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 ----------------------------------------------------------------- |Ayes:|Muratsuchi, Chávez, |Ayes:|Achadjian, Levine, Alejo, | | |Atkins, Brown, Grove, | |Bradford, Gordon, | | |Melendez, Salas, Yamada | |Melendez, Mullin, Rendon, | | | | |Waldron | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 SB 725 Page 2 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 SB 725 Page 3 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 SB 725 Page 4 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. SB 725 Page 5 Analysis Prepared by : John Spangler / V.A. / (916) 319-3550 FN: 0001843