Amended in Senate April 6, 2015

Senate Bill No. 536

Introduced by Senator Roth

February 26, 2015

An act to amend Section begin delete 51 end delete begin insert 435 end insert of the Military and Veterans Code, relating to begin delete the Military Department. end delete begin insert armories. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 536, as amended, Roth. begin delete Military Department. end delete begin insert Armories. end insert

begin insert

Existing law authorizes the Director of General Services, with the approval of the Adjutant General, to lease and sell real property held for armory purposes, subject to legislative approval. Existing law establishes the Armory Fund and requires that all proceeds from the sale or lease of armories be deposited into the fund, for use, upon appropriation by the Legislature, for specified purposes related to armories.

end insert begin insert

This bill would instead require the net proceeds, as defined, from the sale or lease of an armory to be deposited into the Armory Fund. The bill would, upon appropriation by the Legislature, authorize the Department of General Services to use moneys from the Property Acquisition Law Money Account for the purposes of selling armory properties. The bill would also specify that the sale of an armory is on an “as is” basis, and is exempt from specified laws. The bill would authorize the Director of General Services, with the approval of the Adjutant General, to sell specified armories pursuant to these provisions.

end insert begin delete

Existing law establishes in state government the Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 435 of the end insert begin insert Military and Veterans Code end insert begin insert is
amended to read: end insert

435.  

(a) The Director of General Services, with the approval
of the Adjutant General, may lease for not more than 99 years or
sell for fair market value upon terms and conditions and subject
to any reservations and exceptions as may be determined to be in
the best interests of the state any real property held for armory
purposes. No real property shall be sold or lease entered into
pursuant to this subdivision unless the Legislature, by statute,
approves the sale or lease of the property.

(b) There is in the State Treasury the Armory Fund. All begin insert net end insert
proceeds from the sale or lease of begin delete armories end delete begin insert an armory end insert shall be
deposited in the fund. The money in the fund is available, upon
appropriation by the Legislature, for the maintenance of existing
armories, and for the acquisition or construction of new or
replacement armories, including, but not limited to, the cost of
design. The disposition of armory properties shall not be subject
to subdivision (g) of Section 11011 of the Government Code.

begin insert

(c) For the purposes of this section, “net proceeds” shall be
defined as the gross proceeds less:

end insert begin insert

(1) Outstanding reimbursements due to the Property Acquisition
Law Account for costs incurred by the Department of General
Services in selling an armory property.

end insert begin insert

(2) All costs directly related to the disposition of an armory,
including, but not limited to, all costs and expenses incurred by
the Department of General Services, as specified in subdivision
(d).

end insert begin insert

(d) Notwithstanding subdivision (b), the Department of General
Services may, upon appropriation by the Legislature, use funds
from the Property Acquisition Law Account for the purposes of
selling armory properties. The Director of Finance may approve
loans from the General Fund to the Property Acquisition Law
Account.

end insert begin insert

(e) The sale of an armory shall be made on an “as is” basis
and shall be exempt from Division 13 (commencing with Section
21100) of the Public Resources Code. Upon vesting title of the
armory to the purchaser or transferee of the armory, the purchaser
or transferee shall be subject to any local governmental land use
entitlement requirements and to Division 13 (commencing with
Section 21100) of the Public Resources Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

Notwithstanding any other law and pursuant to Section
435 of the Military and Veterans Code, the Director of General
Services, with the approval of the Adjutant General, may sell any
of the following properties:

end insert begin insert

(a) Approximately 1.53 acres of real property with improvements
made thereon, located at 340 North Orange Avenue, Azusa,
California, known as the Azusa-Orange Armory.

end insert begin insert

(b) Approximately 1.78 acres of real property with improvements
made thereon, located at 650 North Second Avenue, Brawley,
California, known as the Brawley Armory.

end insert begin insert

(c) Approximately 2.12 acres of real property with improvements
made thereon, located at 200 N. Alameda Street, Compton,
California, known as the Compton-Alameda Armory.

end insert begin insert

(d) Approximately 3.35 acres of real property with improvements
made thereon, located at 43-143 N. Jackson Street, Indio,
California, known as the Indio Armory.

end insert begin insert

(e) Approximately 1.03 acres of real property with improvements
made thereon, located at 11398 Bullis Road, Lynwood, California,
known as the Lynwood Armory.

end insert begin insert

(f) Approximately .50 acres of real property with improvements
made thereon, located at 600 South Park Avenue, Pomona,
California, known as the Pomona Park Armory.

end insert begin insert

(g) Approximately 3.03 acres of real property with improvements
made thereon, located at 700 E. Canon Perdido Street, Santa
Barbara, California, known as the Santa Barbara Armory.

end insert begin insert

(h) Approximately 1.34 acres of real property with improvements
made thereon, located at Route 1, Box 120, Yreka, California,
known as the Yreka Armory.

end insert

begin delete

SECTION 1.  

Section 51 of the Military and Veterans Code is
amended to read:

51.  

The Military Department includes all of the following:

(a) The Office of the Adjutant General.

(b) The California National Guard.

(c) The State Military Reserve.

(d) The California Cadet Corps.

(e) The Naval Militia.

end delete