BILL ANALYSIS Ó
SB 725
Page 1
Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 725 (Anderson) - As Amended: August 8, 2013
SENATE VOTE : 36-0
SUBJECT : Veterans buildings and memorials: county and city
property: veterans service organizations: nonprofit veteran
service agencies: retrofit and remodel.
SUMMARY : Clarifies the conditions under which the dedicated use
of facilities by veterans' organizations can be revoked by
cities and counties. Specifically, this bill :
1)Provides 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 nonprofit
veterans service agencies pursuant to current law, as
specified, the provision of that facility and its acceptance
by the veterans associations, veterans service organizations,
or nonprofit 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 nonprofit veterans service agencies have not
violated the terms and conditions of the dedication, unless
the city, county, or city and county dedicates substitute
facilities or unless the veterans associations, veterans
service organizations, or nonprofit veterans service agencies
have either consented to the proposed city, county, or city
and county action or have abandoned use of the facilities.
2)Clarifies that, for purposes of 1), above, a property shall
not be considered abandoned if the veterans association,
veterans service organization, or nonprofit veteran service
agency is required to move from the property in order for the
property to undergo seismic retrofitting or remodeling.
3)Updates terms and definitions to include "veterans service
organization" in the current-law definition of "veterans'
association," and defines "nonprofit veteran service agency"
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to mean a community-based organization that meets the
following requirements:
a) It is exempt from tax under Section 501(c)(3) of the
Internal Revenue Code; and,
b) Its principal purpose is to provide housing, substance
abuse, case management, and employment training services
for low-income veterans, disabled veterans, or homeless
veterans and their families.
4)Incorporates "veterans service organization" and "nonprofit
veteran service agency" in statutes governing the provision of
facilities by local agencies for the use of veterans groups.
5)Finds and declares 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)Allows any political subdivision to lease any lot or building
or part thereof belonging to it and not required for public
use, for not exceeding 20 years, or to acquire and lease or
sublease any lot or building or part thereof for not exceeding
20 years, to a veterans' association organized in such
political subdivision, to be used for the purposes of such
veterans' association. The rental shall be fixed by the
governing body of the political subdivisions, and may be
nominal in amount.
2)Allows any county to provide, maintain or provide and maintain
buildings, memorial halls, meeting places, memorial parks, or
recreation centers for the use or benefit of one or more
veterans' associations. For these purposes the board of
supervisors of any county may engage in a number of activities
to acquire and maintain such facilities, as specified.
3)Provides that, whenever a 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, pursuant to
current law, as specified, the provision of that facility and
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its acceptance by the veterans' association constitutes a
dedication of that property to a public purpose, and the
county may not revoke the dedication, 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.
4)Defines "political subdivision" to mean any city, county,
district, or other local governmental agency.
5)Defines "veterans' association" to mean any association or
organization which is composed solely of persons who served
honorably in time of war or in time of peace in a campaign or
expedition for service in which a medal has been authorized by
the government of the United States, as members of the armed
forces of the United States, or who as citizens of the United
States served honorably in time of war as members of the armed
forces of any nation whose government was allied with the
United States during that war, and which is organized for
patriotic, fraternal, and benevolent objects.
FISCAL EFFECT : None
COMMENTS :
1)This bill clarifies the circumstances under which a veterans
organization can be considered to have "abandoned" its use of
a local agency facility, clarifies that cities are subject to
this statute, and updates terms and definitions to include
veterans service organizations and nonprofit veteran service
agencies (which provide housing, substance abuse, case
management, and employment training services for low-income
veterans, disabled veterans, or homeless veterans and their
families ) in statutes governing the provision of facilities
by local agencies for the use of veterans groups. This bill
is sponsored by the American Legion-Department of California,
AMVETS - Department of California, the California Association
of County Veterans Service Officers, the California State
Commanders Veterans Council, the VFW - Department of
California, and the Vietnam Veterans of America - California
State Council.
2)In 2009, the Los Angeles County Board of Supervisors approved
a $45.3 million renovation of the Bob Hope Patriotic Hall,
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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 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.
3)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?"
4)Current law allows any political subdivision (defined as any
city, county, district, or other local government agency) to
lease any lot or building or part thereof that it owns and
that is not required for public use for up to 20 years to a
veterans' association for the purposes of the association,
with the rent - which may be nominal - to be fixed by the
local agency's governing body.
5)Current law also allows any county to provide, maintain, or
provide and maintain buildings, memorial halls, meeting
places, memorial parks, or recreation centers for the use and
benefit of one or more veterans' associations. Current law
specifies that, whenever a county has done so, the provision
of that facility and its acceptance by the veterans'
association constitutes a dedication of that property to a
public purpose. As long as a veterans' association has not
violated the terms and conditions of a dedication, a county is
not allowed to revoke the dedication unless the county
dedicates substitute facilities, or unless the veterans'
organization has either consented to the proposed county
action or has abandoned its use of the facilities
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6)According to a list provided by the sponsor, California
counties own 39 buildings that house veterans groups, while
California cities own 59 such facilities. Of the city-owned
buildings, 17 are in charter cities, to which this bill would
apply.
7)Support arguments : Supporters argue that this bill provides a
needed clarification in statute that veterans organizations
can rely on for certainty in the future.
Opposition arguments : Opponents could argue that this bill is
unnecessary, given that the impetus for the bill was resolved
at the local level without a change to state law.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion-Department of California [SPONSOR]
AMVETS - Department of California [SPONSOR]
California Association of County Veterans Service Officers
[SPONSOR]
California State Commanders Veterans Council [SPONSOR]
VFW - Department of California [SPONSOR]
Vietnam Veterans of America - California State Council [SPONSOR]
California Association of Veteran Service Agencies
Veterans of Foreign Wars
Vietnam Veterans of California
Concerns
California State Association of Counties (to June 26 version of
the bill)
Rural County Representatives of California (to June 26 version
of the bill)
Urban Counties Caucus (to June 26 version of the bill)
Opposition
None on file
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Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958