BILL ANALYSIS Ó
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 725 HEARING: 5/8/13
AUTHOR: Anderson FISCAL: No
VERSION: 5/1/13 TAX LEVY: No
CONSULTANT: Austin
VETERANS' ORGANIZATIONS' USE OF PUBLIC PROPERTY
Ensures that veterans' organizations can return to
veterans' dedicated buildings after being displaced for
building repairs and renovations.
Background and Existing Law
Shortly after World War I, California law authorized
counties and cities to provide and maintain buildings,
memorials, or meeting places for the use of veterans'
organizations (SB 935, Irwin, 1921 and AB 688, Burns,
1927).
A county may act jointly with a city to provide and
maintain public spaces for veterans. Title to property
acquired for this purpose may be held jointly or
transferred to a county or a city.
State law requires that when a county provides a facility
for the use of or benefit of veterans' organizations, its
acceptance by the veterans' organizations constitutes a
dedication of that property to a public purpose (SB 544,
Dills, 1989). The county may not revoke the dedication
unless:
The veterans' organizations violate the terms and
conditions of dedication,
The county dedicates substitute facilities,
The veterans' organizations consent to the proposed
county action, or
The veterans' organizations abandon the use of the
facility.
In 2009, the Los Angeles County Board of Supervisors
approved a $45.3 million renovation of the Bob Hope
Patriotic Hall, which was built in 1925. According to the
Los Angeles Times, the renovation included replacement of
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the building's mechanical, electrical, plumbing, and
ventilation systems. Tenants were moved out of the
building into temporary quarters until the renovation was
completed. In 2012, as the project neared completion,
several veterans groups, including the American Legion,
expressed concern that they would not be getting their
original office space, creating concern that a veterans'
organization's right of return could be in question.
Veteran's advocates want to clarify what constitutes a
veterans organization's abandonment of a building, meeting
space, or other facility dedicated to its use.
Proposed Law
Senate Bill 725 expands the types of local governments that
cannot revoke the dedication of a specified veterans'
facility to include a city, and a city and county.
Senate Bill 725 clarifies that a county, city, or city and
county may not revoke the dedication of specified
facilities to a veterans' service organization, on grounds
of abandonment, if the organization was required to move
out in order for the property to undergo seismic
retrofitting or remodeling.
The bill makes additional non-substantive changes,
including replacing the term "veterans' association" with
"veterans association or veterans service organization"."
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Veterans' advocates are seeking
clarity after several veterans groups, including the
American Legion, expressed concern about their ability to
return to space dedicated to them in the Los Angeles' Bob
Hope Patriotic Hall. They are concerned that other
veterans' service organizations ability to return could be
hindered in because the issue is not clear. Senate Bill
725 seeks to ensure that veteran's organizations do not
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lose their right to return to halls and buildings dedicated
for their use, when temporarily displaced for repairs and
renovations.
2. Necessary ? Veterans' organizations concerns about
returning to the Bob Hope Patriotic Hall appear to be
resolved. It is not clear that other similar instances
have occurred. If the parties involved in the Bob Hope
dispute were able to come to an amendable solution under
current law, is SB 725 necessary?
3. Charter Cities . The California Constitution lets
charter cities control their municipal affairs. The 121
charter cities must follow statewide laws for issues of
statewide concern. The courts, not the Legislature,
interpret the Constitution, and decide what constitutes a
municipal affair and what is considered a matter of
statewide concern. Because SB 725 doesn't declare that the
dedication of facilities for veterans is an issue of
statewide concern, the bill doesn't apply to charter
cities. To apply SB 725 to charter cities, the Committee
may wish to consider amending the bill to add findings and
declarations establishing that veterans' organizations
access to facilities dedicated for their use is a matter of
statewide concern.
4. Cross Reference . SB 725 references Military and
Veterans Code Section 1262, which gives a county the
authority to dedicate facilities, but doesn't reference
Government Code Section 37461, which gives the same
authority to cities. To apply the bill's provisions to
both counties and cities the Committee may wish to consider
amending SB 725 to add a cross-reference to Government Code
Section 37461.
Support and Opposition (5/2/13)
Support : American Legion, Department of California;
AMVETS, Department of California; Veterans of Foreign Wars,
Department of California; Vietnam Veterans of America;
California State Council; California Association of County
Veterans Service Officers; California State Commanders
Veterans Council.
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Opposition : Unknown.