BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 725
          Author:   Anderson (R)
          Amended:  8/8/13
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  6-0, 4/9/13
          AYES: Hueso, Knight, Block, Correa, Lieu, Nielsen
          NO VOTE RECORDED: Roth, Vacancy

           SENATE GOVERNANCE & FINANCE COMMITTEE  :  7-0, 5/8/13
          AYES:  Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu

           SENATE FLOOR  :  36-0, 5/20/13 (Consent)  
          AYES:  Anderson, Beall, Berryhill, Block, Calderon, Cannella,  
            Corbett, Correa, De León, DeSaulnier, Evans, Fuller, Gaines,  
            Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,  
            Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley,  
            Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Emmerson, Lara, Price, Vacancy

           ASSEMBLY FLOOR  :  76-0, 9/3/13 - See last page for vote


           SUBJECT  :    Veterans buildings and memorials:  county and city  
          property:
                      retrofit remodel

           SOURCE  :     American Legion Department of California
                      AMVETS Department of California
                      California Association of County Veterans Service  
          Officers
                      California State Commanders Veterans Council
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                                                                     SB 725
                                                                     Page  
          2

                      Veterans of Foreign Wars - Department of California
                      Vietnam Veterans of America - California State  
          Council


           DIGEST  :    This bill expands the types of local governments that  
          cannot revoke the dedication of a specified veterans facility to  
          include a city, or city and county.

           Assembly Amendments  add nonprofit veteran service agency to the  
          types of entities whose dedications may not be revoked, as  
          specified, and re-inserts current law that allows cities and  
          counties to dedicate substitute space, and deletes language that  
          specifies that veterans agencies be allowed to return to their  
          previous space in properties that undergo retrofit or remodel or  
          be given comparable space in that same building, and make other  
          conforming changes.

           ANALYSIS  :    

          Existing law:

          1.Authorizes 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).  

          2.Allows a county to 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.


          3.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

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                                                                     SB 725
                                                                     Page  
          3

                     The veterans' organizations abandon the use of the  
                 facility.

          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"  
            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. 

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                                                                     SB 725
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          1.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. 

          2.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.

           Background
           
          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,   creating concern that a veterans'  
          organization's right of return could be in question. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  8/20/13)

          American Legion Department of California (co-source) 
          AMVETS Department of California (co-source) 
          California Association of County Veterans Service Officers  
          (co-source) 
          California State Commanders Veterans Council (co-source) 
          Veterans of Foreign Wars - Department of California (co-source) 
          Vietnam Veterans of America - California State Council  
          (co-source) 
          California Association of Veterans Service Agencies
          Veterans of Foreign Wars
          Vietnam Veterans of California

           ASSEMBLY FLOOR  : 76-0, 09/03/13

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                                                                     SB 725
                                                                     Page  
          5

          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED: Hall, Jones-Sawyer, Vacancy, Vacancy


          AL:nl:d  9/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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