Amended in Senate May 1, 2013

Senate BillNo. 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 amended, 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 veteransbegin insert association or veteransend insert service organization is required to move from the property in order for the property to undergo seismic retrofitting or remodeling, and that the veteransbegin insert association or veteransend insert 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 veteransbegin insert association or veteransend insert 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:

P2    1

SECTION 1.  

Section 1260 of the Military and Veterans Code
2 is amended to read:

3

1260.  

As used in this chapter, unless the context otherwise
4indicates:

5(a) “Political subdivision” means any city, county, district, or
6other local governmental agency.

7(b) “Governing body” means the board of supervisors in the
8case of a county, or the city council or board of trustees or other
9governing board in the case of a city, district, or other local
10governmental agency.

11(c) “Veteransbegin insert association” or “veteransend insert service organization”
12means any association or organization which is composed solely
13of persons who served honorably in time of war or in time of peace
14in a campaign or expedition for service in which a medal has been
15authorized by the government of the United States, as members
16of the Armed Forces of the United States, or who as citizens of
17the United States served honorably in time of war as members of
18the armed forces of any nation whose government was allied with
19the United States during that war, and which is organized for
20patriotic, fraternal, and benevolent objects.

21

SEC. 2.  

Section 1261 of the Military and Veterans Code is
22amended to read:

23

1261.  

Any political subdivision may lease any lot or building
24or part thereof belonging to it and not required for public use, for
25not exceeding 20 years, or may acquire and lease or sublease any
26lot or building or part thereof for not exceeding 20 years, to a
27veteransbegin insert association or veteransend insert service organization organized
28in such political subdivision, to be used for the purposes of such
29veterans service organization. The rental shall be fixed by the
30governing body of the political subdivisions, and may be nominal
31in amount.

32

SEC. 3.  

Section 1262 of the Military and Veterans Code is
33amended to read:

34

1262.  

Any county may provide, maintain, or provide and
35maintain buildings, memorial halls, meeting places, memorial
36parks, or recreation centers for the use or benefit of one or more
37veteransbegin insert associations or veteransend insert service organizations. For these
38purposes the board of supervisors of any county may:

P3    1(a) Purchase, receive by donation, condemn, lease, or acquire
2real or personal property necessary for such buildings, memorial
3parks, or recreation centers, and improve, preserve, manage, and
4control the same.

5(b) Purchase, construct, lease, furnish, or repair such buildings,
6and provide custodians, employees, attendants, and supplies for
7the proper maintenance thereof.

8(c) Clear, grade, plant, irrigate, fence, and improve such
9memorial parks, or recreation centers, and provide custodians,
10employees, attendants, and supplies for the proper maintenance
11thereof.

12(d) Furnish sites for such buildings to be built by or for such
13organizations, and furnish sites for the erection thereon of such
14buildings, the funds for which are supplied by county authorities
15or from other sources. Any part or portion of any public lot, block,
16or park may be used for such purpose.

17(e) Levy a special tax pursuant to Article 3.5 (commencing with
18Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of
19the Government Code, and spend the proceeds for the purposes of
20this chapter.

21(f) Establish a fund for the purposes hereof, and transfer from
22the General Fund to such fund such moneys as the board deems
23necessary.

24(g) Incur, in the manner provided by law, a bonded indebtedness
25on behalf of the county for any of the purposes hereof.

26(h) Join with any incorporated city in the county in the
27accomplishment of the above purposes and to that end hold jointly
28with such city all property acquired, and expended money in
29conjunction with such city in accomplishing the above purposes.
30Title to any property jointly so acquired by a county and a city
31may at any time be conveyed by either of the joint owners to the
32other without consideration other than to carry out the purposes
33of this section.

34(i) Join with memorial districts in the purchase, acquisition, or
35construction of memorial halls, assembly halls, buildings or
36meeting places, or in the accomplishment of any other purpose for
37which a memorial district has been organized, using the funds
38authorized to be raised by this section. Title to any property so
39purchased, acquired, or constructed may be taken in the name of
40the memorial district, or jointly with the county, or the county may
P4    1convey any property so acquired, purchased, or constructed to the
2memorial district without consideration to the county. The board
3of supervisors may transfer to a memorial district funds raised
4pursuant to this section to be expended by the district in furtherance
5of the purposes of the district under terms and conditions consistent
6with the purposes for which the funds were raised.

7

SEC. 4.  

Section 1264 of the Military and Veterans Code is
8amended to read:

9

1264.  

The governing body maintaining any facilities
10constructed or maintained pursuant to this chapter may provide
11for the use of such facilities by persons or organizations other than
12veterans, either free of charge or for stated compensation to aid in
13defraying the cost of maintenance, for any purpose not inconsistent
14with the continued use pursuant to this chapter, when such use will
15not unduly interfere with the reasonable use of the facilities by
16veteransbegin insert associations or veteransend insert service organizations.

17

SEC. 5.  

Section 1266 of the Military and Veterans Code is
18amended to read:

19

1266.  

(a) Whenever a city, county, or city and county has
20provided, maintained, or provided and maintained any building,
21memorial hall, meeting place, memorial park, or recreation center
22for the use or benefit of one or more veteransbegin insert associations or
23veterans end insert
service organizations, pursuant to Section 1262, the
24provision of that facility and its acceptance by the veterans
25begin insert associations or veterans end insert service organizations constitutes a
26dedication of that property to a public purpose, and the city, county,
27or city and county may not revoke the dedication, so long as the
28veteransbegin insert associations or veteransend insert service organizations have not
29violated the terms and conditions of the dedication, unless it
30dedicates substitute facilities or unless the veteransbegin insert associations
31or veteransend insert
service organizations have either consented to the
32proposed city, county, or city and county action or have abandoned
33use of the facilities.

34(b) For purposes of subdivision (a), a property shall not be
35considered abandoned if the veteransbegin insert association or veteransend insert
36 service organization is required to move from the property in order
37for the property to undergo seismic retrofitting or remodeling.
38Upon completion of any retrofit or remodeling, the veterans
P5    1begin insert association or veteransend insert service organization shall be allowed to
2return to its previous space in the property.



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