California Veterans’ Memorial Districts

The California Military and Veterans Code contains a number of statutory provisions related to veterans’ memorial districts in Division 6, Chapter 1. Article 3.5 deals with the construction and alternation of halls, buildings, and meeting places.

Section 1221 prohibits any contract for the construction or alteration of any hall, building or meeting place to be let until such time as professional estimates of the cost of the construction or alteration have been submitted to, considered, and approved by a majority of the board at an official meeting.

Section 1222 prohibits any contract from being let for the construction or alteration of any hall, building or meeting place unless the project can be completed and be ready for occupancy and use with the funds the district has on hand.

Section 1223 prohibits any contract for the construction or alteration of any hall, building or meeting place from being valid unless the plans and specifications comply in every particular with the provisions of the Uniform Building Code and the building code and regulations of the city or county in which the building is to be located.

Section 1224 states that, if the cost of construction or alteration under the contract is $10,000 or more, from time to time, as the work of construction or alteration progresses, a certified architect or a certified structural engineer, hired by the district, is required to make reports showing, of his own personal knowledge, that the work during the period covered by the report has been performed and materials used and installed, in every particular, in accordance with the approved plans and specifications.

Chapter 2 deals with county and city buildings. Section 1260 defines the following terms: “political subdivision,” “governing body,” “veterans association,” “veterans service organization,” and “nonprofit veteran service agency.”

Section 1261 provides that any political subdivision may lease any lot or building or part thereof belonging to it and not required for public use, for not exceeding 20 years, or may acquire and lease or sublease any lot or building or part thereof for not exceeding 20 years, to a veterans association, veterans service organization, or nonprofit veteran service agency organized in the political subdivision.

Section 1262 authorizes any county to provide and maintain buildings, memorial halls, meeting places, memorial parks, or recreation centers for the use or benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies. The counties may engage in any of nine specified activities.

Section 1262.1 prohibits more than 50% of the funds to be contributed to any water district, sanitation district or other district or public agency encompassing or lying within the county for use by such district or public agency for construction or improvement of a water supply or water distribution facility or a sewage collection system or a sewage treatment facility servicing or designed to serve a community or area within such district or public agency.

Section 1263 states that any money which is made available by the State to any political subdivision for the purposes of acquiring and constructing public buildings may be used for the purposes of this chapter.

Section 1264 allows the governing body maintaining any facilities constructed or maintained may provide for the use of the facilities by persons or organizations other than veterans, either free of charge or for stated compensation to aid in defraying the cost of maintenance.

Section 1265 authorizes the board of supervisors of any county to sell real property contiguous to an existing cemetery which it acquired to the owners of a private cemetery upon terms and conditions mutually agreed upon, but which must require the buyers to use the property exclusively for the burial of veterans or widows of veterans.

Section 1266 provides that, whenever a city or 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 veteran service agencies, the provision of that facility and its acceptance by the veterans associations, veterans service organizations, or nonprofit veteran service agencies constitutes a dedication of that property to a public purpose, and the city or county may not revoke the dedication,.

Chapter 4 deals with Capitol Park Veterans Memorials. Section 1300 created within the State Treasury the Capitol Park Veterans Memorial Fund, for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces, and for receipt of private donations for that purpose.

Section 1301 makes the Capitol Park Veterans Memorial Fund continuously appropriated to the Department of Veterans Affairs for the purpose of the maintenance and rehabilitation of existing memorials in the State Capitol to veterans of the United States Armed Forces.

Section 1302 requires the Department of Veterans Affairs to administer the Capitol Park Veterans Memorial Fund. The Department of Veterans Affairs and the Department of General Services must work collaboratively pursuant to a memorandum of agreement to carry out the duties and functions of this chapter.

Section 1303 provides that, when administering the Capitol Park Veterans Memorial Fund, the Department of Veterans Affairs is required to prioritize, in consultation with the California Veterans Board, those memorials that do not have formal support from another body, public or private, for their maintenance.

Chapter 10.5 deals with state veterans cemeteries fee waiver. Section 1480 provides that the fee for the interment of the spouses or children of eligible veterans in a cemetery operated under this division may be waived if the cemetery administrator determines that the families of the spouses or children do not have sufficient means to pay for the costs of interment.

Chapter 8.6 deals with the veterans memorial registry.  Section 1360 requires the Department of Veterans Affairs to establish a statewide Veterans Memorial Registry. The registry must provide the location and condition of all known veterans memorials in California. The department may seek the assistance and cooperation of the appropriate agencies, including agencies with expertise in historical sites.

Section 1361 requires the Veterans Memorial Registry to be made available on the web site of the Department of Veterans Affairs. The department must provide the geographically referenced information in a readily accessible format that permits members of the public to submit information on memorials to the registry, which must be updated on a regular basis.

Chapter 8.7 deals with Veterans Appreciation Week. Section 1365 provides that, in recognition of the efforts and sacrifices of veterans of the United States Armed Forces, the second full week in November is annually designated as Veterans Appreciation Week.