| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1315Introduced 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 DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 homes 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 homes 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1315Introduced 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 DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 1315 |
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| 15 | 15 | | 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 |
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| 17 | 17 | | 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) |
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| 18 | 18 | | February 19, 2021 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 1023.2 of the Military and Veterans Code, relating to veterans homes. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 1315, as introduced, Committee on Military and Veterans Affairs. Veterans homes: lease of property. |
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| 28 | 28 | | 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. |
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| 30 | 30 | | 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. |
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| 32 | 32 | | 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. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | 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 homes 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 homes 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. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | 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 homes 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 homes 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. |
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| 46 | 46 | | SECTION 1. Section 1023.2 of the Military and Veterans Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 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 homes 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 homes 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. |
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| 52 | 52 | | 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 homes 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 homes 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. |
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| 54 | 54 | | 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 homes 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 homes 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. |
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| 58 | 58 | | 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: |
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| 60 | 60 | | (1) Provide substantial and direct benefits to the home and its members. |
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| 62 | 62 | | (2) Be appropriate and compatible with the nature of the home. |
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| 64 | 64 | | (3) Compensate the department in an amount that approximates fair market value, taking into consideration the value of the benefit provided to the homes members and the investment by the lessee in the property development of the home. |
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| 66 | 66 | | (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. |
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| 68 | 68 | | (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). |
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| 70 | 70 | | (c) For the purposes of this section, a benefit may include any function or activity that enhances the morale, welfare, and recreation of the homes members. |
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| 72 | 72 | | (d) This section does not apply to any of the following: |
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| 74 | 74 | | (1) An easement established prior to January 1, 2022. |
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| 76 | 76 | | (2) A public utility easement or other public easement. |
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| 78 | 78 | | (3) An access easement. |
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