BILL ANALYSIS Ó
SB 725
Page 1
SENATE THIRD READING
SB 725 (Anderson)
As Amended August 8, 2013
Majority vote
SENATE VOTE :36-0
VETERANS AFFAIRS 8-0 LOCAL GOVERNMENT 9-0
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|Ayes:|Muratsuchi, Chávez, |Ayes:|Achadjian, Levine, Alejo, |
| |Atkins, Brown, Grove, | |Bradford, Gordon, |
| |Melendez, Salas, Yamada | |Melendez, Mullin, Rendon, |
| | | |Waldron |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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)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 current law, as
specified, 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 city, county, or city and county dedicates
substitute facilities 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
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non-profit veterans service agency is required to move from
the property in order for the property to undergo seismic
retrofitting or remodeling.
3)Makes a legislative finding and declaration that uniformly
enforcing veterans organizations' rights to use facilities
dedicated pursuant to Military and Veterans Code Section 1266
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)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.
2)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;
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. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : 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) of 1921 and AB 688 (Burns) of
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
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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 the Leadership in Energy and Environmental
Design (LEED) Silver Certification upon its
completion, which is anticipated in the Spring of
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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.
This bill represents 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.
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Analysis Prepared by : John Spangler / V.A. / (916) 319-3550
FN: 0001843