Bill Text: CA AB240 | 2019-2020 | Regular Session | Amended


Bill Title: Veterans’ homes: lease of property.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-06-11 - From committee: Do pass and re-refer to Com. on G.O. (Ayes 7. Noes 0.) (June 11). Re-referred to Com. on G.O. [AB240 Detail]

Download: California-2019-AB240-Amended.html

Amended  IN  Senate  May 28, 2019
Amended  IN  Assembly  April 01, 2019
Amended  IN  Assembly  February 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 240


Introduced by Assembly Member Irwin
(Principal coauthor: Assembly Member Salas)
(Coauthors: Assembly Members Brough, Daly, and Voepel)

January 18, 2019


An act to amend Section 1023 of, and to add Sections 1023.1 and 1023.2 to, the Military and Veterans Code, relating to veterans’ homes.


LEGISLATIVE COUNSEL'S DIGEST


AB 240, as amended, Irwin. Veterans’ homes: lease of property.
Existing law establishes the Veterans’ Home of California system for the operation of veterans’ homes at various sites. Existing law sets forth the duties of the Department of Veterans Affairs regarding the administration and regulation of veterans’ homes. Existing law authorizes the Director of General Services to lease or let any real property held by the department for a home, as specified, to any entity or person upon terms and conditions determined to be in the best interests of the home.
This bill would prohibit a lease or let from exceeding 5 years, unless the lessee is any state or local government, a local government or a nonprofit organization that provides services exclusively for veterans of the Armed Forces of the United States and their families, or a lessee pursuant to a contract the contract for the lease was executed before January 1, 2020. 2019. The bill would require each use use, other than an easement, of real property held by the department for a home by a person or entity entity, other than the home or a resident of the home, to be in writing and meet certain criteria, including that it provide principal and direct benefits to the home and its members and be appropriate to the home’s nature as a long-term care facility.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1023 of the Military and Veterans Code is amended to read:

1023.
 (a) The department may sue and be sued in any of the courts of this state. All property held by the department for a home shall be held in trust for the state and for the use and benefit of the home. The department shall manage the homes and administer their affairs, and, subject to the direction of the secretary, adopt rules and regulations for the government of the homes in conformity, as nearly as possible, to the rules and regulations of the United States Department of Veterans Affairs for their facilities.
(b) The Director of General Services may lease or let any real property held by the department for a home, and not needed for any direct or immediate purpose of the home, to any entity or person upon terms and conditions determined to be in the best interests of the home and its members. In any leasing or letting, primary consideration shall be given to the use of real property for agricultural purposes, and, except as provided in Section 1048, all moneys received in connection therewith shall be deposited in the General Fund to the credit of, and shall augment the current appropriation for the support of, the home.

SEC. 2.

 Section 1023.1 is added to the Military and Veterans Code, to read:

1023.1.
 (a) A lease of real property held by the department for a home shall not exceed five years, unless the lessee is one of the following: one of the following apply:

(1)A state entity.

(2)A

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

(3)A

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

(4)A lessee pursuant to a contract

(3) The contract for the lease with the department or the Director of General Services was executed before January 1, 2020. 2019.
(b) The department or the Director of General Services and a lessee may renegotiate the terms of the contract described in paragraph (4) (3) of subdivision (a), except that any terms regarding the duration or renewal of the contract shall not be altered. extended.
(c) A lease contract with any other party may be granted for a term greater than five years only with the approval of the Legislature by statute.

SEC. 3.

 Section 1023.2 is added to the Military and Veterans Code, to read:

1023.2.
 (a) Each use use, other than an easement, of real property held by the department for a home by a person or entity entity, other than the home or a resident of the home, shall meet all of the following criteria:
(1) Provide principal substantial and direct benefits to the home and its members.
(2) Be appropriate to the home’s nature as a long-term care facility for its members.
(3) Compensate the department in an amount that approximates fair market value, taking into consideration the value of the benefit provided to the home’s members and the investment by the lessee in the property development of the home.
(4) That where the use carries a reasonable risk of injury or loss, the use is appropriately insured to cover those risks and to protect the department and the state against liability.
(b) Each use use, other than an easement, of real property held by the department for a home by a person or entity entity, other than the home or a resident of the home, shall be governed by a written agreement between the department or the Director of General Services and the person or entity using the real property that establishes exactly how the person or entity meets the criteria in subdivision (a).

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