when all of the following conditions have been met: (1) The veterans’ remains organization has verified the interment benefits of the deceased veteran or dependent of a veteran with the California Department of Veterans Affairs and provided documentation of the verification to the cemetery authority, cemetery corporation or association, or other entity that the decedent is a veteran or a dependent of a veteran eligible for burial in a national or state cemetery. (2) The veterans’ remains organization has made a reasonable effort to locate the agent or family member who has the right to control the cremated remains of the veteran or dependent of a veteran. (3) The veterans’ remains organization has provided notice to all known agents or family members who have the right to control the cremated remains of the veteran or dependent of a veteran of the veteran’s remains organization’s intent to claim the cremated remains of the veteran or dependent of a veteran for the purpose of providing a proper burial of the cremated remains of the veteran or dependent of a veteran in accordance with Section 943 of this code and Sections 7110 and 7208 of the Health and Safety Code. (4) An agent or family member who has the right to control the cremated remains of the veteran or dependent of a veteran has made no attempt to claim the cremated remains. (5) The cremated remains have been in the possession of the cemetery authority, cemetery corporation or association, or other entity for a period of at least one year. (d) The cemetery authority, cemetery corporation or association, or other entity that releases veteran status information or cremated remains of the veteran or dependent of a veteran pursuant to this section shall not be subject to civil liability, except for gross negligence, if all of the conditions of this section are met. (Amended by Stats. 2014, Ch. 71, Sec. 114. (SB 1304) Effective January 1, 2015.) - 953. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
A veterans’ remains organization must take reasonable steps to inter cremated remains it receives under this article, and it is not liable for negligence if it lacked knowledge that the remains were not properly released.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 953. (a) A veterans’ remains organization shall take all reasonable steps to inter the cremated remains of a veteran or dependent of a veteran received in accordance with this article. (b) A veterans’ remains organization that receives and inters the cremated remains of a veteran or dependent of a veteran pursuant to this article shall not be liable for negligence if the veterans’ remains organization does not know or have reason to know that the cremated remains of the veteran or dependent of a veteran were not released by the cemetery authority, cemetery corporation or association, or other entity in compliance with subdivisions (a) and (c) of Section 952. (Added by Stats. 2010, Ch. 189, Sec. 5. (AB 1644) Effective January 1, 2011.) - 954. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
County boards of supervisors are encouraged to designate personnel from a veterans’ remains organization for the role created in Section 942.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 954. The board of supervisors of each county is encouraged to designate personnel from a veterans’ remains organization, as defined in Section 951, to fulfill the role created in Section 942. (Added by Stats. 2010, Ch. 189, Sec. 6. (AB 1644) Effective January 1, 2011.) - 955. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. )
County veteran service officers and county public administrators must report certain veteran-remains information, and the Department of Veterans Affairs must keep and share a list of reported cases.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 2. Burial of Veterans and Veterans’ Dependents [940 - 955] ( Heading of Article 2 amended by Stats. 2010, Ch. 189, Sec. 1. ) ## 955. (a) (1) A county veteran service officer that determines, pursuant to Section 951.5, that unclaimed remains are those of a veteran or dependent of a veteran, and that the remains meet the criteria for interment by a veterans’ remains organization pursuant to Section 952, shall report the following information to the Department of Veterans Affairs: (A) The name, rank, and branch of service of the deceased or, if the deceased is the dependent of a veteran, the name of the deceased and the name, rank, and branch of service of the eligible veteran. (B) Dates of service. (C) Location of the remains and a telephone number and name for the contact at that location. (2) If, pursuant to Section 951.5, the public administrator of a county determines, without the involvement of the county veteran service officer, that the remains belong to a veteran or dependent of a veteran, the public administrator shall report this information to the county veteran service officer. Following this report, the county veteran service officer shall follow the reporting procedures described in paragraph (1). (b) The Department of Veterans Affairs shall create and maintain a list of veterans and dependents of veterans whose remains are reported pursuant to subdivision (a). This list shall be available to the representatives of veterans’ remains organizations by telephone or in person. (Added by Stats. 2012, Ch. 722, Sec. 3. (AB 1806) Effective January 1, 2013.) - 960. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. )
Cemetery officers must keep certain veterans’ graves properly marked, maintained, and free from weeds, rubbish, and damage.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 960. Whenever in any cemetery or place of burial of human remains, which is established or organized under the authority of the board of supervisors of any county or the governing body of any city, there is any known grave of a former soldier, sailor, or marine of the United States who was not dishonorably discharged from the service, the officers who manage such cemetery or place of burial shall keep such grave properly marked and identified, and free from weeds and rubbish, and keep in decent order and repair and free from defacement, injury, and unlawful markings any tomb, monument, gravestone, wall, or other appurtenance to such grave. (Enacted by Stats. 1935, Ch. 389.) - 960.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. )
County supervisors and city governing bodies may maintain certain veterans’ graves and related memorials in cemeteries or burial places, if they have the cemetery managers’ consent.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 960.5. Whenever in any cemetery or place of burial of human remains there is any known grave of a former soldier, sailor, or marine of the United States who was not dishonorably discharged from the service, the board of supervisors of any county as to territory, whether incorporated or not, within it, and the governing body of the city as to territory within it, with the consent of the officers who manage such cemetery or place of burial, if any may keep such grave properly marked and identified, and free from weeds and rubbish, and keep in decent order and repair and free from defacement, injury, and unlawful markings any tomb, monument, gravestone, wall, or other appurtenance to such grave. (Amended by Stats. 1957, Ch. 1867.) - 961. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. )
Certain fraternal or benevolent organizations may apply to the county board of supervisors for help maintaining a veterans’ burial plot, and the board may provide upkeep if need is shown.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 961. Any fraternal or benevolent organization which maintains a plot in a place of burial mentioned in section 960, which is devoted exclusively to the burial of soldiers, sailors, or marines of the United States, may apply under this article to the board of supervisors of the county in which the plot is maintained. Upon a showing of need, the board may keep the plot free from weeds and rubbish, and keep in decent order and repair and free from defacement and injury any tomb, monument, gravestone, wall, or other appurtenance to the graves in the plot. (Enacted by Stats. 1935, Ch. 389.) - 962. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. )
Officers responsible for raising tax money for a cemetery or burial place must set the tax levy high enough to meet this article’s requirements.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 3. Care of Veterans’ Graves [960 - 962] ( Article 3 enacted by Stats. 1935, Ch. 389. ) ## 962. The officers who are charged by law with raising money by taxation for maintaining any such cemetery or place of burial shall fix the tax levy at an amount sufficient to comply with the requirements of this article. (Enacted by Stats. 1935, Ch. 389.) - 970. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
County boards may appoint and set qualifications and pay for a county veterans service officer, who must be a veteran and must administer and investigate chapter aid matters.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 970. (a) The board of supervisors of each county may, but is not required to, appoint, prescribe the qualifications of, and fix the compensation of an officer to be titled “county veterans service officer.” The appointee shall be a veteran. (b) It shall be the duty of the county veterans service officer to administer the aid provided for in this chapter, to investigate all claims, applications, or requests for aid made pursuant to the terms of this chapter, and to perform any other veteran related services as requested by the county board of supervisors. (c) Notwithstanding subdivision (a), two or more counties may jointly establish a single county veterans service office which shall serve all the counties that agree to the joint establishment of that office. (Amended by Stats. 2013, Ch. 186, Sec. 5. (SB 815) Effective January 1, 2014.) - 971. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
County veterans service officers must help specified veterans, former members, and certain dependents pursue claims and benefits, and must handle referred claims against the United States.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 971. (a) The county veterans service officer shall assist every veteran of any war of the United States and every qualified former member, and the dependents of every deceased veteran and every qualified former member, in presenting and pursuing any claim the veteran or the qualified former member may have against the United States and in establishing the veteran’s or qualified former member’s right to any privilege, preference, care, or compensation provided for by the laws of the United States or of this state. (b) The county veterans service officer shall present and pursue claims against the United States referred by any public agency pursuant to Section 721. (c) For purposes of this section, “qualified former member” means any former member of the United States Armed Forces, who is eligible under federal law to receive any veterans benefit from the United States Department of Veterans Affairs or any other agency of the federal government. (Amended by Stats. 2013, Ch. 186, Sec. 6. (SB 815) Effective January 1, 2014.) - 972. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
The board of supervisors may help the county veterans service office. If a veterans service officer position is created and filled, the county pays the compensation and expenses, and the Department of Veterans Affairs pays each county part of those costs under department-set conditions. Certain state money cannot include funds from the Veterans’ Farm and Home Building Fund of 1943.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 972. (a) The board of supervisors may provide the county veterans service office with any assistance and facilities that it determines to be necessary. (b) If the position of veterans service officer is created and filled, the compensation and expenses of the county veterans service office shall be a county charge, but the Department of Veterans Affairs, out of state moneys available therefor, shall pay each county a portion of those costs in an amount determined by the department, conditioned upon the observance of standards and regulations adopted by, and in compliance with the direction of, the department and its authorized representatives. (c) State money available for paying counties any portion of the cost of the compensation and expenses of county veterans service offices shall not include any funds of the Veterans’ Farm and Home Building Fund of 1943. (Amended by Stats. 1992, Ch. 1274, Sec. 3. Effective January 1, 1993.) - 972.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
The Department of Veterans Affairs must annually calculate veteran benefits attributable to county veterans service officers, send that determination to the Department of Finance and the Legislature by October 1, and the Department of Finance must review it for budget use.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 972.1. (a) The sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the Department of Veterans Affairs for allocation, during the 1989–90 fiscal year, for purposes of funding the activities of county veterans service officers pursuant to this section. Funds for allocation in future years shall be as provided in the annual Budget Act. (b) Funds shall be disbursed each fiscal year on a pro rata basis to counties that have established and maintain a county veterans service officer in accordance with the staffing level and workload of each county veterans service officer under a formula based upon performance that shall be developed by the Department of Veterans Affairs for these purposes, and that shall allocate county funds in any fiscal year for county veterans service officers in an amount not less than the amount allocated in the 1988–89 fiscal year. (c) The department shall annually determine the amount of new or increased monetary benefits paid to eligible veterans by the federal government attributable to the assistance of county veterans service officers. The department shall, on or before October 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year. (d) (1) The Legislature finds and declares that 50 percent of the amount annually budgeted for county veterans service officers is approximately eleven million dollars ($11,000,000). The Legislature further finds and declares that it is an efficient and reasonable use of state funds to increase the annual budget for county veterans service officers if it is justified by the monetary benefits to the state’s veterans attributable to the effort of these officers. (2) It is the intent of the Legislature, after reviewing the department’s determination in subdivision (c), to consider an increase in the annual budget for county veterans service officers in an amount not to exceed five million dollars ($5,000,000), if the monetary benefits to the state’s veterans attributable to the assistance of county veteran service officers justify that increase in the budget. (Amended by Stats. 2023, Ch. 694, Sec. 1. (AB 1566) Effective January 1, 2024.) - 972.2. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
The Veterans Service Office Fund exists in the State Treasury, and money in it may be used by the Department of Veterans Affairs, if the Legislature appropriates it, to support county veterans service offices.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 972.2. (a) There is in the State Treasury the Veterans Service Office Fund. (b) Commencing January 1, 1995, the Veterans Service Office Fund shall be available, upon appropriation by the Legislature, to the Department of Veterans Affairs for allocation and disbursement to counties for the operation of county veterans service offices. (c) It is the intent of the Legislature, in enacting this section, that revenues from the special interest license plate fees for license plates issued pursuant to Article 8.1 (commencing with Section 5025) of Chapter 1 of Division 3 of the Vehicle Code, and deposited in the Veterans Service Office Fund, shall be used to expand the support of county veterans service offices. (Added by Stats. 1992, Ch. 1274, Sec. 4. Effective January 1, 1993.) - 972.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
The Department of Veterans Affairs may make agreements with state agencies for federal matching funds, and it must distribute the resulting funds to counties for county veteran service officers’ salaries and expenses using a workload-based pro rata formula.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 972.5. (a) The Department of Veterans Affairs may enter into an agreement with the State Department of Health Services and the State Department of Social Services for purposes of obtaining federal matching funds for the Department of Veterans Affairs to contribute toward the salaries and expenses of county veteran service officers for their activities which are reasonably related to the programs of the State Department of Health Services and the State Department of Social Services which are benefited, or realize cost avoidance, as a result of the services of those officers. (b) At such time as the United States Department of Health and Human Services makes available additional federal financial participation, the State Department of Social Services may enter into an agreement with the Department of Veterans Affairs for those county veteran service officers’ activities specified in subdivision (a). Such an agreement shall have no adverse impact on the General Fund. (c) The sums obtained each fiscal year pursuant to subdivision (a) shall be disbursed by the Department of Veterans Affairs to counties for payment of salaries and expenses of county veteran service officers. The Department of Veterans Affairs shall make the disbursement to a county on a pro rata basis in accordance with the actual workload of each county veteran service officer under a formula based on performance to be developed by the Department of Veterans Affairs for these purposes. (Amended by Stats. 1989, Ch. 474, Sec. 1.) - 973. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
A county veteran service officer may administer oaths, affirmations, affidavits, and acknowledgments, and may use other notary public powers when assisting veterans with their affairs. No fee may be charged for that service.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 973. The county veteran service officer shall have power to administer and certify oaths and affirmations, take and certify affidavits and acknowledgments, and exercise any other power of a notary public, as a part of his duties under the provisions of this chapter in assisting veterans with respect to their affairs. The county veteran service officer shall not charge any fee for such service. (Amended by Stats. 1965, Ch. 436.) - 974. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
The Department of Veterans Affairs must prepare an annual report on county veterans service officers and send it to specified state recipients.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 974. (a) The Department of Veterans Affairs shall annually prepare a report of the activities of county veterans service officers, and may require each county veterans service officer to submit information required to prepare the report. The report shall include the following: (1) The number of veterans and their family members who have contacted or utilized the services of the county veterans service offices during the fiscal year. (2) The number of claims filed to achieve benefits such as pension, disability compensation, and health care on behalf of veterans and their dependents. (3) The annualized monetary value of benefits received by veterans and their dependents as a result of the efforts of county veterans service offices, broken down by type of benefit. (4) A summary of other services provided by county veterans service offices and special events and activities in which county veterans service offices participated, such as veterans outreach events, homeless veteran “Stand Downs,” and job fairs for veterans. (5) The composition of the county office, including the number of staff, and how many are administrative, clerical, or directly supporting claims filed on behalf of veterans. (6) The annual funding of the county veterans service office by the county, including year-to-year changes and funding over the previous five years. (b) The information required to be included in paragraphs (1) to (3), inclusive, of subdivision (a) shall be set forth for each county together with a statewide total. (c) For purposes of implementing this section, the department may require county veterans service officers to apply uniform measurement and workload units, claims, and other information required by the department under this section. (d) The department shall transmit a copy of the report to the Department of Finance, the State Department of Health Care Services, the California Veterans Board, and to each Member of the Legislature. (Amended by Stats. 2023, Ch. 694, Sec. 2. (AB 1566) Effective January 1, 2024.) - 974.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. )
The departments may make interagency agreements with participating counties, and they must jointly report progress to the Legislature by January 1, 2002. The veteran service center must be staffed with knowledgeable persons and equipped with needed resources and materials.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 4. Administration [970 - 974.5] ( Article 4 added by Stats. 1939, Ch. 429. ) ## 974.5. (a) The purpose of this section is to provide a mechanism to facilitate the delivery of complete, efficient information and other services to veterans in a convenient setting. (b) By July 1, 1999, the Department of Veterans Affairs and the Department of Employment Development may enter into interagency agreements with individual counties that elect to participate in the program pursuant to this section, after a determination that services to be provided pursuant to this section are not otherwise being provided and would, thus, not be duplicated. Services provided pursuant to this section shall not be contrary to the purposes of, nor shall they be in conflict with, any one-stop service program provided under federal guidelines. Pursuant to the agreements the departments may agree to provide resources and staff, or both, as necessary to locate within a single facility owned by the participating county, under the coordination of the county veteran service director, a more complete and convenient local service program for veterans. (c) The veteran service center shall be staffed with persons knowledgeable in employment and veterans benefits issues, and shall contain all necessary resources, information, forms, and other materials necessary for a veteran to receive full employment assistance and a complete assessment of veterans benefits to which they are entitled. (d) The Department of Veterans Affairs and the Department of Employment Development, after consulting with participating counties, shall jointly report to the Legislature by January 1, 2002, regarding the progress of the program. (Amended by Stats. 2024, Ch. 129, Sec. 74. (SB 1097) Effective January 1, 2025.) - 975. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 5. Veterans’ Affairs Commissions [975 - 975.5] ( Article 5 added by Stats. 1985, Ch. 638, Sec. 1. )
A county board of supervisors may create and appoint members to a veterans’ affairs commission.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 5. Veterans’ Affairs Commissions [975 - 975.5] ( Article 5 added by Stats. 1985, Ch. 638, Sec. 1. ) ## 975. The board of supervisors of any county may create and appoint members to a veterans’ affairs commission either as an independent agency or in conjunction with a California National Guard members’ commission or a veterans’ memorial commission, or in any combination of these commissions. (Added by Stats. 1985, Ch. 638, Sec. 1.) - 975.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 5. Veterans’ Affairs Commissions [975 - 975.5] ( Article 5 added by Stats. 1985, Ch. 638, Sec. 1. )
The Department of Veterans Affairs must provide or establish paid veterans assistant positions in Los Angeles, San Diego, and San Francisco, and those assistants must do outreach, counseling, and referrals for veterans.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 5. Local Aid [920 - 975.5] ( Chapter 5 enacted by Stats. 1935, Ch. 389. ) ## ARTICLE 5. Veterans’ Affairs Commissions [975 - 975.5] ( Article 5 added by Stats. 1985, Ch. 638, Sec. 1. ) ## 975.5. (a) The Department of Veterans Affairs shall provide for one paid veterans assistant position within the office of the county veteran service officer for the County of Los Angeles. The department shall establish one similar position for the County of San Diego and one similar position for the City and County of San Francisco. (b) The veterans assistants employed under subdivision (a) shall conduct outreach programs in order to make veterans aware of readjustment counseling services and alcohol and drug abuse programs offered by community-based organizations and city, county, and federal agencies. The veterans assistants shall advise and counsel veterans concerning readjustment counseling programs and refer veterans to appropriate community-based or city, county, or federal counseling programs. (Amended by Stats. 1994, Ch. 372, Sec. 3. Effective January 1, 1995.) - 980. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 1. Veterans [980 - 980.5] ( Article 1 added by Stats. 1943, Ch. 627. )
This section defines who counts as a “veteran” for this chapter and lists several exclusions.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 1. Veterans [980 - 980.5] ( Article 1 added by Stats. 1943, Ch. 627. ) ## 980. (a) As used in this chapter, “veteran” means any of the following: (1) A citizen of the United States who served in the active military, naval, or air service of the United States on or after April 6, 1917, and prior to November 12, 1918, and who received an honorable discharge or was released from active duty under honorable conditions. (2) A person who did all of the following: (A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. (B) Received an honorable discharge or was released from active duty under honorable conditions. (C) Performed any portion of that service during any of the following periods: (i) On or after December 7, 1941, and prior to January 1, 1947, including, but not limited to, members of the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”). (ii) On or after June 27, 1950, and prior to February 1, 1955. (iii) On or after February 28, 1961, and prior to August 5, 1964, in the case of a veteran who served in the Republic of Vietnam during that period. (iv) On or after August 5, 1964, and prior to May 8, 1975. (v) On or after August 2, 1990, to and including the date on which the territories in and around the Arabian Peninsula cease to be designated as a place where the Armed Forces of the United States are engaged in combat, as described in Executive Order 12744 of the President of the United States. It is the intent of the Legislature, in enacting this clause, that the benefits provided by this chapter shall be available to all veterans who were on active duty in the Armed Forces of the United States or who were called to active duty in the reserves or National Guard during the pendency of the deployment of forces for Operation Desert Shield or Desert Storm, which resulted in Executive Order 12744, irrespective of whether these veterans served overseas or in the United States. (vi) At any time, in a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty. (vii) At any time in Somalia, or in direct support of the troops in Somalia, including, but not limited to, persons stationed on ships of the Armed Forces of the United States conducting support activities offshore in the vicinity of Somalia, during Operation Restore Hope, regardless of the number of days served. (3) A member of the reserves or National Guard who does all the following: (A) Is called to, and released from, active duty or active service, regardless of the number of days served. (B) Is called during any period when a presidential executive order specifies the United States is engaged in combat or homeland defense. (C) Has received an honorable discharge or was released from active duty or active service under honorable conditions. (4) A person who did all of the following: (A) Served in the Merchant Marine Service of the United States. (B) Has been granted veteran status by the United States Secretary of Defense under Title IV of the GI Improvement Act of 1977 (Public Law 95-202, as amended). (5) A person who qualifies under federal laws for revenue bond or unrestricted funds (26 U.S.C. Sec. 143) and did all of the following: (A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days. (B) Received an honorable discharge or was released from active duty or active service under honorable conditions. (6) A person who qualifies for funds made available from a qualified mortgage revenue bond issued pursuant to Section 143 of Title 26 of the United States Code and is, at the time of application for Cal-Vet benefits, a member of the California National Guard or a reserve component of any branch of the Armed Forces of the United States who has enlisted or been commissioned in that service for a period of not less than six years and has completed a minimum of one year of satisfactory service, or who was a member of the California National Guard or a reserve component of any branch of the Armed Forces of the United States who has completed not less than a six-year commitment and was released under honorable conditions. (b) For purposes of this chapter “veteran” does not include any of the following: (1) A person who was separated from the Armed Forces under other than honorable conditions. (2) A person who was separated from the Armed Forces on account of alienage. (3) A person who performed no military duty whatever or refused to wear the uniform. (4) A person who served only in an auxiliary or reserve component of the Armed Forces whose service therein did not provide an exemption from the operation of the federal Selective Training and Service Act of 1940 (Public Law 76-783: 54 Stat. 885, as amended). (5) A person whose service with the Armed Forces was due to temporary active duty orders for the sole purpose of training duty, processing, or a physical examination, except as provided for in paragraph (6) of subdivision (a). (6) A person whose only service was as a student at a military academy and who, for any reason, failed to complete the course of study and subsequently did not serve on active duty. (c) For purposes of this section, “active duty” or “active service” is defined as provided in Section 101(d) of Title 10 of the United States Code. (Amended by Stats. 2021, Ch. 549, Sec. 2. (SB 661) Effective January 1, 2022.) - 980.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 1. Veterans [980 - 980.5] ( Article 1 added by Stats. 1943, Ch. 627. )
If this chapter conflicts with the federal Mortgage Subsidy Bond Tax Act of 1980 or related federal rules, the department must follow the federal law or regulation as needed to keep certain bonds tax-exempt.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 1. Veterans [980 - 980.5] ( Article 1 added by Stats. 1943, Ch. 627. ) ## 980.5. In the event of any conflict between any provision of this chapter and the federal Mortgage Subsidy Bond Tax Act of 1980 (P.L. 96-499; 94 Stat. 2660), including any amendment thereto and any regulation issued thereunder, the department shall comply with that federal law or regulation and any other federal law or regulation to the extent necessary to maintain the tax-exempt status of any issue of general obligation or revenue bonds. Any prior action of the department to effect that compliance is hereby confirmed and ratified, it having been at all times the intent of the Legislature that the tax-exempt status of those bonds be maintained. (Added by Stats. 1985, Ch. 416, Sec. 2.) - 981. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
This section creates the California Veterans’ Educational Institute and places it under the control of the Department of Veterans Affairs.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981. There is in the state government an educational institution known as the California Veterans’ Educational Institute, which is under the management and control of the Department of Veterans Affairs. The purpose of the institute is to provide opportunities for veterans to continue their education. (Amended by Stats. 1961, Ch. 86.) - 981.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
Veterans who want to continue their education may apply for admission, and the department must take over supervision if it finds the veteran’s educational needs can be met.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.1. Any veteran who desires to continue his education may apply for admission to the institute and if, in the opinion of the department, the educational needs and desires of the veteran can be satisfactorily met, the department shall assume state wardship and supervision over the education of such veteran. The department may provide for such education in educational institutions in this State, or in other states, or in other countries, when necessary or desirable for postgraduate or professional college courses. The department may provide educational counsel for students and assist them in securing admission to suitable institutions of learning in either public or private school field. The department may assist any eligible veteran who may apply for a short intensive postgraduate or training or refresher course in any professional field where the purposes of such course are to prepare the veteran for a state examination which he must pass as a prerequisite to practice his profession in the State of California or where said course or courses will acquaint the veteran in professional techniques developed in private practice during the time that he was in the service. (Amended by Stats. 1959, Ch. 2082.) - 981.15. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
This section defines “suitable institutions of learning” to include postgraduate schools, colleges, universities, and other institutions of learning, but excludes schools where students receiving veteran subsidy make up more than 85% of enrollment.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.15. “Suitable institutions of learning,” as used in this article, includes postgraduate schools of colleges, universities, or other institutions of learning, but does not include educational institutions whose enrollment of students receiving federal or state veteran subsidy exceeds 85 percent of their total enrollment. (Amended by Stats. 1953, Ch. 475.) - 981.2. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
The department may pay eligible students $100 per month for educational attendance and study, if funds allow.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.2. The department, insofar as the funds permit, may provide an allowance of one hundred dollars ($100) for each month the student is in satisfactory and actual full-time attendance at an educational institution, and pursuing a course of study leading to a bachelor of arts or bachelor of science degree, or to a recognized degree, license, certificate, or diploma. For purposes of this section, the term “full-time attendance” shall be defined in the same manner as it is defined by the educational institution attended by the student. For purposes of this section, “educational institution” shall be defined as any school or college of the collegiate level accredited by the Western Association of Schools and Colleges, including a community college, and shall include a vocational school or any other school approved by the State Department of Education for the purpose of receipt by a student of educational benefits afforded by the United States Department of Veterans Affairs. The department may provide for such educational benefits for full-time students pursuing a course of study leading to a recognized postgraduate or professional degree, license, certificate, or diploma in educational institutions in other states or in other countries when such course of study is otherwise unavailable to the student. (Amended by Stats. 2013, Ch. 186, Sec. 7. (SB 815) Effective January 1, 2014.) - 981.3. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
This section caps educational assistance at $1,200 per veteran and blocks eligibility if the student has not used up VA educational benefits or if four years have passed since those benefits ended.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.3. The amount expended on account of any one veteran under this article shall not exceed one thousand two hundred dollars ($1,200). Eligibility for benefits conferred under this article shall not be granted if either the student has not exhausted their rights to educational benefits afforded by the United States Department of Veterans Affairs, or four years have elapsed from termination of educational benefits afforded by the United States Department of Veterans Affairs. (Amended by Stats. 2024, Ch. 129, Sec. 75. (SB 1097) Effective January 1, 2025.) - 981.4. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
The department must review veterans’ applications for admission to the institute in the order received, and if funds are not enough, it must assume wardship over the veterans most urgently needing further education.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.4. The department shall consider the application of veterans for admission to the institute in the order in which they are received. If the funds available are insufficient to meet the obligations which would arise from the guardianship of all worthy applicants, the department shall assume wardship over such veterans as are most urgently in need of further education. (Amended by Stats. 1961, Ch. 86.) - 981.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
The department may cooperate and confer with authorized U.S. agencies when carrying out this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.5. The department may co-operate and confer with authorized agencies of the United States in carrying out the provisions of this article. (Amended by Stats. 1961, Ch. 86.) - 981.6. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
A veteran who is receiving federal educational benefits cannot also receive the article’s educational benefits at the same time.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.6. No veteran who is receiving federal educational benefits shall be eligible to receive the educational benefits provided by this article during such time that he is receiving federal educational benefits. (Added by Stats. 1953, Ch. 354.) - 981.7. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
This section says Article 2 does not repeal the 1921 law that appropriates money for veterans’ educational assistance.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.7. Nothing in this article shall be construed as repealing the provisions of Chapter 579, Statutes of 1921, appropriating money for educational assistance to veterans. (Added by Stats. 1943, Ch. 627.) - 981.8. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. )
The Office of the Adjutant General is requested to annually provide certain education-assistance materials and related contact information to specified Guard and Militia members without a baccalaureate degree, and to help them complete the forms.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 2. Educational Assistance [981 - 981.8] ( Article 2 added by Stats. 1943, Ch. 627. ) ## 981.8. (a) The Office of the Adjutant General is requested to annually make all of the following available to each member of the California National Guard, the State Guard, and the Naval Militia who does not have a baccalaureate degree: (1) A copy of the enrollment fee waiver application of the Board of Governors of the California Community Colleges. (2) A copy of the Free Application for Federal Student Aid (FAFSA). (3) A copy of the latest brochure or information relative to the current federal Post-9/11 GI Bill. (4) A copy of the latest brochure or information relative to the California National Guard Education Assistance Award Program. (5) The contact information for a County Veterans Service Officer or the division responsible within the California Department of Veterans Affairs for higher education or the California National Guard. (b) The Office of the Adjutant General is requested to provide assistance as necessary to help the members complete the forms made available to them under subdivision (a). (Amended by Stats. 2020, Ch. 97, Sec. 44. (AB 2193) Effective January 1, 2021.) - 987.001. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
This article may be cited as the Veterans Housing and Homeless Prevention Act of 2014.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.001. This article may be cited as the Veterans Housing and Homeless Prevention Act of 2014. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013. Note: Sections 987.01 through 987.31 are located in Article 3; Sections 987.50 through 987.93 are located in Article 3.1.) - 987.002. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
This section says the article is meant to support affordable housing and related facilities for veterans and their families, and any program under it must be limited to veterans and their families.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.002. (a) The purpose of this article is to provide the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability. (b) A program established under this article shall be restricted to veterans and their families. (c) The California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs, herein after “departments,” shall work collaboratively pursuant to the memorandum of understanding, as specified in Section 987.006, to carry out the duties and functions of this article. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013.) - 987.003. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
This section defines terms used in the Veterans Housing and Homeless Prevention Act of 2014.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.003. As used in this article: (a) “Affordable rental housing” shall mean a rental housing development, as defined in subdivision (d) of Section 50675.2 of the Health and Safety Code, with affordable rents, as defined in subdivision (a) of Section 50675.2 of the Health and Safety Code, but neither definition is restrictive to only projects with five or more units. (b) “Extremely low income” has the same meaning as defined in Section 50106 of the Health and Safety Code. (c) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (d) “Qualified entity” means an entity that is responsible for making referrals of qualified tenants to qualified units. (e) “Qualified tenant” means an extremely low income veteran who is homeless. (f) “Qualified unit” means a supportive housing unit restricted to extremely low income veterans pursuant to this article. (g) “Secondary tenants” means a veteran who is homeless and has an income of up to 60 percent of the area median income. (h) “Supportive housing” has the same meaning as defined in subdivision (h) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units. (i) “Transitional housing” has the same meaning as defined in subdivision (i) of Section 50675.2 of the Health and Safety Code, but is not restrictive to only projects with five or more units. (j) “Veteran” means any person who served in the active military, naval, or air service of the United States, or as a member of the National Guard who was called to and released from active duty or active service, for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. (Amended by Stats. 2024, Ch. 918, Sec. 1. (AB 535) Effective September 29, 2024.) - 987.004. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
The departments exclusively administer this article, and administrative costs may not exceed 5% of the bond funds issued.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.004. The administration of this article is vested solely in the departments. Total costs of administering this article shall not exceed 5 percent of the bond funds issued. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013.) - 987.005. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
The departments must run housing and support programs for veterans facing homelessness, set funding and housing mix requirements, and handle petitions for secondary tenants within set timelines.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.005. (a) The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following: (1) Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources. (2) Ensure projects combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation. (3) Promote public and private partnerships. (4) Foster innovative financing opportunities. (5) Ensure program guidelines and terms provide threshold requirements to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans. (b) (1) The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes. (2) Except as provided in paragraph (5) and subdivision (h), in determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a household’s income sources upon initial tenancy. (3) At least 60 percent of units funded targeting extremely low income households shall be supportive housing. (4) This section shall not deter the departments from funding projects serving mixed-income populations. (5) (A) A qualified entity tasked with making referrals to qualified units targeted to extremely low income households may submit a petition to the departments pursuant to subdivision (c) for the purposes of requesting authority to lease the qualified unit to secondary tenants if the qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 60 days of the unit becoming available. The qualified entity may submit an application to the departments 30 days after the unit becoming available for occupancy, provided that the unit is vacant for at least 60 days at the time the departments approve the petition. The departments may not approve a petition if it would result in any changes other than tenant income eligibility criteria, as described in this section, that may impact the project’s regulatory agreement. (B) This shall include circumstances in which approving a petition for a qualified entity to house tenants with incomes up to 60 percent of the area median income would cause a supported development to have less than 50 percent of its units occupied by tenants with extremely low incomes. The supported development shall not have less than 30 percent of its units occupied by tenants with extremely low incomes. (C) If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), that unit shall be redesignated to an area median income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household income’s percentage of the area median income. (D) Beginning 12 months after the petition has been approved, if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area median income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement. (6) The qualified entity tasked with making referrals to these units shall make a good faith effort to match a tenant with an extremely low income before submitting a petition to the departments, document these good faith efforts, submit this documentation as part of the petition, and make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the departments. Documentation of these good faith efforts shall include, but not be limited to, the following: (A) Efforts to advertise to the community at least 90 days prior to the lease-up of the building. (B) Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness. (C) Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes. (D) Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes. (E) Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit. (c) The departments shall create a standardized form for the submission of petitions described in paragraph (5) of subdivision (b). (1) Upon receiving a petition pursuant to this section, the departments shall do both of the following: (A) Review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and other laws established by the Internal Revenue Service and the departments. (B) Provide a written determination approving or denying the petition. The written determination shall be provided to the qualified entity as soon as possible, but no later than 30 days after the departments receive the petition. (2) If necessary, the departments may create written rules for the review of and determination on the petitions that are consistent with the requirements of this section, including, but not limited to, additional rules related to projects seeking approval before permanent loan conversion. (d) The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee. (f) (1) Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence. (2) A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner. (3) For purposes of this subdivision, “women-only facilities” means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran. (g) In administering the programs established under this article, the departments shall do all of the following: (1) Make program funds available at the same time funds, if any, are made available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). (2) Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this article in addition to those used in the Multifamily Housing Program. (3) Administer funds subject to this article in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). (4) Only applications serving veterans and meeting any additional threshold requirements established by the departments, shall be eligible to receive funds pursuant to this article. (h) In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, an income eligibility determination shall not take into consideration service-connected disability benefits received by the potential tenant. (Amended by Stats. 2025, Ch. 67, Sec. 150. (AB 1170) Effective January 1, 2026.) - 987.006. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
The departments must enter into a memorandum of understanding by August 15, 2014, and submit it to the Senate and Assembly Budget Committees.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.006. (a) No later than August 15, 2014, the departments shall enter into a memorandum of understanding to address their respective and shared responsibilities in implementing, overseeing, and evaluating this article. (b) No later than August 15, 2014, the departments shall submit the memorandum of understanding to the Senate and Assembly Budget Committees. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013.) - 987.007. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
The departments must convene a stakeholder process to help develop guidelines for implementing any program under this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.007. The departments shall convene a stakeholder process to inform the development of guidelines for the implementation of any program pursuant to this article. Stakeholders represented shall include, but not be limited to, organizations that have experience providing housing or homeless services, or both, to veterans, housing developers, and public and private agencies that serve the veteran population. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013.) - 987.008. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
A housing provider or sponsor may redesignate units in a project if the required veteran-restricted unit count stays the same.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.008. (a) Pursuant to guidelines or terms developed pursuant to this article, a housing provider or sponsor may redesignate units within a project, so long as the same number of units financed under this act remain restricted to veterans and their families. (b) Pursuant to guidelines or terms pursuant to this article, any units financed as supportive or transitional housing units for veterans may be redesignated as affordable rental or supportive housing to allow a veteran resident to remain housed in the project. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013.) - 987.009. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
Bond proceeds deposited in the Housing for Veterans Fund are subject to annual appropriation by the Legislature, despite Government Code Section 13340.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.009. Notwithstanding Section 13340 of the Government Code, the proceeds of bonds deposited in the Housing for Veterans Fund pursuant to Section 998.544 shall be subject to annual appropriation, as determined by the Legislature. (Added by Stats. 2013, Ch. 727, Sec. 3. (AB 639) Effective October 10, 2013.) - 987.010. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
The department must deposit certain repayment money into specified funds, may set aside up to 1.5% of appropriated funds for a default reserve, and may use that reserve for specified housing-related purposes.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.010. (a) For any loans issued pursuant to this article, loan terms shall be consistent with Section 50675.6 of the Health and Safety Code. (b) All moneys received by the department in repayment of loans made pursuant to this article, including interest and payments in advance in lieu of future interest, shall be deposited in the Housing Rehabilitation Loan Fund established by Section 50661 of the Health and Safety Code, and notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for the purposes of the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except as otherwise provided in this section. (c) The department may designate an amount not to exceed 1.5 percent of funds appropriated for use pursuant to subdivision (b) for the purposes of curing or averting a default on the terms of any loan or other obligation by the recipient of financial assistance, or bidding at any foreclosure sale where the default or foreclosure sale would jeopardize the department’s security in the rental housing development assisted pursuant to this article. The funds so designated shall be known as the “default reserve.” (d) The department may use default reserve funds made available pursuant to this section to repair or maintain any rental housing development assisted pursuant to this article that was acquired to protect the department’s security interest. (e) The payment or advance of funds by the department pursuant to this section shall be exclusively within the department’s discretion, and no person shall be deemed to have any entitlement to the payment or advance of those funds. The amount of any funds expended by the department for the purposes of curing or averting a default shall be added to the loan amount secured by the rental housing development and shall be payable to the department upon demand. (f) All moneys set aside for the default reserve by the department pursuant to this section shall be deposited in the Housing for Veterans Fund established by Section 998.544, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for the purposes of the default reserve set forth above in this section. (g) For the purposes of this section, “department” means the Department of Housing and Community Development. (h) This section shall become operative on January 1, 2022. (Repealed (in Sec. 21) and added by Stats. 2020, Ch. 192, Sec. 22. (AB 434) Effective January 1, 2021. Section operative January 1, 2022, by its own provisions.) - 987.011. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. )
In this Los Angeles housing waiver setting, the department may not take negative actions against an owner or management agent if the specified cure, posting, and coordination conditions are met; tenants in qualifying units can also be treated as meeting the program’s income requirements.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.2. The Veterans Housing and Homeless Prevention Act of 2014 [987.001 - 987.011] ( Article 3.2 added by Stats. 2013, Ch. 727, Sec. 3. ) ## 987.011. (a) (1) In the City and County of Los Angeles, where the federal Department of Housing and Urban Development has granted an authority, as defined in Section 34203, a waiver effective August 17, 2024, to allow household income verifications to occur after a lease contract is signed for unhoused populations seeking entry into projects pursuant to or in connection with Section 5.110 of Title 24 of the Code of Federal Regulations, if an owner or a management agent leases a subsidized unit to an unhoused person and subsequently learns and verifies that the unhoused person does not meet applicable income requirements, then the department shall not take any negative actions against the owner or management agent if both of the following conditions are met: (A) The owner or management agent has cured the noncompliance within 24 months of discovery of the violation. (B) The local housing authority and continuum of care have developed and posted on their respective internet websites a plan describing how the local housing authority and continuum of care will coordinate with the owner or management agent to move tenants that do not meet applicable income requirements into affordable housing where the tenant is eligible for occupancy within 24 months of discovery of the violation. Income ineligible tenants shall retain their unhoused targeting eligibility. (2) For purposes of this subdivision, “negative actions” include, but are not limited to, both of the following: (A) Issuing negative points on a current or future application. (B) Imposing a financial penalty. (b) If an agreement between the owner or management agent and the authority or the departments restricts a unit to a tenant earning no more than 30 percent of the area median income, the tenant shall be deemed to satisfy the income requirements of this program during the 24-month period described in paragraph (1) of subdivision (a) if all of the following conditions are met: (1) The tenant experienced homelessness prior to moving into the unit. For purposes of this paragraph, “homelessness” has the same meaning as “homeless,” as that term is defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (2) The tenant self-certified household income at no more than 30 percent of the area median income. (3) A third-party verification shows that the tenant has household income of no more than 50 percent of the area median income, unless the tenant is otherwise eligible pursuant to federal income eligibility requirements. (4) The tenant’s income certification is fully verified in accordance with the program rules within 90 days of the date the tenant took possession of the unit. (5) At least 50 percent of the assisted units restricted to 30 percent area median income are occupied by verified, income-eligible households. (6) The issuing housing authority and continuum of care, in coordination with other public agencies, coordinate with an owner or a management agent and move a tenant found to have a household income of more than 50 percent of the area median income following third-party verification described in paragraph (3) within 24 months of discovery of the violation to an affordable housing unit for which the tenant is eligible without reliance upon the same waiver described in subdivision (a). Income ineligible tenants shall retain their unhoused targeting eligibility. (c) (1) This section does not modify any other eligibility requirements attached to assistance provided by the Department of Housing and Community Development. (2) Tenant self-certified date of birth shall be accepted so long as the agreement between the department and the owner does not impose age-based demographic targeting requirements. (3) If the conditions described in subdivision (b) are met, absent any rent setting methodology from subsidy programs, a tenant whose adjusted income at move-in exceeded 30 percent area median income shall have an effective rent limit for their unit be redesignated to 50 percent of area median income or, if the tenant’s verified income is higher than 50 percent of area median income, an effective rent limit for their unit be redesignated to an area median income level commensurate with the income level. (4) Owner or management agents shall discontinue use of the waiver as described in subdivision (a) in the event that more than 50 percent of the assisted units restricted to 30 percent area median income are occupied by households with adjusted incomes at move-in over 30 percent area median income. (d) This section shall become inoperative on July 31, 2025, or the final expiration date of a waiver as described in subdivision (a), whichever is later, and, as of January 1 of the following year, is repealed. (Added by Stats. 2024, Ch. 491, Sec. 8. (SB 1500) Effective January 1, 2025. Inoperative on or after July 31, 2025, by its own provisions. Repealed January 1 following the inoperative date.) - 987.300. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.3. Supportive Housing for Veterans Funded by Tax Credits and Private Activity Bonds [987.300- 987.300.] ( Article 3.3 added by Stats. 2023, Ch. 760, Sec. 3. )
This section lets a qualified entity place secondary tenants, then certain veteran tenants, if a qualified unit stays vacant after specified waiting periods, and requires good-faith referral efforts and documentation.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.3. Supportive Housing for Veterans Funded by Tax Credits and Private Activity Bonds [987.300- 987.300.] ( Article 3.3 added by Stats. 2023, Ch. 760, Sec. 3. ) ## 987.300. (a) If a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available, the qualified entity shall be eligible to match secondary tenants to the qualified units and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat secondary tenants as eligible for the qualified unit. (b) If, subsequent to the 14 days of the unit becoming available to secondary tenants, the qualified entity is unable to locate, match, or otherwise place either a qualified tenant or a secondary tenant in a qualified unit, the qualified entity shall be eligible to match a veteran experiencing homelessness with an income at or below 60 percent of area median income to the qualified unit and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat the tenants as eligible for the qualified unit. (c) If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), that unit shall be redesignated to an area median income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household income’s percentage of the area median income. (d) Beginning 12 months after a secondary tenant or other tenant who is a veteran experiencing homelessness has been placed pursuant to subdivision (a) or (b), if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a tenant with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area median income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement. (e) (1) The qualified entity tasked with making referrals to qualified units shall make a good faith effort to match a qualified tenant with an extremely low income, shall document these good faith efforts, and shall make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs. Documentation of these good faith efforts shall include, but not be limited to, the following: (A) Efforts to advertise to the community at least 90 days prior to the lease-up of the building. (B) Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness. (C) Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes. (D) Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes. (E) Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit. (2) The California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee may adopt regulations to establish additional documentation standards for demonstrating a good faith effort. (f) If a qualified entity has submitted a petition to the departments pursuant to Section 987.005 for a unit that is a qualified unit under both this section and Section 987.003, the outcome of the petition submitted pursuant to Section 987.005 shall determine whether the qualified entity is able to refer secondary tenants. (g) For purposes of this section, the following definitions apply: (1) “Extremely low income” has the same meaning as defined in Section 50106 of the Health and Safety Code. (2) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (3) “Qualified entity” means an entity that is responsible for making referrals of qualified tenants to qualified units. (4) “Qualified tenant” means an extremely low income veteran who is homeless. (5) “Qualified unit” means a supportive housing unit restricted to extremely low income veterans pursuant to a regulatory agreement with the California Tax Credit Allocation Committee or with a bond issuer under the private activity bonds program administered by the California Debt Limit Allocation Committee. (6) “Secondary tenants” means a veteran who is homeless and has an income of up to 60 percent of the area median income. (7) “Supportive housing unit” has the same meaning as defined in Section 987.003. (8) “Veteran” has the same meaning as defined in Section 987.003. (Amended by Stats. 2025, Ch. 67, Sec. 151. (AB 1170) Effective January 1, 2026.) - 987.50. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This section says the article may be cited as the Veterans’ Farm and Home Purchase Act of 1974, also known as the CalVet Home Loan Program.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.50. This article may be cited as the Veterans’ Farm and Home Purchase Act of 1974, also known as the CalVet Home Loan Program. (Amended by Stats. 2021, Ch. 549, Sec. 4. (SB 661) Effective January 1, 2022.) - 987.51. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This article’s object is to give veterans the opportunity to acquire farms and homes.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.51. The object of this article is to provide veterans with the opportunity to acquire farms and homes. (Added by Stats. 1974, Ch. 1477.) - 987.52. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This section makes the article’s benefits available to veterans defined in Section 980 and to certain active-duty U.S. military or naval service members who otherwise qualify under Section 980.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.52. The provisions of this article are applicable, and the benefits conferred thereby are available, to: (a) Any veteran as defined in Section 980; (b) Any person who is on active duty in the military or naval service of the United States, whose service may or may not have been continuous, and who is in all other respects qualified pursuant to Section 980. (Added by Stats. 1974, Ch. 1477.) - 987.53. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This section defines terms used in the Veterans’ Farm and Home Purchase Act.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.53. As used in this article: (a) “Farm” means a tract of land, which, in the opinion of the department, is capable of producing sufficient income to provide payment of the amortized contract installments, including principal, interest, and taxes. (b) “Home” means a parcel of real estate upon which there is a dwelling house and other buildings that will, in the sole opinion of the department, meet or exceed industry health and safety standards. “Home” includes all of the following: (1) A condominium as defined in subdivision (h). (2) A mobilehome as defined in subdivision (k). (3) A residence with two to four units, inclusive, that satisfies the requirements of Section 143(k)(7) of the Internal Revenue Code where at least one unit is occupied by a veteran and their family. (4) A cooperative dwelling unit as defined in subdivision (s). (c) “Purchaser” means a veteran or any person who has entered into a contract of purchase of a farm or home from the department. (d) “Purchase price” means the price that is paid for the acquisition of any farm or home. (e) “Selling price” means the price for which any farm or home is sold. (f) “Initial payment” means the first payment to be made by a purchaser to the department or the seller for a farm or home. (g) “Progress payment plan” means payment by the department for improvements on real property in installments as work progresses. (h) “Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building on the real property, such as an apartment, which, in the sole opinion of the department, meets minimum property standards as defined by the department. A condominium may include, in addition, a separate interest in other portions of the property. (i) “Effective rate of interest” means the average rate of interest on the unpaid balance due on a participation contract to which the department’s legal rights are subject, and the rate of interest on the unpaid balance of the purchase price, as determined by the department. (j) “Participation contract” means an obligation secured by a deed of trust or mortgage, or other security interest, to include, but not be limited to, mortgage-backed securities, established pursuant to regulations of the department. (k) “Mobilehome” means either a parcel of real estate, or an undivided interest in common in a portion of a parcel of real property, on which is sited one or more mobilehome modules, or a site in a mobilehome park, as defined in Section 18214 of the Health and Safety Code, on which one or more mobilehome modules are sited or are to be sited that will, in the sole opinion of the department, meet minimum property standards as defined by the department and meet all requirements of local governmental jurisdictions. However, where the mobilehome module or modules are sited on trust land, “local governmental jurisdictions” means the tribal governing body. For purposes of this subdivision, “module” means a section of a mobilehome at least 10 feet wide and at least 40 feet long. (l) “Indian veteran” means a veteran, as defined in Section 980, who, in addition, either belongs to an Indian tribe, band, group, reservation, rancheria, or community which is recognized by the United States as eligible for services from the United States Bureau of Indian Affairs or is an Indian beneficiary and who is eligible under this article for purchase by the department of a home or farm sited on trust land. (m) “Trust land,” with respect to an Indian veteran, means land held in trust by the United States government for individual Indians, Indians who belong to Indian tribes, or Indian tribes. (n) “Allotment trust land” means land held by the United States under the Indian General Allotment Act of 1887, as amended, (Chapter 9 (commencing with Section 331) of Title 25 of the United States Code), in trust for an individual Indian or for two or more Indians holding individual interests in common. It includes both trust and restricted public domain allotments and allotments within the boundaries of an Indian reservation. (o) “Tribal trust land” means land held in trust by the United States for an Indian tribe or band. (p) “Tribe” means any Indian tribe, band, group, reservation, rancheria, or community which is recognized by the United States as eligible for services from the United States Bureau of Indian Affairs. (q) “Immediate family” means the spouse or registered domestic partner of a purchaser, the natural or adopted dependent children of the purchaser, and the parents of the purchaser if they are dependent on the purchaser for 50 percent or more of their support. (r) “Indian beneficiary” means an Indian for whom land is held in trust by the United States government. (s) “Cooperative dwelling unit” means a unit in a development owned by a stock cooperative as defined in subdivision (m) of Section 1351 of the Civil Code, including a limited-equity housing cooperative as defined in Section 817 of the Civil Code, or similar entity, the exclusive occupancy of which is established in accordance with cooperative dwelling unit ownership documents. (t) “Cooperative dwelling unit ownership documents” means cooperative housing stock together with any occupancy agreements or similar arrangements between the stock company and the owner of the cooperative housing stock. The cooperative dwelling unit ownership documents for a cooperative dwelling unit shall have terms that are acceptable to the department to allow the department to protect its rights under the applicable contract of purchase. (u) “Cooperative housing stock” means a certificate of stock, a certificate of membership, or other evidence of ownership of an interest, in a stock cooperative as defined in subdivision (m) of Section 1351 of the Civil Code, including a limited-equity housing cooperative as defined in Section 817 of the Civil Code, or similar entity that entitles the purchaser to enter into occupancy agreements or similar arrangements with the stock cooperative, including a limited-equity housing cooperative, or similar entity, to occupy a cooperative dwelling unit. (v) “Property,” except when used in the phrase “real property” or “personal property,” means a farm or a home. (Amended by Stats. 2021, Ch. 549, Sec. 5. (SB 661) Effective January 1, 2022.) - 987.54. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
Only the Department of Veterans Affairs may administer this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.54. The administration of the provisions of this article is vested solely in the Department of Veterans Affairs. (Added by Stats. 1974, Ch. 1477.) - 987.55. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department must adopt rules and regulations to create preferences for granting benefits under this article.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.55. The department shall adopt rules and regulations in keeping with the purpose of this article to establish preferences in the granting of benefits conferred by this article. (Added by Stats. 1974, Ch. 1477.) - 987.56. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department sets veteran eligibility and qualifications, collects applicant information, may investigate further, and must apply a priority order when funds are short.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.56. (a) The department shall prescribe and determine the eligibility and qualifications of all veterans. Any person deeming themselves a veteran and desiring to benefit hereunder, shall submit to the department information, in the form prescribed by the department, that will enable the department to determine their eligibility and qualifications. The department may make further inquiries and investigations in order to determine eligibility and qualifications. (b) Whenever the department determines that a shortage of funds exists in any of the funding sources available, the department shall use the following preference categories for the use of those funds. (1) Veterans who are otherwise qualified because of service during a time of war and who were wounded or disabled as a result of their service shall be given first preference in the benefits conferred by this article. The department shall determine, in each case, whether the veteran was wounded or disabled as a result of service. (2) The following group shall be given second preference in the benefits conferred by this article: (A) The unremarried spouse or registered domestic partner of individuals who were members of the Armed Forces on active military duty and were killed in the line of duty while on active duty. (B) Members of the Armed Forces who were held as prisoners of war. (C) The unremarried spouse or registered domestic partner of members of the Armed Forces who have been designated by the Armed Forces as missing in action. (3) Veterans whose eligibility is derived from service any portion of which was on or after August 2, 1990, and prior to a date to be set by law or by a Presidential proclamation ending the Gulf War, and veterans with wartime service discharged or released from active duty within 10 years of their application to the department shall be given third preference in the benefits conferred by this article. (4) Active members of the California National Guard or a reserve component of a branch of the United States Armed Forces who meet the eligibility criteria of paragraph (3) of subdivision (a) of Section 980 shall be given fourth preference in the benefits conferred by this article. (5) Veterans with wartime service discharged or released from active duty more than 10 years prior to their application to the department shall be given fifth preference in the benefits conferred by this article. (6) Veterans who are otherwise qualified and whose only military service was during a time of peace shall be given sixth preference for the benefits conferred by this article. (7) Veterans eligible for a subsequent loan under subdivision (a) of Section 987.86 shall be given seventh preference in the benefits conferred by this article. (c) Nothing in this section regarding preferences shall affect any eligibility requirement for benefits conferred by this article. (Amended by Stats. 2021, Ch. 549, Sec. 6. (SB 661) Effective January 1, 2022.) - 987.566. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If available funds are exceeded in one or more funding categories, the department may set a filing date for each category to prioritize veterans whose applications were filed on or before that date and later approved.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.566. Whenever applications exceed the amount of funds available in any one or more of the available funding categories, the department may establish a date for each funding category so as to provide funding to veterans whose applications were filed on or before that date, and whose applications are subsequently approved, before funding is made available to those whose applications are filed after that date. (Amended by Stats. 2002, Ch. 465, Sec. 7. Effective January 1, 2003.) - 987.57. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department must require applicants to meet applicable federal rules and filing deadlines for this veterans’ loan program, with a special no-state-deadline rule for certain World War II Philippine service veterans except where federal law still requires a deadline.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.57. (a) The department shall require that all applicants under this article qualify under applicable federal laws and regulations governing the permitted uses of tax-exempt bond funds, and file within the time limits required under applicable federal law and regulations. (b) Notwithstanding any other provision of state law to the contrary, no time limit for filing shall be imposed upon any veterans who served in the Philippine Commonwealth Army, or the Regular Scouts (“Old Scouts”), or the Special Philippine Scouts (“New Scouts”) during World War II, except as required by federal law. (c) Notwithstanding subdivision (a) or any other law, the department shall require all applicants whose loans would be funded from sources other than tax-exempt bond funds, including, but not limited to, mortgage-backed securities, to qualify under the applicable federal laws and regulations governing the source of funds, whether taxable or tax exempt. (Amended by Stats. 2021, Ch. 549, Sec. 7. (SB 661) Effective January 1, 2022.) - 987.58. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
A surviving spouse or domestic partner may take over certain veteran purchase rights if the veteran dies after applying and is approved, and some spouses may apply and receive the same benefits in specified military-death, prisoner-of-war, or missing-in-action situations.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.58. (a) If a veteran dies after filing an application for purchase of a farm or a home, and the veteran’s eligibility and qualifications are subsequently approved, the veteran’s surviving spouse or surviving domestic partner may, in the discretion of the department, succeed to the veteran’s rights under the application, and may succeed to the veteran’s rights, privileges, and benefits under this article. The contract of purchase that the department otherwise would have made with the deceased veteran may be made with the surviving spouse or domestic partner. (b) If a person was a member of the Armed Forces on active military duty, entered active duty while in the State of California and lived in this state for six months immediately preceding entry into active duty, and was killed in the line of duty while on active duty or died after discharge from active duty from injuries incurred in the line of duty while on active duty, that person is a veteran for purposes of this article, and their unremarried surviving spouse, or surviving domestic partner who has not remarried or entered into a domestic partnership with another person, may file an application, is entitled to the same rights, privileges, and benefits for which the Armed Forces member would have been eligible, and may contract with the department pursuant to subdivision (a). In making a determination of eligibility under this subdivision, the department may base its determination on documentation furnished to the surviving spouse or surviving domestic partner by the United States Department of Veterans Affairs specifying the cause of death of the Armed Forces member. (c) If a member of the Armed Forces entered active military duty while in the State of California, lived in this state for six months or more immediately preceding entry into active duty, and is being held as a prisoner of war or has been designated by the Armed Forces as missing in action, that person is a veteran for purposes of this article, and their spouse may file an application, is entitled to the same rights, privileges, and benefits, and may contract with the department pursuant to subdivision (a). (Amended by Stats. 2024, Ch. 129, Sec. 76. (SB 1097) Effective January 1, 2025.) - 987.59. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
A veteran authorized to choose a farm or home must submit that selection for department approval, and the department controls loan underwriting and approval.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.59. (a) When a veteran has been authorized by the department to select a farm or home, the veteran shall submit that selection for approval, as the department prescribes. The department shall have the sole responsibility for the underwriting and approval of all farm or home loans, subject to this article. (b) In order to achieve efficient processing and approval of loans, the department shall do all of the following: (1) The department shall establish all systems, procedures, technologies, and guidelines necessary to achieve efficient processing of farm or home loans submitted for approval by the department, with the intent of achieving loan delivery within the industry standard average number of days. These shall include, but may not be limited to, systems and technologies for the electronic transfer of loan funds and related fees. (2) The department may ensure optimal participation of qualified mortgage brokers and other qualified financial institutions and shall review, standardize, and where possible simplify, the documentation required of mortgage brokers and other qualified financial institutions. The department shall provide adequate training of participating mortgage brokers and other qualified financial institutions. (3) The department shall establish an outreach program to effectively disseminate program information to professional real estate and mortgage broker associations. (4) The department, within the financial constraints of the program, shall offer broker compensation and fees sufficient to ensure optimal participation of the private sector in the loan origination process and consistent with the veteran borrower’s interest in efficient and economical loan processing. (5) The department shall provide access over the internet to veteran applicants and their authorized agents to enable loan applications to be filed electronically. (6) In cooperation with the Office of Administrative Law, the department shall maintain regulations necessary to implement the provisions of this section and Section 987.67. (Amended by Stats. 2021, Ch. 549, Sec. 8. (SB 661) Effective January 1, 2022.) - 987.60. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may buy a farm or home, finance a veteran’s purchase, or contract for construction, but only if the veteran meets listed conditions.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.60. The department may acquire the farm or home, or may provide financing so that a veteran may acquire the farm or home, from its owner or may contract with a veteran for the construction of a dwelling and other improvements for a farm or home, upon the terms agreed under all of the following terms and conditions: (a) The department is satisfied of the desirability of the property submitted. (b) The veteran has agreed with the department that they, or members of their immediate family, will actually reside on the property within 60 days from the date of purchase or, if the residence on the property is not complete on the date of purchase, within 60 days after the residence is completed, and will continue to reside on the property until all payments due the department have been paid or the farm or home is sold, except where the occupancy requirement is waived pursuant to Section 987.62. (c) If the department is to contract with a veteran for the construction of a dwelling and other buildings, or for the purchase of a mobilehome, all of the following are required: (1) The veteran shall be the owner of the real property on which the dwelling and other buildings are to be constructed, or shall be the owner of the real property or shall be the owner of an undivided interest in common in a portion of a parcel of real property on which a mobilehome or cooperative dwelling unit is to be situated, and agrees to convey that property to the department or to allow the department to perfect a security interest in which the property is pledged as collateral in order to secure financing without unnecessary cost. (2) The veteran has paid a reasonable fee set by the department to cover the cost of any preliminary service of the department that may be necessary to process the application. (3) The veteran has filed with the department adequate plans and specifications for the improvements to be constructed upon the real property, together with a contract, executed by a contractor licensed by the State of California for the construction of the improvements in accordance with the plans and specifications within 12 months after the acquisition of the property by the department. The department may require a bond or other security instrument executed by the contractor in an amount determined by the department providing for compliance with the terms of the contract and for the payment of persons furnishing material or labor on the job, executed by a surety company, or other financial institution, authorized to do business in the State of California. The department may also require course-of-construction insurance for public liability, property damage, and workers’ compensation. (4) The plans, specifications, contract, and other required documents or security instruments are approved by the department. (5) The veteran has placed in escrow all sums of money to be advanced by the veteran, where the cost is in excess of the maximum that may be expended by the department. (Amended by Stats. 2021, Ch. 549, Sec. 9. (SB 661) Effective January 1, 2022.) - 987.601. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This section expands certain property terms for Indian veterans and lets the department acquire qualifying leasehold or beneficial interests to secure loans for farm, home, or mobilehome assistance.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.601. (a) For purposes of the construction of a dwelling house or other improvements for a farm or home or the acquisition of a farm or home for an Indian veteran pursuant to this article, references to property or real property include the Indian veteran’s beneficial interest in trust land held by the United States for that veteran and a leasehold interest acquired by the Indian veteran from an Indian beneficiary when the Indian veteran is not a beneficiary of trust land; references to the purchase or acquisition of property or real property include the assignment of an Indian veteran’s beneficial interest in trust land held by the United States for that veteran and a leasehold interest in trust land acquired by an Indian veteran from an Indian beneficiary; references to the sale of property or real property include the assignment of an Indian veteran’s beneficial interest in trust land held by the United States for that veteran and a leasehold interest in trust land acquired by the Indian member from an Indian beneficiary; and references to purchaser, seller, purchase price, and selling price refer to the acquisition or sale of a home situated or constructed upon or a farm comprising an assignment of an Indian veteran’s beneficial interest in trust land held by the United States for that veteran or a leasehold interest in trust land acquired by the Indian veteran from an Indian beneficiary. (b) Subject to the conditions and limitations specified in Section 987.603, the department may acquire an Indian veteran’s leasehold interest in allotment trust land, or a sufficient portion of the leasehold interest necessary to secure the loan, as determined by the department and the Bureau of Indian Affairs, for the purpose of entering into a contract with the Indian veteran for the acquisition of a farm or home or for the construction of a dwelling house or other improvements for a farm or home or for the purchase and installation of a mobilehome on the leasehold land. (c) Subject to the conditions and limitations specified in Section 987.603, the department may acquire an assignment of an Indian veteran’s beneficial interest in trust land held by the United States for that veteran, or a sufficient portion of the beneficial interest necessary to secure the loan, as determined by the department and the Bureau of Indian Affairs, for the purpose of entering into a contract for the acquisition of a farm or home or for the construction of a dwelling house or other improvements for a farm or home or for the purchase of a mobilehome on trust land assigned to the department by the Indian veteran beneficiary. (d) For purposes of this section, the leasehold interest to be acquired by the department shall have been granted by the person or persons for whom the land is held in trust for a term of at least 25 years renewable without notice on the same terms and conditions for an additional period of at least 25 years. The lease shall be in a form acceptable to the department and to the United States Secretary of the Interior. The Indian veteran shall satisfy the department that it and its assignees will have access to the property for the term of the lease. The Indian veteran shall assign the lease to the department without cost and shall obtain the consent of the United States Secretary of the Interior to that assignment. (e) For purposes of this section, the beneficial interest to be assigned by the Indian veteran shall be assigned as security for a contract entered into pursuant to this article. The assignment shall be in a form acceptable to the department and to the United States Secretary of the Interior. The Indian beneficiary veteran shall satisfy the department that the department and its assignees will have access to the property for the term of the assignment. The beneficial interest of the Indian beneficiary veteran shall be assigned at no cost to the department and with the consent of the United States Secretary of the Interior. (Amended by Stats. 1988, Ch. 454, Sec. 8.) - 987.602. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may acquire an Indian veteran’s leasehold interest in tribal trust land, if Section 987.603’s conditions and limitations are met.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.602. (a) Subject to the conditions and limitations specified in Section 987.603, the department may acquire an Indian veteran’s leasehold interest in tribal trust land for the purpose of entering into a contract with the Indian veteran for the acquisition of a farm or home or for the construction of a dwelling house or other improvements for a farm or home or for the purchase and installation of a mobilehome on the leasehold land. (b) For purposes of this section, the leasehold interest to be acquired by the department shall have been granted by the tribe for which the land is held in trust to the Indian veteran for a term of at least 25 years renewable without notice on the same terms and conditions for an additional period of at least 25 years. The lease shall be in a form acceptable to the tribe, the department, and the United States Secretary of the Interior, shall be duly executed in accordance with the tribe’s constitution and bylaws or other tribal laws, and shall provide that the Indian veteran and his assignees shall have access to the property for the term of the lease. The Indian veteran shall assign the lease to the department without cost and shall obtain the consents of the tribe and the United States Secretary of the Interior to that assignment. (Added by Stats. 1979, Ch. 641.) - 987.603. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may acquire certain Indian veteran property interests and contract with the veteran if stated conditions are met.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.603. The department may acquire an assignment of an Indian veteran’s beneficial interest in trust land held by the United States for that veteran or a leasehold interest in trust land acquired by the Indian veteran from an Indian beneficiary and contract with an Indian veteran as provided in Sections 987.601 and 987.602 upon the terms agreed if all of the following conditions are met: (a) The department is satisfied of the desirability of the property submitted. (b) The Indian veteran has agreed with the department that the veteran, or members of the veteran’s immediate family, will actually reside on the property within 60 days from the date of acquisition by the department, or if the residence on the property is not complete on the date of acquisition, within 60 days after the residence is completed. (c) The sum to be expended by the department pursuant to a contract for the acquisition of a home or the construction of a dwelling and other improvements does not exceed the maximum loan amount established pursuant to subdivision (a) of Section 987.65. The sum to be expended by the department pursuant to a contract for the acquisition of a mobilehome on trust land or leasehold land does not exceed the maximum loan amount established pursuant to subdivision (b) of Section 987.65. The sum to be expended by the department pursuant to a contract for the acquisition of a farm on trust land or leasehold land does not exceed the maximum loan amount established pursuant to subdivision (e) of Section 987.65. (d) The Indian veteran has paid a reasonable fee set by the department to cover the cost of preliminary service of the department that may be necessary to process the application. (e) The Indian veteran has filed with the department adequate plans and specifications for the improvements to be constructed upon the property, together with a contract executed by a contractor licensed by the State of California or by an Indian contractor approved by the department for the construction of the improvements, in accordance with the plans and specifications, within 12 months after the assignment of the Indian veteran’s beneficial interest or acquisition of the Indian veteran’s leasehold interest in the property by the department. The department may require a bond or other security instrument executed by the contractor in an amount determined by the department providing for compliance with the terms of the contract and for the payment of persons furnishing material or labor on the job, executed by a surety company, or other financial institution, authorized to do business in the State of California. The department may also require course-of-construction insurance for public liability, property damage, and workers’ compensation. (f) The plans, specifications, contract, and other required documents or security instruments are approved by the department. (g) The Indian veteran has placed in escrow all sums of money to be advanced by the veteran where the cost is in excess of the maximum that may be expended by the department. (Amended by Stats. 2011, Ch. 377, Sec. 6. (AB 1084) Effective September 30, 2011.) - 987.62. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may grant occupancy waivers for certain veterans’ property purchases, and must do so in some health-hazard cases.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.62. (a) The department, after consummating a purchase transaction under the provisions of this article and the veteran having occupied the property as required by Section 987.60 of this article, may: (1) Annually waive the occupancy requirement on a showing of good cause. The property financed under this article is intended to remain owner-occupied, and not become an investment, rental, or business property. (2) Waive the occupancy requirement for any period of time if the property is a farm and if the veteran personally cultivates the property and harvests the crops or tends livestock. (3) Annually waive the veteran-occupied unit of a residence with two or four units. (b) The department shall establish standards for the occupancy waiver and shall make those standards known. (c) The department shall waive the occupancy requirement in any case where the State Department of Health determines that health hazards on adjacent property render the farm, home, or mobilehome unsuitable for occupancy, and the waiver shall be effective as long as those conditions exist. (Amended by Stats. 2021, Ch. 549, Sec. 11. (SB 661) Effective January 1, 2022.) - 987.63. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may waive a veteran’s occupancy requirement and allow leasing, letting, or subletting of a farm or home while the veteran is back in active military service, and for a reasonable time after service ends.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.63. Notwithstanding other provisions of this article relating to the occupancy, leasing, letting, or subletting of a farm or home acquired pursuant to this article, the department, with respect to any veteran who after consummating a purchase of a farm or home under this article and occupying such farms or home reenters the active military, naval, or air service of the United State, may waive the occupancy requirement for the period of such active service and for a reasonable period subsequent to the termination of such active service and consent to the leasing, letting, or subletting of the farm or home during such period or periods. (Added by Stats. 1974, Ch. 1477.) - 987.64. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If this article conflicts with the federal Mortgage Subsidy Bond Tax Act of 1980 or related regulations, the department must follow the federal law as needed to keep the bonds’ tax-exempt status.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.64. In the event of any conflict or difference between any provision of this article and the federal Mortgage Subsidy Bond Tax Act of 1980 (P.L. 96-499; 94 Stat. 2660), including any amendment thereto and any regulation issued thereunder, the department shall comply with that federal law or regulation to the extent necessary to maintain the tax-exempt status of any issue of its general obligation or revenue bonds. Any action taken by the department prior to the effective date of this section to effect that compliance is hereby confirmed and ratified, it having at all times been the intent of the Legislature that the tax-exempt status of those bonds be maintained. (Added by Stats. 1982, Ch. 420, Sec. 2. Effective July 8, 1982.) - 987.65. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This section caps certain purchase prices for veteran home, mobilehome, and farm purchases at specified percentages of federal loan limits.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.65. (a) The purchase price of a home, or the sum to be expended by the department pursuant to a contract for the construction of a dwelling house and other improvements, or the purchase price of a mobilehome sited on a lot owned by the purchaser and installed on a foundation system pursuant to Section 18551 of the Health and Safety Code, or the purchase price of a mobilehome converted to a fixture and improvement to the underlying real property in a mobilehome park that has been converted to a resident-owned subdivision, cooperative, condominium, or nonprofit corporation as set forth in Section 18555 of the Health and Safety Code, shall not exceed 125 percent of the then current maximum United States Department of Veterans Affairs loan limit. (b) The purchase price of a mobilehome that is to be sited in a mobilehome park, as defined in Section 18214 of the Health and Safety Code, in addition to any assistance provided by the department to a veteran pursuant to subdivision (e) of Section 987.85, may not exceed 50 percent of the Federal Housing Finance Agency conforming loan limit for the county in which the mobilehome park is located. (c) A veteran purchasing the home may advance, subject to Section 987.64, the difference between the total price or cost of the home and the sum of the purchase price of the home and any amount the department adds, under Section 987.69, to the purchase price of the home in fixing the selling price to the veteran. Any amount of the purchase price may be provided by funds from participation contracts, revenue bonds, or other traditional funding options, including mortgage backed securities. (d) The purchase price of a farm shall not exceed 150 percent of the limit described in subdivision (a). A veteran purchasing the farm may advance the difference between the total price of the farm, or the cost of the dwelling and improvements to be constructed on a farm under a contract, and the sum of the purchase price or contract price to the department and any amount that the department adds, under Section 987.69, to the purchase or contract price to the department in fixing the selling price of the farm to the veteran. (Amended by Stats. 2021, Ch. 549, Sec. 12. (SB 661) Effective January 1, 2022.) - 987.655. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
For certain mobilehomes to be sited in a mobilehome park, the department must set and charge an interest rate higher than the rate for conventional housing or a mobilehome on the purchaser’s own lot.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.655. For a mobilehome which is to be sited in a mobilehome park as defined in Section 18214 of the Health and Safety Code, the department shall charge a rate of interest higher than that which is charged to purchasers of conventional housing or of a mobilehome sited on a lot owned by the purchaser. The interest rate shall be set by the department to balance lending risk while maintaining a rate at or below the market rate for a mobilehome in a park. (Amended by Stats. 2021, Ch. 549, Sec. 13. (SB 661) Effective January 1, 2022.) - 987.656. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
A mobilehome bought under this act cannot be moved from its original site unless the department first authorizes it.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.656. A mobilehome which is purchased under this act shall not be moved from its original site to any other location, without first obtaining prior authorization from the department. Any person who moves or causes to be moved a mobilehome under this act, without first obtaining approval from the department, shall be jointly and severally liable to the department for the full amount of the mobilehome loan balance. (Added by Stats. 1978, Ch. 13.) - 987.67. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
Before the department buys property, required appraisals must be filed with the department, and each appraisal must be certified by its maker.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.67. Except as set forth in regulations adopted by the department pursuant to Section 987.93 with respect to cooperative dwelling units in lieu of, or in addition to, the provisions of this section, before the purchase of any property by the department there shall be filed with the department (1) an appraisement of the market value of the property by an employee or an authorized agent of the department, (2) an appraisement of the market value of the property by either the Federal Housing Administration or the Veteran’s Administration, and in addition there may be filed with the department an appraisement of the market value of the property by an authorized appraiser of a banking corporation formed under the laws of this state or of a national banking association having a place of business in this state, or (3) an appraisement of the market value of the property by an appraiser licensed or certified in this state. Each appraisement shall be certified by the maker thereof. The certification shall state that it is made in good faith, and that the valuation is honestly determined and represents the bona fide opinion of the maker. (Amended by Stats. 2021, Ch. 549, Sec. 14. (SB 661) Effective January 1, 2022.) - 987.68. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
Before buying property under this article, the department must have the title examined and may require title documents or title insurance; it may also refer the matter to the Attorney General for an opinion.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.68. The department, before consummating a purchase under the provisions of this article, shall cause the title of the property sought to be purchased to be examined and may require for that purpose an abstract, an unlimited certificate of title, or a policy of title insurance, and may refer the same to the Attorney General for his opinion. (Added by Stats. 1974, Ch. 1477.) - 987.69. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department must contract with the veteran to sell the property and set the selling price under the section’s pricing rules. For trust-land sales to an Indian veteran, the contract must require building-code compliance and an inspection certificate.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.69. (a) The department shall then enter into a contract with the veteran for the sale of the property to the veteran. The department shall fix the selling price of the property as the purchase price thereof, as the total cost of improvements constructed, or as the value of the property, as determined by the department when the property is acquired by the department in a manner other than by purchase, to which the department may add all expenses incurred and estimated to be incurred by the department in relation thereto, inclusive of interest, administration, appraisals, examination of title, insurance premiums, mortgage guaranty fees, origination fees, incidental expenses, and the sum deemed necessary to meet unforeseen contingencies. In the case of real property acquired for the purpose of constructing improvements thereon, the department shall forthwith after acquiring that real property enter into the contract with the veteran authorized by this section at a selling price that does not exceed the department’s appraised value of the land, if the loan is to include the value of the land, and the amount of the department’s appraised value of the improvements to be constructed thereon and any of the other additions herein authorized. After the execution of the contract between the veteran and the department and the making of the initial payment thereon the department shall be authorized to pay the cost of the improvements contracted to be constructed on the real property, making progress payments thereon in the amounts and at those times that the department approves. The department shall, upon written request of the veteran and the veteran’s contractor, have authority to approve additions to or deletions from the improvements contracted to be constructed and any savings affected or added cost incurred shall be deducted from or added to the amount due the department by the veteran under the terms of their contract. (b) The department may establish provisions under regulations adopted by the department pursuant to Section 987.93 with respect to cooperative dwelling units in lieu of, or in addition to, those set forth in this section. (c) When the department enters into a contract for the sale of property on trust to an Indian veteran, the contract shall include the following conditions: (1) The dwelling house or other improvements contracted to be constructed on trust land shall be completed in compliance with the standards of the building code applicable on the trust land. If there is no building code in force on the trust land, the applicable standards shall be those of the building code of the county in which the trust land is located. (2) On the completion of construction, the Indian veteran shall provide to the department an inspection certificate from a qualified building inspector certifying that the dwelling house or other improvements comply with the standards of the building code as required by paragraph (1). (Amended by Stats. 2024, Ch. 129, Sec. 77. (SB 1097) Effective January 1, 2025.) - 987.71. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
This section sets payment terms for veterans’ property purchases, including a minimum initial payment, possible waivers and fees, loan term limits, and rules for delaying or adjusting installments.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.71. (a) The purchaser shall make an initial payment of at least 2 percent of the selling price of the property or a higher amount that shall be determined based upon the creditworthiness of the purchaser, and with consideration of their military record, employment record, financial condition, and other similar factors as determined by the department. The department may waive the initial payment in any case where the value of the property as determined by the department from an appraisal equals the amount to be paid by the department plus at least 5 percent. In the case of a purchase requiring a loan guaranty by the United States Department of Veterans Affairs, the department may waive the initial payment and the purchaser shall pay the loan guaranty fee, which may be added to the loan amount. The department may require the purchaser to pay a loan origination fee, not to exceed 1 percent of the loan amount, which may be added to the loan amount. (b) The balance of the loan amount may be amortized over a period fixed by the department, not exceeding 40 years for farms or homes, not including cooperative housing stock related to mobilehomes, and not exceeding 30 years for mobilehomes, including cooperative housing stock related to mobilehomes, located in mobilehome parks, as defined in Section 18214 of the Health and Safety Code, together with interest thereon at the rate determined by the department pursuant to Section 987.87 for these amortization purposes. (c) The department may, in order to allow the veteran to purchase the home selected without incurring excessive monthly payments, at the time of initial purchase, postpone the commencement of payment of the principal balance for a period not to exceed five years if the veteran’s current income meets the standards for purchase on these terms and if the department determines, in accordance with previously established criteria for these determinations, that the veteran’s income can reasonably be expected to increase sufficiently within the five-year period to make the transition to fully amortized principal and interest payments, so long as the total term of the contract of purchase does not exceed 40 years, or 30 years where the contract relates to a mobilehome located in a mobilehome park, as defined in Section 18214 of the Health and Safety Code. (d) The purchaser on any installment date may pay any or all installments still remaining unpaid. (e) In any individual case, the department may for good cause postpone, from time to time, upon terms the department determines to be proper, the payment of the whole or any part of any installment of the purchase price, impounds, fees, charges, or interest thereon. The amount postponed shall be due and payable upon the payment in full of the contract, or upon sale, refinance, or transfer of the farm or home. A loan may be secured by a deed of trust or, if authorized by the department, another form of security. (f) Each installment shall include an amount sufficient to pay the principal and interest on the participation contract to which the interest of the department is subject, and any amount as may be required by a covenant or provision contained in any resolution of issuance. (g) When a purchaser makes an initial payment of less than 20 percent of the selling price of the property, the department shall do all of the following: (1) Take prudent measures to minimize losses from loan defaults and loan delinquencies. (2) (A) Ensure the continued financial solvency of the loan program by charging fees to cover the costs, as determined by the department, of any loan guaranty, primary mortgage insurance, or other similar arrangement. (B) Fees charged under this paragraph may be included in the amount of the loan, collected in advance, or collected as part of the monthly payment. (h) (1) Subject to paragraph (2), the department may provide purchase assistance to purchasers with limited assets, as defined by the department, by providing a deferred-payment second loan, upon which simple interest shall be charged at a rate established by the department. (2) A deferred-payment second loan described in paragraph (1) is subject to all of the following conditions: (A) The loan may not exceed 5 percent of the selling price of the farm or home. (B) The loan shall be secured by a deed of trust or, if authorized by the department, another form of security. (C) The loan shall be due and payable upon the payment in full of the contract or upon the sale, refinance, or transfer of the farm or home. (Amended by Stats. 2021, Ch. 549, Sec. 15. (SB 661) Effective January 1, 2022.) - 987.72. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
Section 987.72 says the special interest-rate rule in Section 987.71 does not apply to nonveteran assignees, and the department sets their interest rate and compounding periods.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.72. The provisions of Section 987.71, relative to the rate of interest to be charged to veteran purchasers do not apply to assignees of such purchasers who are not veterans, but as to such assignees the rate of interest shall be as fixed by the department, compounded at periods fixed by the department. The action of the department in refusing to permit any assignments except as provided in this section is hereby ratified and confirmed, it having at all times been the intent of the Legislature that Section 987.71 apply to veteran purchasers only. (Added by Stats. 1974, Ch. 1477.) - 987.721. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
After a veteran and spouse separate or divorce, a property assignment may be made to the former spouse if the veteran gives up all beneficial interest, there are dependent children living in the property, and the former spouse stays in the home and keeps making the required payments. If the veteran keeps the beneficial interest, the veteran may continue as purchaser if either the veteran or former spouse lives there.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.721. (a) Notwithstanding Section 987.72, upon the dissolution of marriage or legal separation of a veteran contract purchaser and the veteran’s spouse, an assignment may be made in favor of the nonveteran former spouse at the same rate of interest and upon the same terms and conditions as are provided to veteran purchasers provided the veteran’s entire beneficial interest is transferred to the spouse and provided there are one or more dependent children of the veteran occupying the property and the spouse continues to reside in the home and make the payments in the same amount required by the purchase contract. For purposes of this subdivision, any child of the veteran who is legally adopted or who acquires a separate domicile or marries shall not be considered a dependent child. (b) Should the veteran retain entire beneficial interest in the property after dissolution or legal separation, the veteran may continue as purchaser provided either the veteran or the former spouse continues to occupy the property. (Amended by Stats. 1991, Ch. 616, Sec. 2. Effective October 8, 1991.) - 987.73. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may set contract terms and may give written consent for certain property transactions, but consent is generally required before covered property can be transferred or similar changes made. An exception applies for a veteran’s transfer into a revocable trust in a qualifying loan situation.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.73. (a) Except as provided in subdivision (b), the department in each individual case may specify the terms of the contract entered into with the purchaser, but no property sold under this article shall, voluntarily or involuntarily, by operation of law or otherwise, be transferred, assigned, encumbered, leased, let or sublet, in whole or in part, nor shall any mobilehome be removed from its original site, except in case of emergency where temporary removal is necessary to avoid potential damage, without the written consent of the department, until the purchaser has paid therefor in full and has complied with all the terms and conditions of this contract of purchase. The department may give its written consent to such transfers, assignments, encumbrances, leasings, lettings or sublettings, or removals, for good cause shown, subject to the interest of the department and consistent with the purposes of this article. (b) The consent of the department shall not be required where a veteran, alone or jointly with his spouse, transfers his interest in property which is the subject of a loan agreement with the department into a revocable trust established for the benefit of the veteran or of the veteran and his spouse. (c) The department may consent to an assignment in favor of a nonveteran spouse if a veteran purchaser qualifies as “a person in long-term care” as defined in Section 14050.3 of the Welfare and Institutions Code if the department is satisfied that the interest of the veteran is adequately protected. If consent is given to the assignment, the contract shall continue at the same rate of interest and upon the same terms and conditions as are provided to veteran purchasers. Consent by the department to the assignment shall be deemed given if the assignment is pursuant to a court order, and if notice of the hearing was provided to the department at least 30 days prior to the hearing at which the court order was issued. (Amended by Stats. 1992, Ch. 526, Sec. 1. Effective January 1, 1993.) - 987.74. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department must insure properties it purchases, provide specified coverage and annual disclosures, and purchasers must keep the property as their residence, maintain it, and handle any extra insurance they want.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.74. (a) (1) All properties purchased by the department shall be covered by insurance. Except as set forth in regulations adopted by the department pursuant to Section 987.93 in lieu of, or in addition to, the provisions of this subdivision, with respect to cooperative dwelling units, insurance purchased by the department shall be guaranteed replacement cost coverage as described in subdivisions (e) and (f) of Section 10102 of the Insurance Code against fire and other hazards for the full replacement cost of the improvements or structures, shall include limited building code upgrade as described in Section 10103 of the Insurance Code, and shall be placed with a company or companies as the department may determine from time to time. (2) The department may charge purchasers a premium to cover the cost to the department for insurance obtained pursuant to this subdivision. The premium shall not exceed the actual cost to the department for the coverage provided. (b) The contract made between the department and the purchaser shall provide that the purchaser maintain the farm or home as their place of residence and keep in good order and repair all buildings, fences, and other permanent improvements situated thereon. Insurance policies purchased by the department shall be obtained to insure and keep insured against fire and other hazards, all buildings, fences, and other permanent improvements on the property. All policies shall be written with any loss payable to the department and the purchaser as their interests may appear. Insurance shall be in the amount, with the insurance companies, and under the terms and conditions as may be specified by the department. (c) Upon renewal, the department shall assist the purchaser in determining the insurance level necessary to repair or replace the damaged or destroyed dwelling with like or equivalent construction and in determining how best to purchase additional coverage, if desired. The purchaser shall be solely responsible for requesting in writing and maintaining any additional amounts of insurance necessary to protect their interest in the property, and shall bear the risk of any loss in excess of the amount of insurance in force at the time of the loss. (d) The department shall annually send a disclosure notice to all purchasers who have residential property insurance provided through the department. The notice shall identify the type of coverage, and shall disclose all of the following in a clear and reasonable manner: (1) The limits of liability for the structure and improvements. (2) The amount of any deductibles. (3) Whether the policy covers the increased costs due to changes in building ordinances or laws regulating construction or repair. (4) A statement explaining the importance of having guaranteed replacement cost coverage. (5) A statement that the policy provided by the department provides limited building code upgrade coverage and the applicable limits and restrictions to that coverage. (Amended by Stats. 2024, Ch. 129, Sec. 78. (SB 1097) Effective January 1, 2025.) - 987.75. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If the purchaser misses required taxes, insurance, or repairs on property bought from the department, the department may step in and pay or fix the problem, and the purchaser must repay those costs on demand.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.75. (a) If the purchaser or, if applicable, the related stock corporation, fails or neglects to pay, satisfy, and discharge at maturity all taxes and assessments, and all other charges and encumbrances which are a lien upon the property being purchased from the department, or any part thereof, and also all taxes and assessments levied or assessed upon the interest created by the contract of purchase of such property; or to keep the buildings, fences, other permanent improvements upon such property insured and in good order and repair, or to keep the crops upon such property insured; or to keep in good order and repair all buildings, fences, and other permanent improvements situated upon such property; then, in such event, the department may pay, satisfy, discharge, settle, or compromise the taxes, assessments, charges, or encumbrances, or insure the buildings, fences, permanent improvements, or crops, or do the work and supply the materials necessary to keep the buildings, fences, and other improvements in good order and repair. All moneys so expended by the department shall be added to the selling price of the property and bear interest at the rate of interest designated in Section 987.71 from the date of expending the same, and shall be repaid by the purchaser to the department on demand. The department may amortize the repayment of such expenditures or permit repayment in installments upon the terms and conditions which it deems proper. (b) The department may establish provisions under regulations adopted by the department pursuant to Section 987.93 with respect to cooperative dwelling units in lieu of, or in addition to, the provisions of this section. (Amended by Stats. 2012, Ch. 396, Sec. 6. (AB 1224) Effective September 20, 2012.) - 987.76. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department has sole authority to decide certain issues about taxes, insurance, repairs, and loan insurance or guaranty related to this program.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.76. Notwithstanding Section 6157 of the Government Code, the department shall be the sole judge of all of the following: (a) The legality or validity of taxes, assessments, charges, insurance premiums, guaranty fees, or encumbrances, and the amount necessary to be paid in satisfaction or discharge thereof. (b) The amount of insurance to be placed upon the buildings, fences, other permanent improvements, and crops and the amount necessary to be paid for the premiums for that insurance. (c) The necessity and nature of the work required to keep the buildings, fences, and other improvements in good order and repair, and the amount to be paid therefor. (d) The amount of loan insurance or guaranty to be placed upon the veteran’s liability for repayment of the veteran’s contract and the amount necessary to be paid by the veteran or the department for the premiums or fees for that insurance or guaranty. (Amended by Stats. 1998, Ch. 530, Sec. 4. Effective September 17, 1998.) - 987.77. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If a purchaser defaults on the contract, the department may cancel it and the purchaser loses rights in the property.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.77. If a purchaser fails to comply with any of the terms of their contract of purchase, the department may cancel the contract, and be released from all obligations, at law or in equity, to convey the property, and the purchaser shall forfeit all right thereto. All payments previously made shall be deemed to be rental paid for occupancy. Upon forfeiture, the department shall take possession of the property covered by the contract, and shall remove all persons and personal property therefrom without any liability on the part of the department or of any official or employee thereof for any damage or injury caused by or incident to the entry or removal. The failure of the department to exercise any option to cancel or to exercise any other privilege under the contract for any default shall not constitute a waiver of the right to exercise the option or privilege for any other default on the part of the purchaser. The department shall allow a stock cooperative, as defined in Section 4190 of the Civil Code, the opportunity to cure any failure by a purchaser described in this section. (Amended by Stats. 2024, Ch. 129, Sec. 79. (SB 1097) Effective January 1, 2025.) - 987.775. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may deposit certain forfeiture net gains into a segregated account and may later spend the remaining funds for assistance to lower income purchasers.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.775. Whenever the department proceeds under Section 987.77 to declare a forfeiture and to retain all payments made under the forfeited contract as rental paid for occupancy, the department may, in lieu of paying any net gain to the purchaser in accordance with Section 987.79, deposit that net gain into a segregated account in the Veterans’ Farm and Home Building Fund of 1943 created to receive funds pursuant to this section. The funds in the account shall be accumulated until June 30 of each year, and any losses on the sales of forfeited properties during the fiscal year shall be deducted from the total of the net gains deposited in the account during the fiscal year. The department may expend the funds remaining in the account on June 30 each year, after deduction for losses on sales of forfeited properties, for purposes of assistance to lower income purchasers pursuant to subdivision (c), (e), or (h) of Section 987.71. (Amended by Stats. 2003, Ch. 441, Sec. 3. Effective January 1, 2004.) - 987.78. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
After a forfeiture of a purchase contract, the department may resell or dispose of the property, but it must follow the section’s preference order and offer rules.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.78. (a) In the event of a forfeiture of a contract of purchase under this article, the department may sell or otherwise dispose of the property covered by the forfeited contract to any person and upon any terms and conditions as it determines to be proper, under the conditions set forth in this section. (b) The department shall give first preference to a veteran who qualifies under this article and who served during a time of war, second preference to any other person serving in or honorably discharged from the armed forces of the United States, third preference to any person who is a first-time home buyer, and fourth preference to any other person. (c) Where the department elects in the event of a forfeiture to sell or otherwise dispose of an assignment of an Indian veteran’s beneficial interest or of a leasehold interest in allotment trust land, the department shall first offer it for sale to the person or persons for whom the land is held in trust, including an Indian veteran having a beneficial interest in the trust land on which the forfeiture occurred, at a price equal to the unpaid balance of the contract price. If none of the persons for whom the land is held in trust accepts the offer, the department shall next offer it to the United States Secretary of the Interior at the same price. (d) Where the department elects in the event of forfeiture to sell or otherwise dispose of a leasehold interest in tribal trust land, the department shall first offer it for sale to the tribe for whom the land is held in trust at a price equal to the unpaid balance of the contract price. If the tribe fails to accept the offer, the department shall next offer it to the United States Secretary of the Interior at the same price. (e) Where all the parties to whom the department is required to offer the property under subdivision (c) or (d) fail to accept the offer, the department may sell or otherwise dispose of the property covered by the forfeited contract as provided by subdivision (a) and, in so doing, the department shall give first preference to any good faith offer by a person approved by the tribal council of the reservation, rancheria, or land held under the jurisdiction of that particular tribal governing body on which the allotment land is sited. (f) If the property is subject to a participation contract, the department may, at its option, pay the balance due upon the participation contract, including accrued interest, without penalty. (g) Nothing in this section invalidates a transfer to, or affects the interest of, a good faith purchaser for value without notice of any failure of the department to comply with any requirement of this section in the disposition of any property subject to a forfeited contract. (Amended by Stats. 1997, Ch. 156, Sec. 3. Effective January 1, 1998.) - 987.785. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may set up a broker-listing process for certain forfeited properties, and if it uses a listing agreement it must cooperate with the broker and allow reasonable inspection times.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.785. Except as set forth in regulations adopted by the department pursuant to Section 987.93 with respect to a cooperative dwelling unit, whenever the department cancels a contract and takes possession of a property pursuant to Section 987.77 and elects to sell the property covered by a forfeited contract, the department may, at its option, establish a procedure for listing the property for sale, together with similarly located properties, with a licensed real estate broker. The department may, in this connection, prepare schedules of properties available for sale by geographic areas and may offer a schedule from time to time to any licensed real estate broker within the geographic area covered by the schedule for a fee which shall be sufficient to cover the costs to the department in compiling the schedules and making them available. If the department enters into a real estate listing agreement, exclusive or otherwise, with a licensed real estate broker, the department shall cooperate with the broker in all customary respects and make the property available at reasonable times for inspections by prospective purchasers. (Amended by Stats. 2012, Ch. 396, Sec. 7. (AB 1224) Effective September 20, 2012.) - 987.79. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may include a contract term that lets it pay a veteran any net gain from a later sale after the veteran defaults and loses contract rights, except as subdivision (b) provides.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.79. (a) Except as otherwise provided in subdivision (b), the department may, in the contract of purchase with a veteran, provide that, in the event of default by the veteran and forfeiture of their rights under the contract and subsequent sale of the property by the department, it may pay to the veteran any net gain realized by the department upon the sale. The department is the sole judge of the net gain. (b) The net gain realized by the department upon the sale of a cooperative dwelling unit owned by a limited equity housing cooperative shall be determined in accordance with regulations adopted by the department pursuant to Section 987.93. (Amended by Stats. 2024, Ch. 129, Sec. 80. (SB 1097) Effective January 1, 2025.) - 987.80. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may insure, repair, lease, cultivate, or harvest reverted property under its control, and may prioritize certain organizations when leasing it.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.80. (a) The department may insure and keep insured against fire or other hazards all buildings, fences, other permanent improvements, or crops situated upon any property which has reverted to and is under the control of the department, or may do the work and supply the materials necessary to keep the buildings, fences, and other improvements situated upon the property in good order and repair. The department may lease or let the property, in whole or in part, upon any terms that the department determines to be proper. In the case of a farm, the department may cultivate the farm or harvest the crop. (b) Whenever the department determines to lease or let any reverted property pursuant to subdivision (a), the department may give first priority to public or private organizations serving homeless veterans if the property is zoned for that use and all state and local building permit and use conditions are met. The department may give second priority to a public housing authority organized pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code) for leasing or letting to persons of low income, as defined in Section 34213 of the Health and Safety Code. (Amended by Stats. 1989, Ch. 563, Sec. 4.) - 987.81. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If illness or accident stops a farm purchaser from farming or harvesting, the department may step in to cultivate or harvest, then sell the crop and pay the purchaser any remaining balance after costs are recovered.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.81. If illness or accident prevents a purchaser of a farm from cultivating his farm or harvesting any crop, the department may enter and cultivate the farm or harvest the crop. In such event the department has a first lien upon the crop for all moneys expended and may sell the harvested crop. Out of the proceeds of the sale the department may reimburse itself for any expense which it has incurred in the cultivation of the farm, the harvesting of crops and the sale thereof, and retain any moneys due to the department from the purchaser. Any balance shall be paid by the department to the purchaser. (Added by Stats. 1974, Ch. 1477.) - 987.82. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If a purchaser dies owing the department under a purchase contract, the purchaser’s rights pass to heirs, devisees, or personal representatives, but those rights remain subject to the department’s rights, claims, and charges.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.82. When a purchaser dies, indebted to the department under contract of purchase, his rights acquired under this article and such contract shall devolve upon his heirs, devisees, or personal representatives, but subject to all rights, claims, and charges of the department. Default on the part of an heir, devisee, or personal representative, with respect to any right, claim, or charge of the department shall have the same effect as would default on the part of the purchaser but for his death. (Added by Stats. 1974, Ch. 1477.) - 987.83. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The Director of Finance may authorize withdrawals from the General Fund for this program, and withdrawn funds must be deposited in the Veterans’ Farm and Home Building Fund of 1974.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.83. For the purposes of carrying out the Veterans’ Farm and Home Purchase Act of 1974 the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this article, and the amount necessary to carry out this section is hereby appropriated without regard to fiscal years. Any amounts withdrawn shall be deposited in the Veterans’ Farm and Home Building Fund of 1974. Any moneys made available under this section to the department shall be returned to the General Fund in such amounts as may be received by the department from the sale of bonds sold for the purpose of carrying out this article, together with interest at the rate of interest fixed in the bonds so sold. (Added by Stats. 1974, Ch. 1477.) - 987.84. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
A forfeiture for breach of a deed or cooperative housing condition may not be enforced against the department’s interest, except where the department allows otherwise under its regulations.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.84. Except as may otherwise be permitted by the department pursuant to regulations adopted by the department pursuant to Section 987.93, the right to declare a forfeiture for breach of a condition contained in any deed to real property or in any cooperative dwelling unit ownership documents may not be enforced as against the interest of the department in said property or any portion thereof. (Amended by Stats. 2012, Ch. 396, Sec. 9. (AB 1224) Effective September 20, 2012.) - 987.85. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department generally may not acquire a home in which the veteran has an interest of record, but several listed exceptions apply. It may also refinance certain loans, and it must adopt and publish rules to implement this section.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.85. (a) The department shall not acquire a home in which the veteran has an interest of record except in the following instances: (1) Where the application is for aid for the construction of a home upon real property owned by the applicant and the improvements to be constructed thereon have not reached completion as evidenced by the issuance of a certificate of occupancy. (2) Where the veteran had no interest of record in the property at the time of filing their application and thereafter secured interim financing pending the processing and approval of the application by the department. (3) Where the application is for the purchase of a mobilehome to be situated upon real property, or an undivided interest therein, owned by the applicant. (4) Where the applicant is an Indian veteran and the application is for the construction of a dwelling house or other improvements on, or for the purchase of a mobilehome to be sited on, trust land in which the Indian veteran has a beneficial interest or owns an interest of record. (5) Where the application is for assistance to enable the veteran to purchase their space, or share in a mobilehome park, which is converted from a rental park to a nonprofit corporate resident-owned park or subdivision, cooperative, or condominium for mobilehomes, in which the veteran resides in their mobilehome. A veteran applying for assistance under this subdivision shall not be required to have their mobilehome reinstalled on a permanent foundation system as a condition of receiving the proceeds of the loan to purchase their space or share of the park. This subdivision shall be implemented by the department only to the extent that expenditures for the kind of financial assistance to veterans enumerated herein conform to the requirements of federal tax law with regard to the tax-exempt status of funding instruments utilized to provide the assistance. (b) Notwithstanding subdivision (a), the department may acquire a home for the purpose of refinancing an existing mortgage loan that is not a mortgage loan acquired under the Veterans’ Farm and Home Purchase Act of 1974, known as the CalVet Home Loan Program. The certain funds used by the department for the purposes described in this subdivision shall be used in accordance with federal laws and regulations governing the use of qualified mortgage bonds and qualified veterans’ mortgage bonds. (c) (1) Notwithstanding subdivisions (a) and (b), the department may, for the sole purpose of stabilizing or preserving the CalVet Home Loan Program portfolio, refinance existing CalVet Home Loan Program mortgage loans, provided both of the following apply: (A) The department did not solicit the veteran borrower solely for the purpose of refinancing their loan except in response to clear evidence the borrower was seeking that refinancing and would resort to paying in full their loan through the CalVet Home Loan Program through a third-party lender. (B) For loans ensured by the United States Department of Veterans Affairs, the prospective refinanced loan meets all requirements of the United States Department of Veterans Affairs regarding refinanced loans. (2) The certain funds used by the department for the purposes described in this subdivision shall be used in accordance with federal laws and regulations governing the use of those funds, including, but not limited to, the use of qualified mortgage bonds and qualified veterans’ mortgage bonds. (d) The department shall, consistent with the purposes of this article, adopt and publish rules and regulations that are necessary to implement this section. (Amended by Stats. 2021, Ch. 549, Sec. 16. (SB 661) Effective January 1, 2022.) - 987.86. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
A veteran who got a farm or home under this article may get another chance to buy one if the first one is sold, refinanced, or the veteran’s interest is lost through divorce or dissolution. Only one such farm or home may be owned at a time, and a former spouse’s interest is not counted.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.86. (a) Any veteran for whom a farm or home is purchased under this article may be granted a subsequent opportunity to purchase another farm or home when the farm or home purchased under this article is sold, refinanced, or the veteran’s interest is divested through divorce or dissolution of marriage. The maximum amount that the department may advance under this subdivision is limited to the maximum amounts set forth in Section 987.65 at the time the application is made for the subsequent loan. (b) Only one farm or home purchased under this article shall be owned by a veteran or a veteran and the veteran’s spouse at any one time. This subdivision does not apply to an interest of a former spouse. (Amended by Stats. 1997, Ch. 156, Sec. 4. Effective January 1, 1998.) - 987.87. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department sets the interest rate, reports it to the board and committee, and must give contractholders 90 days’ written notice before any increase takes effect.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.87. (a) The department shall establish the actual interest rate to be paid. To this end, the department, within 60 days of receipt of the survey of the financial condition of the Division of Farm and Home Purchases required at the close of each fiscal year conducted by an independent public accounting firm of recognized standing as provided under various veterans bond acts, shall report to the California Veterans Board and the Veterans’ Finance Committee of 1943, regarding the recommended uniform rate of interest payable upon the amount remaining unpaid under any veteran’s purchase contract executed on or after September 26, 1974. The department shall make its finding as to the rate of interest to be charged, determined by a floating rate based upon the actual cost of general obligation bond and revenue bond sales, plus a certain percent for administrative costs, taking into consideration the current value of money, the solvency of the Veterans’ Farm and Home Building Fund of 1943, and the interest paid on any participation contracts to which the interest of the department may be subject. Upon approval by the board and the committee, the department may raise or lower the effective rate of interest payable under these contracts annually as it deems to be for the best interests of the department, as well as the contractholders, if in so doing this action is made applicable alike to any and all of these contracts. The interest rate shall not be raised so that the effective date of a higher rate of interest occurs more than once in any calendar year, unless the board and committee, by a two-thirds vote of the members of each, make a finding that an additional increase in the interest rate is necessary to enable the department to maintain the financial solvency of the fund or to meet its obligations to bondholders or purchasers. At least 90 days’ advance written notice to the contractholders shall be given before any increase in the interest rate becomes effective. (b) The total amount of any installment payment shall be raised or lowered to reflect any change in the effective rate of interest. The department may, however, adjust or postpone any installment payment for good cause pursuant to Section 987.71 and, for these purposes, good cause shall include a consideration of whether an increased installment payment would be excessively burdensome in light of a purchaser’s financial circumstances. The department shall include notice of this provision in the 90 days’ advance notice required under subdivision (a). (c) Notwithstanding subdivision (a) and Section 987.875, the department may establish separate rates of interest payable on the amounts remaining unpaid under veterans’ purchase contracts for any and all contractholders who are called to active duty in the military service of the United States, and who qualify for relief under the provisions of the federal Soldier’s and Sailor’s Civil Relief Act of 1940, as amended. The rates need not be uniform for all who qualify, but shall not be greater than the rate provided for in that act. Rates shall be established at the discretion of the department, and may apply to any contract from the date of entry into active duty to, and including, 90 days after the date of release from active duty. (Amended by Stats. 2002, Ch. 473, Sec. 2. Effective January 1, 2003.) - 987.875. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department must report recommended interest rates and set actual interest rates for certain veteran purchase contracts, subject to approval by the board and committee.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.875. Notwithstanding Section 987.87 or any other provision of law, the department shall report to the California Veterans Board and the Veterans’ Finance Committee of 1943, regarding the recommended rate of interest payable upon the amount remaining unpaid under any veteran’s purchase contract executed on or after January 1, 1999. The department, from time to time, shall establish and may modify, subject to the approval of the board and the committee, the actual rates to be paid, which may be fixed interest rates or variable interest rates, or the methodology and timing for determining or modifying the actual interest rates to be paid, which methodology may produce fixed interest rates or variable interest rates on purchase contracts executed on or after January 1, 1999. The interest rates need not be uniform for all the purchase contracts. The interest rates shall be determined by the department in accordance with guidelines established by the board and the committee. (Added by Stats. 1998, Ch. 362, Sec. 1. Effective August 24, 1998.) - 987.88. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
If the department makes a master insurance agreement for farm and home purchasers, it must offer life insurance equally to disabled and nondisabled purchasers and cannot deny coverage solely because of a qualifying service-connected disability.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.88. (a) In the event the department enters into a master agreement with one or more insurance companies to provide life or disability insurance coverage for the purchasers of farms and homes from the department, the master agreement shall provide that the life insurance will be offered to purchasers who are disabled solely as a result of their qualifying military service and to nondisabled purchasers on an equal basis and that no purchaser shall be denied coverage solely because that purchaser has a qualifying military service-connected disability at the time of application. Notwithstanding Part 2 (commencing with Section 10110) of Division 2 of the Insurance Code, the life or disability insurance shall be a form of group life or group disability insurance. (b) The master agreement shall provide for maintenance of those reserves as the department, after consultation with the Insurance Commissioner, deems appropriate and prudent, and the department may use from time to time any accumulated surplus in those reserves, or any refunds or returns therefrom upon termination of the agreement, for the purposes of this article or of any veterans general obligation or revenue bond act. Any and all acts of the department in maintaining and using the reserves consistent with this subdivision are hereby ratified and confirmed, it having at all times been the intent of the Legislature that reserves be maintained and that any surpluses therein or refunds or returns therefrom be used by the department for the purposes stated in this subdivision. (c) Notwithstanding subdivision (b), on and after January 1, 1987, any reserves maintained under the master agreement shall not exceed a level greater than 20 percent in excess of actuarial requirements plus a reasonable contingency reserve, as determined annually by the department, and the department may contract with one or more independent actuaries or actuarial firms to assist the department in the annual determination. (d) Any departmental proposal to enter into, revise, amend, renew, extend, or cancel, any agreement described in this section shall be a policy change subject to subdivisions (b), (c), and (d) of Section 84. (Amended by Stats. 1998, Ch. 197, Sec. 1. Effective July 21, 1998.) - 987.881. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
Insurance companies may provide life and disability insurance through one or more separate accounts, subject to Section 987.88.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.881. The insurance company or companies may provide life and disability insurance pursuant to Section 987.88 by one or more separate accounts. (Added by Stats. 1983, Ch. 1140, Sec. 1.) - 987.89. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
A veteran purchaser’s lawsuit against a third party does not affect claims against others, and the department may seek recovery and reimbursement if it indemnifies the purchaser.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.89. The action of a veteran purchaser for damages against any third party does not affect his right of action for all damages against any party other than the department. If the department indemnifies, or becomes obligated to indemnify, the veteran purchaser, it may likewise bring an action against any such third party responsible for damage to the contract property. In the latter event, the department may recover in the same suit all payments made on behalf of the veteran purchaser. If either the veteran purchaser or the department brings an action against such third party, the veteran purchaser or the department, as the case may be, shall forthwith give to the other written notice of the action and of the name of the court in which the action is brought, by personal service or registered mail. Proof of such service shall be filed in such action. If the action is brought by either the veteran purchaser or the department, the other may, at any time before trial on the facts, join as party plaintiff, or shall consolidate the action if brought independently. The court shall first apply, out of the entire amount of any judgment for any damage recovered by the veteran purchaser, a sufficient amount to reimburse the department for the amount of its expenditures for indemnification. If the department has not joined in the action or has not brought action, or if the action has not been consolidated, the court, on the department’s application, shall allow as a first lien against the entire amount of any judgment for any damages recovered by the veteran purchaser, the amount of the department’s expenditures for indemnification. (Added by Stats. 1974, Ch. 1477.) - 987.90. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may use certain veterans bond proceeds for the Veterans’ Farm and Home Purchase Act of 1974 and may combine those funds with participation contract funds, within a percentage set by the Veterans Finance Committee.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.90. For the purposes of carrying out the provisions of the Veterans’ Farm and Home Purchase Act of 1974, there is hereby appropriated, and the department is hereby authorized to utilize the proceeds derived from the Veterans Bond Act of 1974, and from all veterans bond acts subsequent thereto, and to combine such funds up to a percent to be established by the Veterans Finance Committee and reported to the Legislature annually, with funds derived from participation contracts. (Amended by Stats. 1976, Ch. 1092.) - 987.91. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The Department of Veterans Affairs may issue a participation contract to lenders or investors who supply funds for the program.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.91. Pursuant to the provisions of Section 987.90, the Department of Veterans Affairs is authorized to issue to lenders or investors supplying funds for the program a participation contract. (Added by Stats. 1974, Ch. 1477.) - 987.92. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. )
The department may buy or build a home with solar energy heating devices, even if the price is up to $5,000 above certain stated maximums. Pool, hot tub, sauna, and spa heating devices do not qualify unless the veteran was wounded or disabled in service and provides satisfactory medical evidence that the feature is therapeutically necessary.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.1. Veterans’ Farm and Home Purchase Act of 1974 [987.50 - 987.93] ( Heading of Article 3.1 amended by Stats. 1979, Ch. 121. ) ## 987.92. Notwithstanding other provisions of this article relating to maximum sums to be expended by the department and maximum purchase price, the department may acquire or construct a home equipped with solar energy heating devices at a purchase price not in excess of five thousand dollars ($5,000) over the maximum amounts specified in Sections 987.60, 987.61, and 987.65. Solar energy heating devices for swimming pools, hot tubs, saunas, and spas shall not qualify for any expenditure pursuant to this section except in the case of veterans who were wounded or disabled as a result of their service and who provide medical evidence satisfactory to the department that a heated swimming pool, hot tub, sauna, or spa, is therapeutically necessary. (Amended by Stats. 1981, Ch. 128, Sec. 1.) - 988. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
A revolving fund called the Veterans’ Farm and Home Building Fund of 1943 is kept in the State Treasury, and money in the fund must follow this article. Money may be withdrawn only in accordance with law and on requisition of the department.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988. There is in the State Treasury a revolving fund known as the Veterans’ Farm and Home Building Fund of 1943. All moneys deposited in such fund shall be subject to the provisions of this article. Money may be withdrawn from such fund in accordance with law upon requisition of the department. (Amended by Stats. 1947, Ch. 328.) - 988.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
Money paid by purchasers must be deposited in the Veterans’ Farm and Home Building Fund of 1943 and used for this article’s purposes.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.1. The money paid by purchasers shall be deposited in the Veterans’ Farm and Home Building Fund of 1943 and be available for the purpose of carrying out the provisions of this article. (Added by Stats. 1943, Ch. 1046.) - 988.2. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
The department may advance money from the Veterans’ Farm and Home Building Fund to a purchaser who applies, for specified property-related costs, and the purchaser must repay the advanced money under department-set conditions.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.2. (a) For purposes of this section, “purchaser” has the same definition as provided in Section 987.53. (b) Out of any money available in the Veterans’ Farm and Home Building Fund of 1943, the department may advance to any purchaser upon their application, and under the policies as the department may, from time to time, prescribe, sums for the purpose of paying taxes and assessments, or making permanent improvements, including permanent improvements for the purpose of increasing farm productivity, or for keeping in good order or repair, or for painting, redecorating, or remodeling, all buildings, fences, or other permanent improvements on, or the insuring against fire or other hazards, any building, fence, or other permanent improvement, or crops on the property being purchased from the department, or the department may advance to the purchaser moneys actually expended in so doing. (c) Any of the money advanced to a purchaser by the department may be added to the deferred principal of the purchaser’s account and shall bear interest at the rate prescribed by the department and shall be repaid by the purchaser to the department under the conditions as it may prescribe. (d) The moneys advanced may, in the discretion of the department, be in addition to the maximum purchase price of a farm or home as provided by the Veterans’ Farm and Home Purchase Act of 1974, as amended, and acts supplementary thereto. (e) Any money required by the department to be paid for the purpose of taxes, insurance premiums, and other charges when they become due may be maintained by the department using the escrow accounting method in accordance with lending industry standards and the laws governing escrow accounts of this type. (f) The department shall be the sole judge of the need and desirability of making advances or requiring payments by the purchaser under this section. (Amended by Stats. 2024, Ch. 129, Sec. 81. (SB 1097) Effective January 1, 2025.) - 988.3. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
The Department of Finance may make limited advances of money to the department, and the Controller and Treasurer may handle warrants and payment for those advances.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.3. The Department of Finance may make advances of money to the department, needed to meet contingent expenses, of not more than fifty thousand dollars ($50,000), as the Department of Finance determines necessary, and may make advances of money to the department, needed to carry out Articles 3 (commencing with Section 984), 3.1 (commencing with Section 987.50), and 3.5 (commencing with Section 988) of this chapter of not more than twenty-five million dollars ($25,000,000), as the Department of Finance determines necessary, and these advances shall be administered as revolving funds. The Controller may draw warrants upon the Veterans’ Farm and Home Building Fund for these advances, and the Treasurer may pay them. (Amended by Stats. 1988, Ch. 862, Sec. 3. Effective September 13, 1988.) - 988.4. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
The department may make and secure advances for home alterations, repairs, or improvements for a purchaser’s principal residence, and it has sole judgment over whether to make the advance and how repayment works.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.4. (a) For purposes of this section, “purchaser” includes any veteran whose only loan with the department is for the purpose of a home improvement on property that is the principal place of residence of the veteran. (b) (1) Out of any money available in the Veterans’ Farm and Home Building Fund of 1943, the department may advance to a purchaser upon their application, and under the policies as the department may, from time to time, prescribe, sums for the purpose of making alterations, repairs, or improvements on or in connection with the principal place of residence of the purchaser. (2) Notwithstanding any other law, in making the advances described in paragraph (1), the department may secure that advance by issuing a deed of trust, a promissory note, or other security interest that is subordinate to any existing financing on the principal place of residence of the purchaser. (c) The department shall be the sole judge of the need and desirability of making advances and the method of repayment by the purchaser under this section. (Amended by Stats. 2024, Ch. 129, Sec. 82. (SB 1097) Effective January 1, 2025.) - 988.5. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
Loans granted under this article must be funded according to federal laws governing tax-exempt bonds.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.5. All loans granted under this article shall be funded in accordance with federal laws governing the use of tax-exempt bonds. (Added by Stats. 2002, Ch. 465, Sec. 10. Effective January 1, 2003.) - 988.6. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
Creates the Veterans’ Bonds Payment Fund and limits how its money may be used and moved.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.6. (a) There is hereby created in the State Treasury a revolving special fund known as the Veterans’ Bonds Payment Fund. All moneys in this fund shall be used solely to pay debt service, as this term is defined in subdivision (c) of Section 998.404, when due on bonds issued pursuant to all veterans’ farm and home purchase bond acts pursuant to this chapter, and notwithstanding Section 13340 of the Government Code, all moneys in this fund are continuously appropriated for this purpose. (b) All moneys in the Veterans’ Bonds Payment Fund are necessary for immediate use and no amounts of this fund shall be considered “surplus money,” for the purposes of Section 16470 of the Government Code. (c) Moneys in the Veterans’ Bonds Payment Fund shall be used solely as described in subdivision (a), and therefore no moneys in that fund shall be borrowed by, or transferred to, the General Fund pursuant to subdivision (a) of Section 16310 of the Government Code or any other similar authority, or to the General Cash Revolving Fund pursuant to Section 16381 of the Government Code or any other similar authority. (d) Moneys in the Veterans’ Bonds Payment Fund may be transferred to an account within the Refunding Escrow Fund created by Section 16784 of the Government Code for the purposes of paying debt service, as defined in subdivision (c) of Section 998.404, in connection with the refunding of bonds issued pursuant to veterans’ farm and home purchase bond acts pursuant to this chapter. (Added by Stats. 2010, Ch. 27, Sec. 2. (AB 2651) Effective June 15, 2010.) - 988.7. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. )
Money in certain National Guard fund accounts must be moved to the Veterans’ Farm and Home Building Fund of 1943, and the department may use deposited money for shared equity cooperative housing loans.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.5. Funds [988 - 988.7] ( Heading of Article 3.5 renumbered from Article 3 (2nd of two) by Stats. 1946, 1st Ex. Sess., Ch. 16. ) ## 988.7. (a) (1) Notwithstanding any other law, all moneys in the California National Guard Members’ Farm and Home Building Fund of 1978 and any other account created in that fund, including, but not limited to, the National Guard Members’ Revenue Bond Revenue Account, that are not needed to meet revenue bond obligations shall be deposited into the Veterans’ Farm and Home Building Fund of 1943 within 30 days after the effective date of this section. (2) Notwithstanding any other law, on and after the effective date of this section, any revenues that would have otherwise been required to be deposited into the National Guard Members’ Revenue Bond Revenue Account pursuant to Section 485.1, the California National Guard Members’ Farm and Home Building Fund of 1978, or any other account in that fund, shall be deposited into the Veterans’ Farm and Home Building Fund of 1943. (b) Notwithstanding Section 13340 of the Government Code, all moneys deposited into the Veterans’ Farm and Home Building Fund of 1943 pursuant to subdivision (a) are hereby continuously appropriated, without regard to fiscal year, to the department, and may be used by the department to make shared equity cooperative housing loans. (Added by Stats. 2011, Ch. 377, Sec. 13. (AB 1084) Effective September 30, 2011.) - 989. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.7. Pooled Self-Insurance [989 - 989.1] ( Article 3.7 added by Stats. 2009, Ch. 502, Sec. 1. )
The department is to pool reserves in order to support the Pooled Self-Insurance Fund and maintain insurance reserve funds for contract purchasers.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.7. Pooled Self-Insurance [989 - 989.1] ( Article 3.7 added by Stats. 2009, Ch. 502, Sec. 1. ) ## 989. It is the intent of the Legislature to establish the Pooled Self-Insurance Fund in order to ensure that each of the department’s insurance reserve funds are self-sufficient and adequately maintained for the benefit of the contract purchasers. For reasons of prudent financial management, the department will pool the reserves for the purpose of providing reliable, consistent, and affordable home protection, and to encourage the strengthening of bond ratings, thereby increasing the efficacy of the Veterans’ Farm and Home Purchase Act of 1974. (Added by Stats. 2009, Ch. 502, Sec. 1. (AB 1051) Effective January 1, 2010.) - 989.1. Verify source ↗
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.7. Pooled Self-Insurance [989 - 989.1] ( Article 3.7 added by Stats. 2009, Ch. 502, Sec. 1. )
The department must maintain and administer a Pooled Self-Insurance Fund, report annually to the Legislature, and manage subfund borrowing and repayment within set time limits.
## Military and Veterans Code - MVC ## DIVISION 4. VETERANS' AID AND WELFARE [690 - 1008.5] ( Division 4 enacted by Stats. 1935, Ch. 389. ) ## CHAPTER 6. State Benefits for Veterans [980 - 999.80] ( Heading of Chapter 6 amended by Stats. 1979, Ch. 121. ) ## ARTICLE 3.7. Pooled Self-Insurance [989 - 989.1] ( Article 3.7 added by Stats. 2009, Ch. 502, Sec. 1. ) ## 989.1. (a) The department shall maintain a Pooled Self-Insurance Fund, which is hereby created in the State Treasury. The Pooled Self-Insurance Fund includes the reserves and moneys held by the department, as authorized by Sections 987.25, 987.71, 987.74, 987.76, 987.88, and 989.4. The department may, in the discretion of the Secretary, pool these reserves for the purpose of providing reliable, consistent, and affordable home protection, and to encourage the strengthening of bond ratings. (b) The department shall, consistent with the purposes of this article, prescribe and publish rules and regulations for the administration of the Pooled Self-Insurance Fund. (c) The department may purchase insurance against any risk, or portion of any risk, otherwise payable out of appropriated moneys in the Pooled Self-Insurance Fund. The department shall make an annual report on or before September 1 of each year to the Legislature regarding any insurance coverage implemented or required by it. The report shall include, but not be limited to, the type of insurance coverage, its cost, loss-ratio information, the reason for purchasing the insurance, and any changes in existing insurance coverage and the reason for those changes. (d) In each annual report to the Legislature regarding the status of the Pooled Self-Insurance Fund, all subfunds must show within three years of borrowing from the other subfunds that rates have effectively been adjusted to balance income to expenses, and that any internal borrowing between the various accounts and funds has been repaid in full. Each subfund must be self-sufficient within a period of time not to exceed three years of having borrowed from the other members of the Pooled Self-Insurance Fund. (e) Beginning six months after the inception of the Pooled Self-Insurance Fund, there will be a biennial audit of each subfund to ensure adequate rates are being charged to meet expenses. Premium rates of each subfund will be monitored and adjusted annually according to need to ensure self-sufficiency and reconcile internal borrowing between the members of the Pooled Self-Insurance Fund. (f) Upon declaration of emergency by the Secretary, the Pooled Self-Insurance Fund may borrow from the Veterans’ Farm and Home Building Fund of 1943. The borrowed funds are to be fully repaid from the Pooled Self-Insurance Fund within a period of time not to exceed three years. (g) Upon dissolution or termination of any of the subaccounts or subfunds within the Pooled Self-Insurance Fund, whether established by statute or otherwise, any excess moneys shall revert to the Veterans’ Farm and Home Building Fund of 1943. (Added by Stats. 2009, Ch. 502, Sec. 1. (AB 1051) Effective January 1, 2010.)
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