Amended in Senate May 14, 2013

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 veterans association or 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 association or 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 association or 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:

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) “Veterans association” or “veterans 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
27veterans association or veterans service organization organized in
28such 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
P3    1parks, or recreation centers for the use or benefit of one or more
2veterans associations or veterans service organizations. For these
3purposes the board of supervisors of any county may:

4(a) Purchase, receive by donation, condemn, lease, or acquire
5real or personal property necessary for such buildings, memorial
6parks, or recreation centers, and improve, preserve, manage, and
7control the same.

8(b) Purchase, construct, lease, furnish, or repair such buildings,
9and provide custodians, employees, attendants, and supplies for
10the proper maintenance thereof.

11(c) Clear, grade, plant, irrigate, fence, and improve such
12memorial parks, or recreation centers, and provide custodians,
13employees, attendants, and supplies for the proper maintenance
14thereof.

15(d) Furnish sites for such buildings to be built by or for such
16organizations, and furnish sites for the erection thereon of such
17buildings, the funds for which are supplied by county authorities
18or from other sources. Any part or portion of any public lot, block,
19or park may be used for such purpose.

20(e) Levy a special tax pursuant to Article 3.5 (commencing with
21Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of
22the Government Code, and spend the proceeds for the purposes of
23this chapter.

24(f) Establish a fund for the purposes hereof, and transfer from
25the General Fund to such fund such moneys as the board deems
26necessary.

27(g) Incur, in the manner provided by law, a bonded indebtedness
28on behalf of the county for any of the purposes hereof.

29(h) Join with any incorporated city in the county in the
30accomplishment of the above purposes and to that end hold jointly
31with such city all property acquired, and expended money in
32conjunction with such city in accomplishing the above purposes.
33Title to any property jointly so acquired by a county and a city
34may at any time be conveyed by either of the joint owners to the
35other without consideration other than to carry out the purposes
36of this section.

37(i) Join with memorial districts in the purchase, acquisition, or
38construction of memorial halls, assembly halls, buildings or
39meeting places, or in the accomplishment of any other purpose for
40which a memorial district has been organized, using the funds
P4    1authorized to be raised by this section. Title to any property so
2purchased, acquired, or constructed may be taken in the name of
3the memorial district, or jointly with the county, or the county may
4convey any property so acquired, purchased, or constructed to the
5memorial district without consideration to the county. The board
6of supervisors may transfer to a memorial district funds raised
7pursuant to this section to be expended by the district in furtherance
8of the purposes of the district under terms and conditions consistent
9with the purposes for which the funds were raised.

10

SEC. 4.  

Section 1264 of the Military and Veterans Code is
11amended to read:

12

1264.  

The governing body maintaining any facilities
13constructed or maintained pursuant to this chapter may provide
14for the use of such facilities by persons or organizations other than
15veterans, either free of charge or for stated compensation to aid in
16defraying the cost of maintenance, for any purpose not inconsistent
17with the continued use pursuant to this chapter, when such use will
18not unduly interfere with the reasonable use of the facilities by
19veterans associations or veterans service organizations.

20

SEC. 5.  

Section 1266 of the Military and Veterans Code is
21amended to read:

22

1266.  

(a) Whenever a city, county, or city and county has
23provided, maintained, or provided and maintained any building,
24memorial hall, meeting place, memorial park, or recreation center
25for the use or benefit of one or more veterans associations or
26veterans service organizations, pursuant to Section 1262begin insert or Section
2737461 of the Government Codeend insert
, the provision of that facility and
28its acceptance by the veterans associations or veterans service
29organizations constitutes a dedication of that property to a public
30purpose, and the city, county, or city and county may not revoke
31the dedication, so long as the veterans associations or veterans
32service organizations have not violated the terms and conditions
33of the dedication, unless it dedicates substitute facilities or unless
34the veterans associations or veterans service organizations have
35either consented to the proposed city, county, or city and county
36action or have abandoned use of the facilities.

37(b) For purposes of subdivision (a), a property shall not be
38considered abandoned if the veterans association or veterans service
39organization is required to move from the property in order for the
40property to undergo seismic retrofitting or remodeling. Upon
P5    1completion of any retrofit or remodeling, the veterans association
2or veterans service organization shall be allowed to return to its
3previous space in the property.

4begin insert

begin insertSEC. 6.end insert  

end insert

begin insertThe Legislature finds and declares that uniformly
5enforcing veterans organizations’ rights to use facilities dedicated
6pursuant to Section 1266 of the Military and Veterans Code is a
7matter of statewide concern, and not a municipal affair, as that
8term is used in Section 5 of Article XI of the California
9Constitution.end insert



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