Senate Bill No. 725

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)  begin delete “Veterans’ association” end delete begin insert “Veterans service organization” end insert
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 begin delete armed forces end delete begin insert Armed Forces end insert 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 begin delete twenty end delete begin insert 20 end insert years, or may acquire and lease or
sublease any lot or building or part thereof for not exceeding begin delete twenty end delete
begin insert 20 end insert years, to a begin delete veterans’ association end delete begin insert veterans service organization end insert
organized in such political subdivision, to be used for the purposes
of such begin delete veterans’ association end delete begin insert end insert begin insert veterans service organization end insert . 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 begin insert , end insert or provide and
maintain buildings, memorial halls, meeting places, memorial
parks, or recreation centers for the use or benefit of one or more
begin delete veterans’ associations end delete begin insert veterans service organizations end insert . 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
begin delete veterans’ associations end delete begin insert veterans service organizations end insert .

SEC. 5.  

Section 1266 of the Military and Veterans Code is
amended to read:

1266.  

begin insert (a) end insert begin insert   end insert Whenever a begin delete county end delete begin insert city, county, or city and county end insert
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 begin delete veterans’ associations end delete begin insert veterans
service organizations end insert , pursuant to Section 1262, the provision of
that facility and its acceptance by the begin delete veterans’ association end delete begin insert veterans
service organizations end insert constitutes a dedication of that property to
a public purpose, and the begin delete county end delete begin insert city, county, or city and county end insert
may not revoke the dedication, so long as the begin delete veterans’ association
has end delete begin insert veterans service organizations have end insert not violated the terms and
conditions of the dedication, unless it dedicates substitute facilities
or unless the begin delete veterans’ organization has end delete begin insert veterans service
organizations have end insert either consented to the proposed begin delete county end delete begin insert city,
county, or city and county end insert action or begin delete has end delete begin insert have end insert abandoned begin delete its end delete use of
the facilities.

begin insert

(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.

end insert