Bill Text: CA SB725 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 725	INTRODUCED
	BILL TEXT


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, as introduced, Anderson. Veterans buildings and memorials:
county and city property: veterans service organizations: 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 and a city and county.
This bill would also provide that a property is not considered
abandoned if the veterans service organization is required to move
from the property in order for the property to undergo seismic
retrofitting or remodeling, and that the veterans service
organization is to be allowed to return to its previous space in the
property upon completion of any retrofit or remodeling.
   This bill would make technical, nonsubstantive changes to change
references to veterans' association to veterans service organization.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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"   "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   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.
  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  twenty   20  years, or may
acquire and lease or sublease any lot or building or part thereof for
not exceeding  twenty   20  years, to a
 veterans' association   veterans service
organization  organized in such political subdivision, to be
used for the purposes of such  veterans' association
    veterans service organization  . 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  . 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 are 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 expended 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 
veterans' associations   veterans service organizations
 .
  SEC. 5.  Section 1266 of the Military and Veterans Code is amended
to read:
   1266.   (a)    Whenever a  county
  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  , pursuant to Section 1262, the
provision of that facility and its acceptance by the 
veterans' association   veterans service organizations
 constitutes a dedication of that property to a public purpose,
and the  county   city, county, or city and
county  may not revoke the dedication, so long as the 
veterans' association has   veterans service
organizations have  not violated the terms and conditions of the
dedication, unless it dedicates substitute facilities or unless the
 veterans' organization has   veterans service
organizations have  either consented to the proposed 
county   city, county, or city and county  action
or  has   have abandoned  its
 use of the facilities. 
   (b) For purposes of subdivision (a), a property shall not be
considered abandoned if the veterans service organization is required
to move from the property in order for the property to undergo
seismic retrofitting or remodeling. Upon completion of any retrofit
or remodeling, the veterans service organization shall be allowed to
return to its previous space in the property.