Chambers

The sole issue presented on this consolidated appeal is the constitutionality of Military and Veterans Code sections 1035, 1035.05, 1035.1, 1035.3 and 1038, hereafter sometimes called the “statutes.” (Specific statutory references, unless otherwise stated, will be to the Military and Veterans Code.)

There is a Veterans’ Home of California (§ 1011) which is maintained for certain aged and disabled veterans (§ 1012) who are “unable to pay for necessary hospital and domiciliary care outside of the home” (§ 1012.1). The home maintains a “post fund” which is used “to provide for the general welfare of the home and its members to include but not limited to providing for operations of the Veterans’ Home Exchange, motion picture theater, library, band, and to pay for newspapers, chapel expenses, welfare and entertainment expenses, sport activities, celebrations, and to pay for any necessary insurance to protect property of the fund or the Veterans’ Home Exchange, or any other activity for the benefit of the home or its members.” (§ 1047.) The post fund includes, among other things, “profits from operation of the Veterans’ Home Exchange and post fund operations, all donations to…