Amended in Assembly June 26, 2013

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:begin insert nonprofit veteran service agencies:end insert 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 tobegin delete cities and a cityend deletebegin insert cities, citiesend insert andbegin delete countyend deletebegin insert counties, and nonprofit veteran service agencies, as definedend insert. This bill would also provide that a property is not considered abandoned if the veteransbegin delete association orend deletebegin insert association,end insert veterans servicebegin delete organizationend deletebegin insert organization, or nonprofit veteran service agencyend insert is required to move from the property in order for the property to undergo seismic retrofitting or remodeling, and that the veteransbegin delete association orend deletebegin insert association,end insert veterans servicebegin delete organizationend deletebegin insert organization, or nonprofit veteran service agencyend insert 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.

begin insert

21(d) “Nonprofit veteran service agency” shall have the meaning
22given in Section 999.51 of the Military and Veterans Code.

end insert
23

SEC. 2.  

Section 1261 of the Military and Veterans Code is
24amended to read:

25

1261.  

Any political subdivision may lease any lot or building
26or part thereof belonging to it and not required for public use, for
27not exceeding 20 years, or may acquire and lease or sublease any
28lot or building or part thereof for not exceeding 20 years, to a
29veteransbegin delete association orend deletebegin insert association,end insert veterans servicebegin delete organizationend delete
30begin insert organization, or nonprofit veteran service agencyend insert organized in
P3    1such political subdivision, to be used for the purposes ofbegin delete suchend deletebegin insert the
2veterans association, end insert
veterans servicebegin delete organization.end deletebegin insert organization,
3or nonprofit veteran service agencyend insert
begin insert.end insert The rental shall be fixed by
4the governing body of the political subdivisions, and may be
5nominal in amount.

6

SEC. 3.  

Section 1262 of the Military and Veterans Code is
7amended to read:

8

1262.  

Any county may provide, maintain, or provide and
9maintain buildings, memorial halls, meeting places, memorial
10parks, or recreation centers for the use or benefit of one or more
11veteransbegin delete associations orend deletebegin insert associations,end insert veterans service
12begin delete organizations.end deletebegin insert organizations, or nonprofit veteran service agencies.end insert
13 For these purposes the board of supervisors of any county may:

14(a) Purchase, receive by donation, condemn, lease, or acquire
15real or personal property necessary for such buildings, memorial
16parks, or recreation centers, and improve, preserve, manage, and
17control the same.

18(b) Purchase, construct, lease, furnish, or repair such buildings,
19and provide custodians, employees, attendants, and supplies for
20the proper maintenance thereof.

21(c) Clear, grade, plant, irrigate, fence, and improve such
22memorial parks, or recreation centers, and provide custodians,
23employees, attendants, and supplies for the proper maintenance
24thereof.

25(d) Furnish sites for such buildings to be built by or for such
26organizations, and furnish sites for the erection thereon of such
27buildings, the funds for whichbegin delete areend deletebegin insert shall beend insert supplied by county
28authorities or from other sources. Any part or portion of any public
29lot, block, or park may be used for such purpose.

30(e) Levy a special tax pursuant to Article 3.5 (commencing with
31Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of
32the Government Code, and spend the proceeds for the purposes of
33this chapter.

34(f) Establish a fund for the purposes hereof, and transfer from
35the General Fund to such fund such moneys as the board deems
36necessary.

37(g) Incur, in the manner provided by law, a bonded indebtedness
38on behalf of the county for any of the purposes hereof.

39(h) Join with any incorporated city in the county in the
40accomplishment of the above purposes and to that end hold jointly
P4    1with such city all property acquired, andbegin delete expendedend deletebegin insert expendend insert money
2in conjunction with such city in accomplishing the above purposes.
3Title to any property jointly so acquired by a county and a city
4may at any time be conveyed by either of the joint owners to the
5other without consideration other than to carry out the purposes
6of this section.

7(i) Join with memorial districts in the purchase, acquisition, or
8construction of memorial halls, assembly halls,begin delete buildingsend deletebegin insert buildings,end insert
9 or meeting places, or in the accomplishment of any other purpose
10for which a memorial district has been organized, using the funds
11authorized to be raised by this section. Title to any property so
12purchased, acquired, or constructed may be taken in the name of
13the memorialbegin delete district,end deletebegin insert districtend insert or jointly with the county, or the
14county may convey any property so acquired, purchased, or
15constructed to the memorial district without consideration to the
16county. The board of supervisors may transfer to a memorial
17district funds raised pursuant to this section to be expended by the
18district in furtherance of the purposes of the district under terms
19and conditions consistent with the purposes for which the funds
20were raised.

21

SEC. 4.  

Section 1264 of the Military and Veterans Code is
22amended to read:

23

1264.  

The governing body maintaining any facilities
24constructed or maintained pursuant to this chapter may provide
25for the use of such facilities by persons or organizations other than
26veterans, either free of charge or for stated compensation to aid in
27defraying the cost of maintenance, for any purpose not inconsistent
28with the continued use pursuant to this chapter, when such use will
29not unduly interfere with the reasonable use of the facilities bybegin insert a end insert
30 veteransbegin delete associations orend deletebegin insert association,end insert veterans service
31begin delete organizations.end deletebegin insert organization, or nonprofit veteran service agency.end insert

32

SEC. 5.  

Section 1266 of the Military and Veterans Code is
33amended to read:

34

1266.  

(a) Whenever a city, county, or city and county has
35provided, maintained, or provided and maintained any building,
36memorial hall, meeting place, memorial park, or recreation center
37for the use or benefit of one or more veteransbegin delete associations orend delete
38begin insert associations, end insert veterans servicebegin delete organizations,end deletebegin insert organizations, or
39nonprofit veteran service agenciesend insert
pursuant to Section 1262 or
40Section 37461 of the Government Code, the provision of that
P5    1facility and its acceptance by the veteransbegin delete associations orend delete
2begin insert associations,end insert veterans servicebegin delete organizationsend deletebegin insert organizations, or
3nonprofit veteran service agenciesend insert
constitutes a dedication of that
4property to a public purpose, and the city, county, or city and
5county may not revoke the dedication, so long as the veterans
6begin delete associations orend deletebegin insert associations,end insert veterans servicebegin delete organizationsend delete
7begin insert organizations, or nonprofit veteran service agenciesend insert have not
8violated the terms and conditions of the dedication, unlessbegin delete it
9dedicates substitute facilities or unless end delete
the veteransbegin delete associations
10orend delete
begin insert associations,end insert veterans servicebegin delete organizationsend deletebegin insert organizations, or
11nonprofit veteran service agenciesend insert
have either consented to the
12proposed city, county, or city and county action or have abandoned
13use of the facilities.

14(b) For purposes of subdivision (a), a property shall not be
15considered abandoned if the veteransbegin delete association orend deletebegin insert association,end insert
16 veterans servicebegin delete organizationend deletebegin insert organization, or nonprofit veteran
17service agencyend insert
is required to move from the property in order for
18the property to undergo seismic retrofitting or remodeling. Upon
19completion of any retrofit or remodeling, the veteransbegin delete association
20orend delete
begin insert associations,end insert veterans servicebegin delete organizationend deletebegin insert organizations, or
21nonprofit veteran service agenciesend insert
shall be allowed to return tobegin delete itsend delete
22begin insert theirend insert previous space in thebegin delete property.end deletebegin insert property or be given
23comparable substitute space therein.end insert

24

SEC. 6.  

The Legislature finds and declares that uniformly
25enforcing veterans organizations’ rights to use facilities dedicated
26pursuant to Section 1266 of the Military and Veterans Code is a
27matter of statewide concern, and not a municipal affair, as that
28term is used in Section 5 of Article XI of the California
29Constitution.



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