Bill Text


PDF |Add To My Favorites |Track Bill | print page

AB-1315 Veterans’ homes: lease of property.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/20/2021 04:00 AM
AB1315:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1315


Introduced by Committee on Military and Veterans Affairs (Assembly Members Irwin (Chair), Voepel (Vice Chair), Boerner Horvath, Daly, Frazier, Mathis, Muratsuchi, Petrie-Norris, Ramos, Salas, and Smith)

February 19, 2021


An act to amend Section 1023.2 of the Military and Veterans Code, relating to veterans’ homes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1315, as introduced, Committee on Military and Veterans Affairs. Veterans’ homes: lease of property.
Existing law establishes the Veterans’ Home of California system for the operation of veterans’ homes at various sites. Existing law sets forth the duties of the Department of Veterans Affairs regarding the administration and regulation of veterans’ homes. Existing law authorizes the Director of General Services to lease or let any real property held by the department for a home, as specified, to any entity or person upon terms and conditions determined to be in the best interests of the home. Existing law requires each use, other than an easement, of real property held by the department for a home by a person or entity, other than the home or a resident of the home, to be in writing and meet certain criteria, including that it provide substantial and direct benefits to the home and its members and be appropriate and compatible with the nature of the home.
This bill would make easements subject to the same use requirements as other real property held by the department. The bill would also specify that these requirements do not apply to an easement established prior to January 1, 2022, a public utility easement or other public easement, or an access easement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1023.2 of the Military and Veterans Code is amended to read:

1023.2.
 (a) The general purpose of any use, other than an easement, use of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall meet all of the following criteria, as determined by the secretary:
(1) Provide substantial and direct benefits to the home and its members.
(2) Be appropriate and compatible with the nature of the home.
(3) Compensate the department in an amount that approximates fair market value, taking into consideration the value of the benefit provided to the home’s members and the investment by the lessee in the property development of the home.
(4) When the use contemplated carries a reasonable risk of injury or loss to the state, the home, or the members of the home, that use is appropriately insured by the lessee to cover those risks and to insure home residents, the department, and the state against liability.
(b) Each use, other than an easement, use of real property held by the department for a home by a person or entity, other than the home or a resident of the home, shall be governed by a written agreement between the department or the Director of General Services and the person or entity using the real property that establishes exactly how the person or entity meets the criteria in subdivision (a).
(c) For the purposes of this section, a benefit may include any function or activity that enhances the morale, welfare, and recreation of the home’s members.
(d) This section does not apply to any of the following:
(1) An easement established prior to January 1, 2022.
(2) A public utility easement or other public easement.
(3) An access easement.