Bill Text: CA SB725 | 2013-2014 | Regular Session | Chaptered
Bill Title: Veterans buildings and memorials: county and city property: veterans service organizations: nonprofit veteran service agencies: retrofit and remodel.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State. Chapter 697, Statutes of 2013. [SB725 Detail]
Download: California-2013-SB725-Chaptered.html
BILL NUMBER: SB 725 CHAPTERED
BILL TEXT
CHAPTER 697
FILED WITH SECRETARY OF STATE OCTOBER 10, 2013
APPROVED BY GOVERNOR OCTOBER 10, 2013
PASSED THE SENATE SEPTEMBER 4, 2013
PASSED THE ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 8, 2013
AMENDED IN ASSEMBLY JUNE 26, 2013
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE MAY 1, 2013
INTRODUCED BY Senator Anderson
FEBRUARY 22, 2013
An act to amend Sections 1260, 1261, 1262, 1264, and 1266 of the
Military and Veterans Code, relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
SB 725, Anderson. Veterans buildings and memorials: county and
city property: veterans service organizations: nonprofit veteran
service agencies: retrofit and remodel.
Under existing law, a county may not revoke the dedication of
specified facilities to a veterans' association, so long as the
veterans' association has not violated the terms and conditions of
the dedication, unless it dedicates substitute facilities or unless
the veterans' organization has either consented to the proposed
county action or has abandoned its use of the facilities.
This bill would extend this law to cities, cities and counties,
and nonprofit veteran service agencies, as defined. This bill would
also provide that a property is not considered abandoned if the
veterans association, veterans service organization, or nonprofit
veteran service agency is required to move from the property in order
for the property to undergo seismic retrofitting or remodeling.
This bill would make technical, nonsubstantive changes to change
references to veterans' association to veterans association or
veterans service organization.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1260 of the Military and Veterans Code is
amended to read:
1260. As used in this chapter, unless the context otherwise
indicates:
(a) "Political subdivision" means any city, county, district, or
other local governmental agency.
(b) "Governing body" means the board of supervisors in the case of
a county, or the city council or board of trustees or other
governing board in the case of a city, district, or other local
governmental agency.
(c) "Veterans association" or "veterans service organization"
means any association or organization which is composed solely of
persons who served honorably in time of war or in time of peace in a
campaign or expedition for service in which a medal has been
authorized by the government of the United States, as members of the
Armed Forces of the United States, or who as citizens of the United
States served honorably in time of war as members of the armed forces
of any nation whose government was allied with the United States
during that war, and which is organized for patriotic, fraternal, and
benevolent objects.
(d) "Nonprofit veteran service agency" shall have the meaning
given in Section 999.51 of the Military and Veterans Code.
SEC. 2. Section 1261 of the Military and Veterans Code is amended
to read:
1261. Any political subdivision may lease any lot or building or
part thereof belonging to it and not required for public use, for not
exceeding 20 years, or may acquire and lease or sublease any lot or
building or part thereof for not exceeding 20 years, to a veterans
association, veterans service organization, or nonprofit veteran
service agency organized in such political subdivision, to be used
for the purposes of the veterans association, veterans service
organization, or nonprofit veteran service agency. The rental shall
be fixed by the governing body of the political subdivisions, and may
be nominal in amount.
SEC. 3. Section 1262 of the Military and Veterans Code is amended
to read:
1262. Any county may provide, maintain, or provide and maintain
buildings, memorial halls, meeting places, memorial parks, or
recreation centers for the use or benefit of one or more veterans
associations, veterans service organizations, or nonprofit veteran
service agencies. For these purposes the board of supervisors of any
county may:
(a) Purchase, receive by donation, condemn, lease, or acquire real
or personal property necessary for such buildings, memorial parks,
or recreation centers, and improve, preserve, manage, and control the
same.
(b) Purchase, construct, lease, furnish, or repair such buildings,
and provide custodians, employees, attendants, and supplies for the
proper maintenance thereof.
(c) Clear, grade, plant, irrigate, fence, and improve such
memorial parks, or recreation centers, and provide custodians,
employees, attendants, and supplies for the proper maintenance
thereof.
(d) Furnish sites for such buildings to be built by or for such
organizations, and furnish sites for the erection thereon of such
buildings, the funds for which shall be supplied by county
authorities or from other sources. Any part or portion of any public
lot, block, or park may be used for such purpose.
(e) Levy a special tax pursuant to Article 3.5 (commencing with
Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the
Government Code, and spend the proceeds for the purposes of this
chapter.
(f) Establish a fund for the purposes hereof, and transfer from
the General Fund to such fund such moneys as the board deems
necessary.
(g) Incur, in the manner provided by law, a bonded indebtedness on
behalf of the county for any of the purposes hereof.
(h) Join with any incorporated city in the county in the
accomplishment of the above purposes and to that end hold jointly
with such city all property acquired, and expend money in conjunction
with such city in accomplishing the above purposes. Title to any
property jointly so acquired by a county and a city may at any time
be conveyed by either of the joint owners to the other without
consideration other than to carry out the purposes of this section.
(i) Join with memorial districts in the purchase, acquisition, or
construction of memorial halls, assembly halls, buildings, or meeting
places, or in the accomplishment of any other purpose for which a
memorial district has been organized, using the funds authorized to
be raised by this section. Title to any property so purchased,
acquired, or constructed may be taken in the name of the memorial
district or jointly with the county, or the county may convey any
property so acquired, purchased, or constructed to the memorial
district without consideration to the county. The board of
supervisors may transfer to a memorial district funds raised pursuant
to this section to be expended by the district in furtherance of the
purposes of the district under terms and conditions consistent with
the purposes for which the funds were raised.
SEC. 4. Section 1264 of the Military and Veterans Code is amended
to read:
1264. The governing body maintaining any facilities constructed
or maintained pursuant to this chapter may provide for the use of
such facilities by persons or organizations other than veterans,
either free of charge or for stated compensation to aid in defraying
the cost of maintenance, for any purpose not inconsistent with the
continued use pursuant to this chapter, when such use will not unduly
interfere with the reasonable use of the facilities by a veterans
association, veterans service organization, or nonprofit veteran
service agency.
SEC. 5. Section 1266 of the Military and Veterans Code is amended
to read:
1266. (a) Whenever a city, county, or city and county has
provided, maintained, or provided and maintained any building,
memorial hall, meeting place, memorial park, or recreation center for
the use or benefit of one or more veterans associations, veterans
service organizations, or nonprofit veteran service agencies pursuant
to Section 1262 or Section 37461 of the Government Code, the
provision of that facility and its acceptance by the veterans
associations, veterans service organizations, or nonprofit veteran
service agencies constitutes a dedication of that property to a
public purpose, and the city, county, or city and county may not
revoke the dedication, so long as the veterans associations, veterans
service organizations, or nonprofit veteran service agencies have
not violated the terms and conditions of the dedication, unless the
city, county, or city and county dedicates substitute facilities or
unless the veterans associations, veterans service organizations, or
nonprofit veteran service agencies have either consented to the
proposed city, county, or city and county action or have abandoned
use of the facilities.
(b) For purposes of subdivision (a), a property shall not be
considered abandoned if the veterans association, veterans service
organization, or nonprofit veteran service agency is required to move
from the property in order for the property to undergo seismic
retrofitting or remodeling.
SEC. 6. The Legislature finds and declares that uniformly
enforcing veterans organizations' rights to use facilities dedicated
pursuant to Section 1266 of the Military and Veterans Code is a
matter of statewide concern, and not a municipal affair, as that term
is used in Section 5 of Article XI of the California Constitution.
