BILL NUMBER: SB 536 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Roth
FEBRUARY 26, 2015
An act to amend Section 51 435 of
the Military and Veterans Code, relating to the Military
Department. armories.
LEGISLATIVE COUNSEL'S DIGEST
SB 536, as amended, Roth. Military Department.
Armories.
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.
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.
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.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 435 of the Military
and Veterans Code is amended to read:
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 net
proceeds from the sale or lease of armories
an armory 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.
(c) For the purposes of this section, "net proceeds" shall be
defined as the gross proceeds less:
(1) Outstanding reimbursements due to the Property Acquisition Law
Account for costs incurred by the Department of General Services in
selling an armory property.
(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).
(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.
(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.
SEC. 2. 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:
(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.
(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.
(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.
(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.
(e) Approximately 1.03 acres of real property with improvements
made thereon, located at 11398 Bullis Road, Lynwood, California,
known as the Lynwood Armory.
(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.
(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.
(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.
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.