BILL ANALYSIS Ó
SB 725
Page 1
Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Al Muratsuchi, Chair
SB 725 (Anderson) - As Amended: June 26, 2013
SENATE VOTE : 36-0
SUBJECT : Veterans buildings and memorials: county and city
property: veterans service organizations: retrofit and remodel
SUMMARY : Expands the prohibitions in existing law whereby, a
county may not revoke the dedication of specified facilities to
a veterans' association.
Specifically, this bill :
1)Directs that whenever a city, county, or city and county 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 veterans'
associations, veterans service organizations, or non-profit
veterans service agencies pursuant to Section 1262, the 1262
or Section 37461 of the Government Code, the provision of
that facility and its acceptance by the veterans' association,
veterans service organizations, or non-profit veterans service
agencies constitutes a dedication of that property to a public
purpose, and the city, county, or city and county may not
revoke the dedication, so long as the veterans associations,
veterans service organizations, or non-profit veterans service
agencies have not violated the terms and conditions of the
dedication, or unless the veterans associations, veterans
service organizations, or non-profit veterans service agencies
have either consented to the proposed city, county, or city
and county action or have abandoned their use of the
facilities.
2)Clarifies that property shall not be considered abandoned if
the veterans association, veterans service organization, or
non-profit veterans service agency is required to move from
the property in order for the property to undergo seismic
retrofitting or remodeling.
3)Directs that upon completion of any retrofit or remodeling,
the veterans association, veterans service organization, or
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non-profit veterans service agency shall be allowed to return
to its previous space in the property or comparable substitute
space.
4)Makes a legislative finding and declaration that uniformly
enforcing veterans organizations' rights to use facilities
dedicated pursuant to Section 1266 of the Military and
Veterans Code is a matter of statewide concern, and not a
municipal affair, as that term is used in Section 5 of Article
XI of the California Constitution.
EXISTING LAW :
1)Does not define veterans service organization.
2)Does not include veterans service organizations or non-profit
veterans service agencies as entities to which a political
subdivision may lease a public building or lot not required
for public use.
3)Does not include veterans service organizations or non-profit
veterans service agencies among those for which a county may
provide and maintain buildings, memorial halls, etc.
4)States that whenever a county has provided, maintained, or
provided and maintained any place as specified for the use or
benefit of one or more veterans' associations, the provision
of that facility and its acceptance by the veterans'
association constitutes a dedication of that property to a
public purpose.
5)States that the county may not revoke the dedication, so long
as the veterans' association has not violated the terms and
conditions of the dedication, unless:
a) The county dedicates substitute facilities, or
b) The veterans' organization has either consented to the
proposed county action, or
c) The veterans organization has abandoned its use of the
facilities.
FISCAL EFFECT : Unknown at this time. This bill is not keyed
fiscal.
COMMENTS : Shortly after World War I, California law authorized
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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).
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 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 back, creating concern that a veterans'
organization's right of return could be in question.
According to the author:
As aging public places throughout California gradually
require repair and upkeep, good intentions sometimes suffer
from confusion and uncertainty. One example is described by
LA Downtown News: "Patriotic Hall has been home primarily
to various veterans' organizations. These groups moved out
in 2006 when the building was closed. Several of the
groups, including American Legion Post 8 are in temporary
offices on Grand Avenue and intend on returning to
Patriotic Hall when the renovations are complete in 2012.
The original deed specified that the building must remain a
veteran's facility as long as such groups wanted to stay
there, but with the dwindling amount of veterans since
World War II, the building has been used for other things?"
According to the Los Angeles Times, "On September 8 2009,
the County of Los Angeles Board of Supervisors approved a
$45.3 million project to renovate the historic Bob Hope
Patriotic Hall. The renovation includes replacement of the
building's mechanical, electrical, plumbing, and
ventilation systems; renovation of the 10th floor
gymnasium, full service kitchen, and vertical
transportation systems; restoration of the 474-seat
auditorium, American with Disabilities Act upgrades, and
landscaping and reconfiguration of the existing surface
parking lot. The building's historic features have been
restored in accordance with the Secretary of the Interior's
Standards. The renovation is also anticipated to achieve
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the Leadership in Energy and Environmental Design (LEED)
Silver Certification upon its completion, which is
anticipated in the Spring of 2013."
This bill makes it abundantly clear that a tenant's moving out
for purposes of remodeling or seismic retrofitting does not
constitute abandonment.
This bill modernizes the entities to which property may be
dedicated to reflect the various service groups which have
evolved to support veterans. It will now be clear that property
may be dedicated for use of veterans associations, veterans
service organizations, and non-profit veterans service
organizations.
Under existing law a county may revoke a dedication to a
veterans group in several ways. A dedication may be revoked:
1) By operation of its terms. For example, the dedication
may be only for a certain number of years;
2) If the veterans group violates the terms of the
dedication;
3) If the veterans group consents;
4) If the veterans group abandons the property; or
5) If the County dedicates substitute facilities to the
group.
Policy Issue for Members : This bill does represent a policy
shift to limit the existing power of a county to move veterans
groups from dedicated property at any time if substitute
facilities are dedicated. Cities and counties will no longer be
able to move veterans groups from a location at any time by
dedicating substitute facilities .
Under this proposal a dedication may be revoked:
1) By operation of its terms. For example, the dedication
may be only for a certain number of years;
2) If the veterans group violates the terms of the
dedication;
3) If the veterans group consents; or
4) If the veterans group abandons the property.
The bill also clarifies the return rights of groups moved out
temporarily for retrofitting as well as the location and nature
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of "substitute facilities" to for the veterans group on
completion of the retrofitting. Under this bill the veterans
group may return to its former space in a property after a
seismic retrofit or remodel unless it is given comparable
substitute space in the same property.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion-Department of California,
AMVETS Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
VFW-Department of California
Vietnam Veterans of America-California State Council
Opposition
None at this time.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550