citation: MVC § 1191

text:
(a) Every district may do all of the following:

(1) Provide and maintain memorial halls, assembly halls, buildings, or meeting places, together with suitable indoor and outdoor park and recreation facilities, including swimming pools, picnic areas, and playgrounds, for the use of persons or organizations other than veterans, pursuant to paragraphs (8) and (9), and veteran soldiers, sailors, and marines who have honorably served the United States in any wars or campaigns recognized by law for the purposes of Section 3 of Article XIII of the California Constitution, or for the use of patriotic, fraternal, or benevolent associations of those persons. However, no district shall provide and maintain indoor and outdoor park and recreation facilities, including swimming pools, picnic areas, and playgrounds, unless these projects have been approved by a majority of the voters at either the general district election or at a special election called for that purpose. The question of whether the district shall provide and maintain indoor and outdoor park and recreation facilities may be submitted to the registered voters of the district by the board on its own motion and shall be submitted by the board upon petition signed by 8 percent of the registered voters of the district, at either the general district election or at a special election called for that purpose. If submitted at a special election, the election shall be called, conducted, governed, and regulated in the same manner as the general district election.

All plans for indoor and outdoor park and recreation facilities, including swimming pools, picnic areas, and playgrounds, shall be approved initially by the board of supervisors.

(2) Purchase, receive by donation, condemn, lease, or acquire real or personal property necessary or convenient for the construction or maintenance of halls, buildings, meeting places, and facilities, and improve, preserve, manage, and control these facilities.

(3) Purchase, construct, lease, build, furnish, or repair halls, buildings, meeting places, and facilities upon sites owned or leased by the district or made available to the district, and provide custodians, employees, attendants, and supplies for the proper maintenance, care, and management of those halls, buildings, meeting places, and facilities.

(4) Furnish sites for halls, buildings, meeting places, or facilities, to be built either by the district or by or for patriotic, fraternal, or benevolent associations of veterans, if the funds for these sites are supplied by the district or from other sources.

(5) Enter into agreements with county, municipal, school, park, or other public authorities or agencies conveying, leasing, or making available to the district, either gratuitously or for compensation, sites upon public land for the construction, maintenance, and management by the district of assembly or memorial halls, buildings, meeting places, or facilities, and construct and maintain on those sites halls, buildings, meeting places, or facilities.

(6) Sell or lease any district property to the highest responsible bidder, as determined by the board, except as provided by Section 1191.3. The board shall, prior to any sale, make a call for bids and advertise that call pursuant to Section 6062 of the Government Code in a newspaper of general circulation in the district, inviting sealed bids for the sale or lease of the property. The board may either accept the highest responsible bid or reject all bids. The board may require the successful bidder to file with the board good and sufficient undertaking to be approved by the board to insure faithful performance of the contract of sale or lease. No sale or lease shall be transacted, however, if a petition has been filed with the board requesting it not to enter into the sale or lease of the property.

The petition shall have affixed to it, as petitioners, the signatures, indicating place of residence and place of signing, of the registered voters of the district in a number equal to at least 10 percent of the votes cast in the district at the last preceding general election held in the state.

If the petition meets these requirements, as determined by the records of the county elections official for the county or counties in which the district is situated, the board either shall not convey the property or shall submit the matter to the registered voters of the district to be voted upon at the next primary or general election, or at a special election called for the purpose of ratifying or rejecting the action of the district to sell or lease the property.

(7) Sell or lease any district property to any political subdivision, or portion thereof, in which the district is situated for purposes of roads, streets, or highways, or for the improvement of roads, streets, or highways, without regard to the highest responsible bidder but otherwise meeting the petition requirements of paragraph (6).

(8) Adopt, from time to time, reasonable rules and regulations for the use of halls, buildings, meeting places, and facilities by veterans or by organizations of veterans, and to allow the halls, buildings, meeting places, and facilities to be used for lawful purposes consistent with the objects of this section by persons or organizations other than veterans either free of charge or for stated compensation to aid in defraying the cost of maintenance of the facilities, if that use will not unduly interfere with the reasonable use of the facilities by veterans’ associations.

(9) Enter into a joint powers agreement for recreational or senior citizens’ services within the district.

(b) In conformance with this section, a district may provide recreational facilities or services at any location within the district regardless of the location of district-owned facilities. A district may not increase its tax levy for the purpose of providing recreational services for persons other than veterans unless that increase is first approved by a majority of the registered voters of the district who vote upon the proposal.

(c) (1) A district may provide funding to providers of supportive services that improve the quality of life for veterans and their families. Those supportive services may include, but are not limited to, behavioral health services, counseling, social services, case management, affordable housing, and employment training and placement.

(2) A district may not use existing bond moneys for the purposes described in paragraph (1), unless either of the following circumstances apply:

(A) The voters agree to restructure existing bond moneys to authorize a district to additionally use those moneys for the purposes described in paragraph (1).

(B) The existing bond moneys are currently authorized to be used for the purposes described in paragraph (1).

history: (History: Amended by Stats. 2017, Ch. 197, Sec. 1. (AB 671) Effective January 1, 2018.)

article: 2. Management


kind: section

code: MVC

text:
(a) The Lindsay-Strathmore Memorial District may enter into a joint powers agreement with the Strathmore Public Utility District to provide for the management, maintenance, and operation of the memorial district property and improvements located at Strathmore, California, and for the use by the public utility district of the real property and improvements owned by the memorial district for offices, maintenance, and storage facilities.

(b) This section applies only to the Lindsay-Strathmore Memorial District in Tulare County. This section is not intended to amend any of the provisions of Section 1266, and use of the Lindsay-Strathmore Memorial District property by the Strathmore Public Utility District under this section is not an abandonment of the facility by the Lindsay-Strathmore Memorial District or the veterans’ organization.

history: (History: Added by Stats. 1991, Ch. 46, Sec. 1.)

chapter: 1. Memorial Districts

article: 2. Management

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 2. Management


text: When the district desires to sell real property that was donated to the district by a city or county, the district shall offer to reconvey it to the city or county before selling it and shall reconvey it if the city or county agrees to accept it. If the property was sold to the district by a city or county, or was given or sold by a private person, or his successors in interest as determined by the district, the district shall offer to reconvey it at the then market price as determined by it, before selling it to any other person. In any case no sale or other use of the real property shall be made which is contrary to the provisions of any instrument under which the district holds title to or any interest in the property.

history: (History: Added by Stats. 1955, Ch. 931.)

division: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES

article: 2. Management


citation: MVC § 1192

text:
Every district may:

(a) Cause to be levied and collected in any year a special tax not to exceed three-tenths of one cent ($0.003) on the one dollar ($1) of assessed valuation of all the taxable property in the district, exclusive of any tax which may be required to pay the principal of and interest upon any bonded indebtedness of the district, in addition to all other taxes provided for by law upon the taxable property of the district and to be paid into a special fund in the county treasury to be known as the memorial district fund. In no event shall the tax exceed an amount that is sufficient to pay the estimated expenses of operating and maintaining the memorial district for the next year and the estimated capital outlay of the district for the next two years.

(b) Incur, through the board of supervisors, bonded indebtedness on behalf of the district for the purpose of exercising any of the powers of the district or accomplishing any of the purposes of this chapter.

(c) Cause to be levied and collected in any one year a special tax sufficient to pay the principal of and interest upon all bonded indebtedness of the district incurred as herein provided, in addition to all other taxes provided for by law or by the provisions of this chapter and to be paid into a special fund in the county treasury to be known as the memorial district bond retirement fund.

(d) Refund or retire any indebtedness that may exist against the district.

history: (History: Amended by Stats. 1959, Ch. 895.)

article: 2. Management


text: When a district is authorized to provide and maintain indoor and outdoor park and recreation facilities including swimming pools, picnic areas and playgrounds, unobligated funds of the district accumulated prior to the authorization may be used for said purposes.

history: (History: Added by Stats. 1963, Ch. 1497.)

article: 2. Management


text: A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property.

history: (History: Added by Stats. 1991, Ch. 70, Sec. 6.)

article: 2. Management


citation: MVC § 1193

text: Every district may combine with the county in which it is located or with any incorporated city wholly within the county, in the accomplishment of any of the purposes of this chapter, and to that end hold jointly with such county or city any property acquired or made available for such purposes, and expend money in conjunction with such county or city in accomplishing any of the purposes hereof.

history: (History: Enacted by Stats. 1935, Ch. 389.)

article: 2. Management


citation: MVC § 1194

text: The powers of the district, except as otherwise expressly provided, shall be exercised by the board of directors.

article: 2. Management


citation: MVC § 1195

text: The general district election shall be governed by the provisions of the Uniform District Election Law and be held in every district formed under the provisions of this chapter on the first Tuesday after the first Monday in November of each odd-numbered year.

history: (History: Amended by Stats. 1967, Ch. 29.)

article: 2. Management


text: If the board of directors of the district shall fail to take the action necessary to hold a general district election pursuant to Section 1195, the board of supervisors of the county in which the district is situated may call and hold a special election to vote for members of the board of directors of the district. Such special election shall be held and conducted pursuant to the provisions of Section 1180, at the expense of the district. If, on the 40th day prior to the day fixed for such special election, not more than one candidate has been nominated for each office of member of the board of directors to be filled at such election, and if on the 30th day prior to the day fixed for such election, a petition signed by 5 percent of the qualified electors in the district, requesting that such election be held, has not been presented to the board of supervisors, such election shall not be held, and the board of supervisors shall appoint persons to fill such offices and shall give notice that such election will not be held, substantially as provided in Section 1195.1.

history: (History: Added by Stats. 1965, Ch. 417.)

article: 2. Management


citation: MVC § 1197

text: The board shall consist of five members who shall be registered electors residing within the district or proposed district at the time of their election and shall be elected by the qualified electors of the district. A majority of the seats on the board shall be designated for veterans, as defined in Section 940. Any board seat that is so designated, but is not currently filled by a qualifying individual, shall be filled by a qualified individual at the next election at which that seat is to be filled. Members shall serve without compensation, but shall be entitled to actual and necessary expenses incurred in the performance of duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code.

history: (History: Amended by Stats. 2005, Ch. 700, Sec. 17. Effective January 1, 2006.)

article: 2. Management


citation: MVC § 1198

text: The board first elected in any district shall hold its first meeting in the meeting room of the board of supervisors commencing at ten o'clock a.m. on the first Monday following the date of declaration by the board of supervisors of the result of the special election at which the board was elected. The board shall elect one of its members president, and shall elect a secretary, and shall provide for the time and place of holding meetings and the manner in which special meetings may be called. The board may establish rules for proceedings of the board.

article: 2. Management


text:
(a) The secretary of every memorial district shall annually prepare a financial report signed by the board of directors containing the following information and related data in such detail as may be necessary to accurately disclose its financial condition and operations during the preceding fiscal year:

(1) Assets and liabilities at the beginning and end of the fiscal year.

(2) Receipts of any kind and the sources thereof.

(3) Disbursements of any kind and the purposes thereof, including funding distributed to providers of supportive services pursuant to subdivision (c) of Section 1191.

(4) A list of all contracts, transactions, agreements, or other obligations entered into.

(b) The board of every memorial district shall provide for the safekeeping of all records, at such places as the board may order and shall transfer such records to such boards as are subsequently elected under the provisions of this chapter.

(c) The secretary of a memorial district may exclude information included in reports prepared pursuant to Section 26909, 53891, or 53901 of the Government Code from the report required pursuant to subdivision (a).

history: (History: Amended by Stats. 2018, Ch. 183, Sec. 1. (AB 1908) Effective January 1, 2019.)

article: 2. Management


citation: MVC § 1199

text: The president shall sign all contracts on behalf of the district and shall certify to the county auditor all lawful demands against the district payable from the memorial district fund and from the memorial district bond fund after such demands have first been approved by at least three members of the board. The president shall also perform any other duties imposed by the board. The secretary shall countersign all contracts on behalf of the district and perform any other duties precribed by the board. A majority of the board shall constitute a quorum for the transaction of business, but all official acts of the board must receive the affirmative vote, signature, or approval, as the case may require, of at least three members of the board.

article: 2. Management


citation: MVC § 1200

text: The moneys in the several funds of the district shall be paid out by the county treasurer only upon warrants drawn by the county auditor against the appropriate district fund. The county auditor shall draw warrants against the memorial district bond retirement fund, if that fund contains sufficient moneys, and if not, then, against any other funds of the district in payment of all valid and outstanding bonds of the district at maturity and of interest coupons thereon when due, upon presentation to the county auditor of the bonds or coupons by the owners thereof.

history: (History: Amended by Stats. 1994, Ch. 114, Sec. 73. Effective January 1, 1995.)

article: 2. Management


citation: MVC § 1201

text: The county auditor shall also draw warrants against the memorial district fund and against the memorial district bond fund, in payment of lawful claims against the district certified to the county auditor by the president of the board.

history: (History: Amended by Stats. 1994, Ch. 114, Sec. 74. Effective January 1, 1995.)

article: 2. Management


citation: MVC § 1202

text: The board shall, annually, at least fifteen days before the first day of the month in which the board of supervisors is required by law to levy the taxes required for county purposes, furnish to the board of supervisors and to the auditor estimates in writing of the minimum amount of money required for the payment of the principal of and interest upon all bonded indebtedness of the district; and also of the minimum amount of money required by the district for any other purposes.

article: 2. Management


citation: MVC § 1203

text: The board of supervisors shall annually at the time of levying county taxes and until all bonded indebtedness of the district is fully paid, levy and cause to be collected by the county tax collector a tax on all taxable property in the district sufficient for the payment of the principal of and interest upon all bonded indebtedness of the district. This tax shall be known as the memorial district bond retirement tax.

article: 2. Management


citation: MVC § 1204

text: The board of supervisors shall in like manner and until all other expenses and claims are fully paid, levy and cause to be collected by the county tax collector a tax sufficient for the payment of all other expenses and claims of the district. This tax shall be known as the memorial district tax.

article: 2. Management


citation: MVC § 1205

text: The memorial district tax levied in any one year shall not exceed the rate of three-tenths of one cent ($0.003) on each dollar ($1) of the assessed valuation of all taxable property in the district, exclusive of any tax which may be required to pay the principal of and interest upon any bonded indebtedness of the district. In no event shall the tax exceed an amount that is sufficient to pay the estimated expenses of operating and maintaining the memorial district for the next year and the estimated capital outlay of the district for the next two years.

article: 2. Management


citation: MVC § 1206

text: Taxes shall be paid into the county treasury to the credit of the memorial district bond retirement fund or to the credit of the memorial district fund, as the purpose of the tax determines.

article: 2. Management


citation: MVC § 1207

text: Taxes become delinquent at the time the county taxes become delinquent and shall bear like penalties for delinquency. All taxes shall be a lien upon all the taxable property in the district, and shall be of the same force and effect as the liens for county taxes. Their collection shall be enforced by the same means provided for the enforcement of liens for county taxes.

article: 2. Management


citation: MVC § 1208

text: Boards of supervisors, governing bodies of incorporated cities and school districts, and all authorities having control of public lands within this State may on behalf of the county, city, school district, park area, or public agency convey, lease, or make available to districts, either gratuitously or for compensation, sites upon lands under their control or jurisdiction, for the erection and maintenance thereon by districts of assembly or memorial halls, buildings, and meeting places, whenever in the reasonable discretion of such board, body, or authority, such sites can be so conveyed, leased, or made available without inconvenience to the interests of the particular county, city, school district, park, or public agency.

article: 2. Management


citation: MVC § 1209

text: All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

history: (History: Amended by Stats. 1963, Ch. 1715.)

article: 2.5. Claims

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 2.5. Claims


citation: MVC § 1210

text: Bonds of a district may be issued, sold, and the proceeds thereof expended in the exercise of any of the powers of the district or in the accomplishment of the purposes of this chapter whenever two-thirds of the registered electors of the district who vote upon a proposal to issue bonds vote in favor thereof.

article: 3. Bonds

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 3. Bonds


citation: MVC § 1211

text: The board may, and upon petition of eight per cent of the registered electors of the district shall, submit to the electors of the district the question whether bonds of the district shall be issued and sold for the purposes set forth by the board in the notice calling the election at which the question is submitted.

article: 3. Bonds


citation: MVC § 1212

text: The question may be submitted at a special bond election called for that purpose or at a general district election. If called upon petition of the electors of the district, the question shall be submitted not later than the ninetieth day after the filing of the petition therefor with the secretary of the board. The notice calling the election shall be entered in the minutes of the board and in addition to other requirements of this chapter governing the general district election shall contain a statement of the purpose of the proposed bond issue, the amount of bonds proposed to be issued, and the rate of interest, not exceeding six per cent, to be paid thereon.

article: 3. Bonds


citation: MVC § 1213

text: If the question whether bonds of the district are to be issued is submitted at a special election, such election shall be noticed, called, conducted, governed, and regulated, in the same manner prescribed for the general district election.

article: 3. Bonds


citation: MVC § 1214

text: If at such election two-thirds of the votes cast are in favor of issuing the bonds of the district, the board shall cause that fact to be entered upon its minutes and shall at once certify to the board of supervisors all of the proceedings of the board in connection with the proposed bond issue, including the purpose thereof, the amount thereof, rate of interest to be paid thereon, and the result of the election.

article: 3. Bonds


citation: MVC § 1215

text: Thereupon, the board of supervisors, by an order entered in its minutes, shall provide for the issuance and sale of bonds of the district in the amount approved by the electors of the district at the election and shall provide for the payment of the proceeds of the sale of the bonds into the county treasury to the credit of a special fund known as the memorial district bond fund which shall be used for the purposes specified in the order of the board of directors calling the special election and shall be expended upon warrants of the county auditor.

article: 3. Bonds


citation: MVC § 1216

text: The board of supervisors shall issue and sell the bonds of the district in the manner and form prescribed by law for county bonds and subject to the conditions therein specified regarding the denominations, maturities, and interest rates of county bonds.

article: 3. Bonds


citation: MVC § 1217

text: If any officer whose signature, countersignature, or attestation appears on any district bonds or coupons thereof, ceases to be such officer before the delivery of the bonds to the purchaser thereof, such signature, countersignature, or attestation shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery of the bonds. The signature upon the coupons of the person who is county auditor at the date of such bonds shall be valid although the bonds themselves may be attested by a different person who is county auditor at the time of delivery of the bonds.

article: 3. Bonds


citation: MVC § 1218

text: The board of supervisors at the time of making the levy of taxes for county purposes shall levy a tax for that year upon the taxable property in the district for the interest and redemption of district bonds. Such tax shall not be less than sufficient to pay the interest of the bonds for that year and the portion of the principal due or to become due during the year, and in any event shall be sufficient to raise annually for the first half of the term of the bonds the sum necessary to pay the interest thereon; and during the balance of the term, sufficient to pay the annual interest and to pay annually a proportion of the principal of the bonds equal to a sum produced by taking the whole amount of the bonds outstanding and dividing it by the number of years the bonds then have to run. All money so collected shall be paid into the county treasury to the credit of the district bond retirement fund and be used for the payment of the principal and interest on the bonds and for no other purpose until all bonded indebtedness of the district has been paid in full. The principal and interest on bonds shall be paid by the county treasurer upon the warrant of the county auditor out of the district bond retirement fund if that fund has sufficient moneys and otherwise out of any other funds of the district. The county auditor shall cancel and retain such bonds and coupons when he draws his warrants on the treasurer in favor of the owners thereof.

article: 3. Bonds


citation: MVC § 1219

text: Whenever the bonds of a district have been investigated and certified by any officer of this state authorized to make such investigation and certification, and by the authority of such certification have been declared to be legal for investment by savings banks of this state, then such bonds may be lawfully purchased or received in pledge for loans by savings banks, building and loan associations, trust companies, insurance companies, guardians, conservators, executors, administrators, special administrators, or by any public officer within this state holding funds which by law may be invested or loaned.

history: (History: Amended by Stats. 1979, Ch. 730.)

article: 3. Bonds


citation: MVC § 1221

text: No contract for the construction or alteration of any hall, building or meeting place shall be let until such time as professional estimates of the cost of such construction or alteration have been submitted to, considered, and approved by a majority of the board at an official meeting.

history: (History: Added by Stats. 1959, Ch. 1067.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 3.5. Construction and Alteration of Halls, Buildings and Meeting Places


citation: MVC § 1222

text: No contract shall be let for the construction or alteration of any hall, building or meeting place unless such project can be completed and be ready for occupancy and use with the funds the district has on hand.

article: 3.5. Construction and Alteration of Halls, Buildings and Meeting Places


citation: MVC § 1223

text: No contract for the construction or alteration of any hall, building or meeting place is valid, and no district funds shall be paid for any work done under such a contract or for any labor or materials furnished under such contract, 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.


citation: MVC § 1224

text: If the cost of construction or alteration under the contract is ten thousand dollars ($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, shall 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.


citation: MVC § 1251

text: The boundaries of any district organized or existing under this chapter may be altered and new territory annexed to, and incorporated within, it pursuant to this article.

history: (History: Added by Stats. 1961, Ch. 34.)

article: 6. Annexation

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 1. Memorial Districts > 6. Annexation


citation: MVC § 1252

text: To qualify for annexation, new territory shall be contiguous to the existing district.

article: 6. Annexation


citation: MVC § 1253

text: Proceedings may be commenced for the annexation of territory to an existing district by petition filed with the county clerk and signed by registered voters residing within the territory to be annexed equal in number to at least eight percent of the number of votes cast in the territory proposed to be annexed for the office of Governor at the last general election at which a Governor was elected. If both incorporated and unincorporated territory are included within the new territory, the petition shall be signed by registered voters equal in number in each territory to at least eight percent of the votes so cast therein for Governor.

article: 6. Annexation


citation: MVC § 1254

text:
The petition shall be addressed to the board of supervisors of the county within which the district is situated, shall be signed by the number of qualified registered voters specified in Section 1253, and shall propose and set forth:

(a) The annexation of new territory under this article.

(b) The calling by the board of supervisors of a meeting to conduct a hearing upon the question whether the new territory should be annexed.

(c) An accurate description of the boundaries of the new territory specifying what portion of the territory is incorporated and what portion unincorporated.

article: 6. Annexation


citation: MVC § 1255

text: Within 30 days after the filing of the petition the county elections official shall find and certify whether the petition is signed by the requisite number of qualified registered voters of the territory proposed to be annexed and of the incorporated and unincorporated portions thereof and shall present the petition with the certificate of their findings attached thereto to the board of supervisors at its first regular meeting held 10 days from the date of certification of the petition. At the regular meeting the board shall ascertain whether the petition in all respects complies with the requirements therefor, except that the certificate shall be conclusive evidence of the sufficiency of the signatures to the petition. If the board finds that the petition complies with the requirements, it shall at the same regular meeting fix a time and place for the hearing of the petition not less than 20 days nor more than 40 days after the date of the meeting, and shall direct the clerk of the board to publish a notice once a week for three successive weeks in a newspaper circulated in the territory that is proposed to be annexed, and that the board deems most likely to give notice to the inhabitants of the territory.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 105. (SB 1097) Effective January 1, 2025.)

article: 6. Annexation


citation: MVC § 1256

text: The notice required in Section 1255 shall state the fact that the board has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of the annexation of territory to the memorial district. The notice shall describe the territory or shall specify the exterior boundaries of the territory proposed to be annexed to the district.

article: 6. Annexation


citation: MVC § 1257

text: If, at the close of the hearing, the board of supervisors determines to annex the territory, or any portion thereof, it shall so declare by resolution. The annexation shall be effective upon the date of the adoption of the resolution unless one percent or more of the voters living within the territory to be annexed have at or prior to hearing filed written objections to the annexation. If written objections to the proposed annexation are made by the number of voters specified in this section, the annexation shall not be effective until it is approved by a majority vote of the voters of the territory proposed to be annexed. The election shall be conducted substantially as provided in Sections 1179, 1180, and 1181.

article: 6. Annexation


citation: MVC § 1258

text: The declaration of the result and recordation of the statement of the election shall be carried out substantially pursuant to Sections 1182 and 1183 of this chapter except that the words “formation of the district” shall be replaced in each instance by the words “annexation of the new territory.”

article: 6. Annexation


citation: MVC § 1259

text: Territory forming a part of any existing district at the time of presentation of a petition for annexation, shall not be annexed pursuant to this article.

article: 6. Annexation


citation: MVC § 1260

text:
As used in this chapter, unless the context otherwise indicates:

(a) “Political subdivision” means any city, county, district, or other local governmental agency.

(b) “Governing body” means the board of supervisors in the case of a county, or the city council or board of trustees or other governing board in the case of a city, district, or other local governmental agency.

(c) “Veterans association” or “veterans service organization” means any association or organization which is composed solely of persons who served honorably in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, as members of the Armed Forces of the United States, or who as citizens of the United States served honorably in time of war as members of the armed forces of any nation whose government was allied with the United States during that war, and which is organized for patriotic, fraternal, and benevolent objects.

(d) “Nonprofit veteran service agency” shall have the meaning given in Section 999.51 of the Military and Veterans Code.

history: (History: Amended by Stats. 2013, Ch. 697, Sec. 1. (SB 725) Effective January 1, 2014.)

chapter: 2. County and City Buildings

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 2. County and City Buildings


citation: MVC § 1261

text: 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 such political subdivision, to be used for the purposes of the veterans association, veterans service organization, or nonprofit veteran service agency. The rental shall be fixed by the governing body of the political subdivisions, and may be nominal in amount.

history: (History: Amended by Stats. 2013, Ch. 697, Sec. 2. (SB 725) Effective January 1, 2014.)


citation: MVC § 1262

text:
Any county may provide, maintain, or 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. For these purposes the board of supervisors of any county may:

(a) Purchase, receive by donation, condemn, lease, or acquire real or personal property necessary for such buildings, memorial parks, or recreation centers, and improve, preserve, manage, and control the same.

(b) Purchase, construct, lease, furnish, or repair such buildings, and provide custodians, employees, attendants, and supplies for the proper maintenance thereof.

(c) Clear, grade, plant, irrigate, fence, and improve such memorial parks, or recreation centers, and provide custodians, employees, attendants, and supplies for the proper maintenance thereof.

(d) Furnish sites for such buildings to be built by or for such organizations, and furnish sites for the erection thereon of such buildings, the funds for which shall be supplied by county authorities or from other sources. Any part or portion of any public lot, block, or park may be used for such purpose.

(e) Levy a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, and spend the proceeds for the purposes of this chapter.

(f) Establish a fund for the purposes hereof, and transfer from the General Fund to such fund such moneys as the board deems necessary.

(g) Incur, in the manner provided by law, a bonded indebtedness on behalf of the county for any of the purposes hereof.

(h) Join with any incorporated city in the county in the accomplishment of the above purposes and to that end hold jointly with such city all property acquired, and expend money in conjunction with such city in accomplishing the above purposes. Title to any property jointly so acquired by a county and a city may at any time be conveyed by either of the joint owners to the other without consideration other than to carry out the purposes of this section.

(i) Join with memorial districts in the purchase, acquisition, or construction of memorial halls, assembly halls, buildings, or meeting places, or in the accomplishment of any other purpose for which a memorial district has been organized, using the funds authorized to be raised by this section. Title to any property so purchased, acquired, or constructed may be taken in the name of the memorial district or jointly with the county, or the county may convey any property so acquired, purchased, or constructed to the memorial district without consideration to the county. The board of supervisors may transfer to a memorial district funds raised pursuant to this section to be expended by the district in furtherance of the purposes of the district under terms and conditions consistent with the purposes for which the funds were raised.

history: (History: Amended by Stats. 2013, Ch. 697, Sec. 3. (SB 725) Effective January 1, 2014.)


text: Not to exceed 50 percent of any funds accumulated in, transferred from or accumulated by transfer from, the General Fund pursuant to, and for any of the purposes authorized in, Section 1262 for expenditure within an area or community may 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, when it is found by a four-fifths vote of the board of supervisors to be in the best public interest and in the best interests of such community or area. The remainder of such funds so accumulated shall be expended within such community for one or more of the purposes authorized in Section 1262, and in connection therewith a plaque shall be placed and maintained in an appropriate public place commemorating veterans from and residing in the area and reciting appropriate credit for the community public facility to which such funds were contributed. The contributions authorized by this section may be made notwithstanding and independent of any other provision of law regarding or limiting county expenditures for such purpose or county contribution to such districts or agencies for expenditure for such purposes.

history: (History: Added by Stats. 1968, Ch. 1445.)


citation: MVC § 1263

text: 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.

history: (History: Added by Stats. 1946, 1st Ex. Sess., Ch. 110.)


citation: MVC § 1264

text: The governing body maintaining any facilities constructed or maintained pursuant to this chapter may provide for the use of such facilities by persons or organizations other than veterans, either free of charge or for stated compensation to aid in defraying the cost of maintenance, for any purpose not inconsistent with the continued use pursuant to this chapter, when such use will not unduly interfere with the reasonable use of the facilities by a veterans association, veterans service organization, or nonprofit veteran service agency.

history: (History: Amended by Stats. 2013, Ch. 697, Sec. 4. (SB 725) Effective January 1, 2014.)


citation: MVC § 1265

text: The board of supervisors of any county may sell real property contiguous to an existing cemetery which it acquired for the purposes of Section 1262 to the owners of a private cemetery upon terms and conditions mutually agreed upon, but which shall require the buyers to use that property exclusively for the burial of veterans or surviving spouses or domestic partners of veterans. Sections 25524 to 25537, inclusive, of the Government Code do not apply to a sale made pursuant to this section.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 106. (SB 1097) Effective January 1, 2025.)


citation: MVC § 1266

text:
(a) Whenever a city, county, or city and 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 pursuant to Section 1262 or Section 37461 of the Government Code, 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, county, or city and county may not revoke the dedication, so long as the veterans associations, veterans service organizations, or nonprofit veteran service agencies have not violated the terms and conditions of the dedication, unless the city, county, or city and county dedicates substitute facilities or unless the veterans associations, veterans service organizations, or nonprofit veteran service agencies have either consented to the proposed city, county, or city and county action or have abandoned use of the facilities.

(b) For purposes of subdivision (a), a property shall not be considered abandoned if the veterans association, veterans service organization, or nonprofit veteran service agency is required to move from the property in order for the property to undergo seismic retrofitting or remodeling.

history: (History: Amended by Stats. 2013, Ch. 697, Sec. 5. (SB 725) Effective January 1, 2014.)


citation: MVC § 1300

text: There is hereby 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.

history: (History: Amended by Stats. 2024, Ch. 80, Sec. 101. (SB 1525) Effective January 1, 2025.)

chapter: 4. Capitol Park Veterans Memorials

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 4. Capitol Park Veterans Memorials


citation: MVC § 1301

text: The Capitol Park Veterans Memorial Fund is hereby 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.

history: (History: Added by Stats. 2023, Ch. 684, Sec. 2. (AB 1350) Effective January 1, 2024.)


citation: MVC § 1302

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


citation: MVC § 1303

text: When administering the Capitol Park Veterans Memorial Fund, the Department of Veterans Affairs shall 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, including, but not limited to, the Vietnam Veterans Memorial on the grounds of the State Capitol.


citation: MVC § 1318

text: Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any veterans’ memorial constructed or established pursuant to this division, or constructed or established by any veterans’ association, as defined in subdivision (c) of Section 1260, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for less than one year.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 225. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

chapter: 5.5. Vandalism of Veterans’ Memorials

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 5.5. Vandalism of Veterans’ Memorials


citation: MVC § 1330

text:
(a) The Secretary of Veterans Affairs shall establish a California Mexican American Veterans’ Memorial Beautification and Enhancement Committee composed of seven members as follows:

(1) Five members appointed by the Governor.

(2) One member appointed by the President pro Tempore of the Senate.

(3) One member appointed by the Speaker of the Assembly.

(b) The secretary shall appoint one member from the committee to serve as chairperson.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 1. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 7. California Mexican American Veterans’ Memorial Beautification and Enhancement


citation: MVC § 1331

text: Members of the committee shall not receive any compensation.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 2. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)

chapter: 7. California Mexican American Veterans’ Memorial Beautification and Enhancement


citation: MVC § 1332

text: The committee may request staff support and facilities for its activities from the Department of Veterans Affairs, and the department may provide that support and be reimbursed for the cost of this support.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 3. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)


citation: MVC § 1333

text: The committee shall be responsible for carrying out the purposes of this chapter.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 4. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)


citation: MVC § 1334

text:
(a) The beautification and enhancement of an existing memorial on state grounds is hereby authorized. For the purposes of this act, “state grounds” means that property in the City of Sacramento bounded by “Ninth,” “Tenth,” “L,” and “N” Streets. The actual site for the beautification and enhancement of the memorial shall be the site of the existing memorial and surrounding ground.

(b) Funds for the beautification and enhancement of the memorial shall be provided through private contributions and through existing funds collected under the auspices of the California Mexican American Veterans’ Memorial Beautification and Enhancement Commission. The Department of Veterans Affairs may receive contributions for this purpose.

(c) If the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee undertakes responsibility to construct a memorial under this chapter, it shall not begin construction until the Department of Finance has determined that sufficient private funding is available to construct, enhance, and maintain the memorial, and the committee signs a maintenance agreement with the state, as created under subdivision (f) of Section 1335.5, to maintain the memorial with private contributions.

history: (History: Amended by Stats. 2008, Ch. 520, Sec. 1. Effective January 1, 2009. Repealed on date prescribed in Section 1338.)


citation: MVC § 1335

text:
With respect to the design and construction of an enhanced memorial, the committee may do all of the following:

(a) Establish a schedule for the design, construction, and dedication of the enhanced memorial.

(b) Implement procedures to solicit designs for beautifying and enhancing the memorial and devise a selection process for the choice of the design.

(c) Select individuals or organizations to provide fundraising services and to construct the enhanced memorial.

(d) Review and monitor the design and construction of the memorial and establish a program for the rededication of the memorial.

(e) Consult with the Department of General Services to determine parameters for the final size of the memorial.

(f) Consult with and obtain final design and site orientation approval from the Department of General Services and the Secretary of Veterans Affairs.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 6. Effective January 1, 2008. Repealed on date prescribed in Section 1338.)


text:
With respect to the design and construction of an enhanced memorial, the Department of General Services, in consultation with the committee, shall seek to accomplish the following goals:

(a) Review the preliminary design plans to identify potential maintenance concerns.

(b) Compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336) and other safety concerns.

(c) Review and approval of proper California Environmental Quality Act documents prepared for work at the designated state grounds.

(d) Review of final construction documents to ensure that all requirements are met.

(e) Preparation and attainment of the right-of-entry permit outlining the final area of work, final construction documents, construction plans, the contractor hired to perform the work, insurance, bonding, provisions for damage to state property, and inspection requirements.

(f) Prepare a maintenance agreement outlining the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee’s responsibility for the long-term maintenance of the memorial due to aging, vandalism, or relocation.

(g) Inspect the construction performed by the contractor selected by the California Mexican American Veterans’ Memorial Beautification and Enhancement Committee.

history: (History: Added by Stats. 2008, Ch. 520, Sec. 2. Effective January 1, 2009. Repealed on date prescribed in Section 1338.)


citation: MVC § 1336

text: The design of the enhanced memorial shall be as politically neutral as possible.

history: (History: Added by Stats. 1993, Ch. 1221, Sec. 1. Effective January 1, 1994. Repealed on date prescribed in Section 1338.)


citation: MVC § 1338

text: The committee shall notify the Governor and the Secretary of Veterans Affairs when beautification and enhancement of the memorial pursuant to this chapter is complete. This chapter shall remain in effect only until, and shall be repealed on, January 1 of the year following that notification, unless a later enacted statute, which is enacted before that date, deletes or extends that date.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 7. Effective January 1, 2008. Repealed on date prescribed by its own provisions. Note: Repeal affects Chapter 7, commencing with Section 1330.)


citation: MVC § 1340

text: The California Mexican American Veterans’ Memorial Beautification and Enhancement Account is hereby created in the General Fund. All funds received by the Department of Veterans Affairs under Chapter 7 (commencing with Section 1330) shall be deposited in the account for the design and construction of the California Mexican American Veterans’ Memorial as specified in Section 1341.

history: (History: Amended by Stats. 2007, Ch. 558, Sec. 8. Effective January 1, 2008.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 8. California Mexican American Veterans’ Memorial Beautification and Enhancement Account


citation: MVC § 1341

text:
(a) Notwithstanding Section 13340 of the Government Code, all funds deposited in the California Mexican American Veterans’ Memorial Beautification and Enhancement Account established by Section 1340 are hereby continuously appropriated, without regard to fiscal year, to the Department of Veterans Affairs for the beautification and enhancement of an existing memorial and surrounding grounds at the State Capitol pursuant to Chapter 7 (commencing with Section 1330).

(b) On July 1, 2016, any moneys remaining in the California Mexican American Veterans’ Memorial Beautification and Enhancement Account shall revert to the General Fund.

history: (History: Amended by Stats. 2014, Ch. 22, Sec. 1. (SB 722) Effective June 4, 2014.)

chapter: 8. California Mexican American Veterans’ Memorial Beautification and Enhancement Account


citation: MVC § 1350

text: There is hereby established the National World War II Veterans Memorial Trust Fund to receive those moneys transferred in accordance with Section 18702 of the Revenue and Taxation Code. The moneys in the trust fund are hereby appropriated to the Controller for allocation to the American Battle Monuments Commission for the construction and maintenance of the World War II Memorial described in Section 1 of Chapter 864 of the Statutes of 1999.

history: (History: Amended by Stats. 2004, Ch. 410, Sec. 1. Effective January 1, 2005.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 8.5. National World War II Veterans Memorial Trust Fund


citation: MVC § 1360

text: The Department of Veterans Affairs shall establish a statewide Veterans Memorial Registry. The registry shall provide the location and condition of all known veterans memorials in California. The department may seek the assistance and cooperation of the Golden State Museum, State Archives, Secretary of State, Department of Information Technology, Department of Parks and Recreation, and other appropriate agencies, including agencies with expertise in historical sites.

history: (History: Added by Stats. 2000, Ch. 392, Sec. 1. Effective January 1, 2001.)

chapter: 8.6. Veterans Memorial Registry

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 8.6. Veterans Memorial Registry


citation: MVC § 1361

text: The Veterans Memorial Registry shall be made available on the web site of the Department of Veterans Affairs. The department shall 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 shall be updated on a regular basis.


citation: MVC § 1365

text: In recognition of the efforts and sacrifices of veterans of the United States Armed Forces, the second full week in November is hereby annually designated as Veterans Appreciation Week.

history: (History: Added by Stats. 2004, Ch. 86, Sec. 1. Effective January 1, 2005.)

chapter: 8.7. Veterans Appreciation Week

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 8.7. Veterans Appreciation Week


citation: MVC § 1400

text:
(a) (1) The Department of Veterans Affairs, in voluntary cooperation with the Shasta County Board of Supervisors and the boards of supervisors of other participating northern California counties as specified in Section 1401, shall design, develop, and construct a state-owned and state-operated Northern California Veterans Cemetery which shall be located in northern California.

(2) The department shall oversee and coordinate the design, development, and construction of the cemetery.

(b) (1) Those eligible for interment in the cemetery are all honorably discharged veterans and their spouses and children. A fee of five hundred dollars ($500) shall be charged for each spouse or child interred in the cemetery.

(2) For the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery.

(3) All fees received pursuant to paragraph (1) shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1401.

history: (History: Added by Stats. 1999, Ch. 604, Sec. 2. Effective October 10, 1999.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 9. Northern California Veterans Cemetery


citation: MVC § 1401

text:
(a) For the purposes of Section 1400, the Shasta County Board of Supervisors may join with other northern California counties including, but not limited to, the Counties of Colusa, Del Norte, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity, to design, develop, and construct the cemetery.

(b) All moneys received for the design, development, and construction of the cemetery shall be deposited in the Northern California Veterans Cemetery Master Development Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, money in the fund is continuously appropriated to the department for the purpose of designing, developing, constructing, and equipping the cemetery. Moneys appropriated by the Legislature for these purposes shall also be deposited in the fund.

(c) (1) All moneys received for the maintenance of the cemetery, including moneys received pursuant to subdivision (b) of Section 1400, shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund, which is hereby created in the State Treasury. Any state funding for the annual maintenance of the cemetery shall be appropriated by the Legislature in the annual Budget Act.

(2) It is estimated that, after the construction of the cemetery, four hundred fifty thousand dollars ($450,000) should be appropriated annually by the state or the participating northern California counties, or both, to the department for the operating costs of the cemetery.

(3) Total expenditures for operations and maintenance should not be more than six hundred thousand dollars ($600,000) per fiscal year, as appropriated in the annual Budget Act.

history: (History: Amended by Stats. 2005, Ch. 74, Sec. 56. Effective July 19, 2005.)

chapter: 9. Northern California Veterans Cemetery


citation: MVC § 1402

text:
(a) Proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to review by an advisory committee comprised of the cemetery administrator, representatives from the County of Shasta, local veterans’ service organizations, and others as approved by the director.

(b) All proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to the approval of the director.

(c) The department shall adopt regulations for the policies and procedures to be followed with respect to the design, placement, and approval of monuments and memorials proposed to be placed on the cemetery grounds.

history: (History: Added by Stats. 2005, Ch. 74, Sec. 57. Effective July 19, 2005.)


citation: MVC § 1403

text:
(a) Notwithstanding Section 11005 of the Government Code, the cemetery administrator, subject to the approval of the director, may accept donations of personal property, including cash or other gifts, to be used for the maintenance or beautification of the cemetery.

(b) Cash donations shall be deposited into the Northern California Veterans Cemetery Perpetual Maintenance Fund and shall be expended for the maintenance and repair of the facility or, subject to the approval of the director, for a specified cemetery maintenance or beautification project designated by the donor.

(c) Notwithstanding Section 13340 of the Government Code, donations deposited to the credit of the Northern California Veterans Cemetery Perpetual Maintenance Fund as authorized by this section shall be continuously appropriated to the department, without regard to fiscal year.

history: (History: Added by Stats. 2005, Ch. 74, Sec. 58. Effective July 19, 2005.)


citation: MVC § 1410

text:
(a) (1) Pursuant to Section 1412, the department, in voluntary cooperation with local government entities in the County of Orange, shall first study and then acquire, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery, which shall be located in the County of Orange. To qualify for this paragraph, a site shall have been studied by the department and the Department of General Services.

(2) The department shall conduct an acquisition study, in consultation with the Department of General Services, to assess the feasibility and costs of construction of the Southern California Veterans Cemetery.

(3) The department shall oversee and coordinate the study and subsequent acquisition, design, development, and construction of the cemetery.

(4) For purposes of this chapter, “department” means the Department of Veterans Affairs.

(b) (1) Subject to the eligibility requirements described in Section 2402 of Title 38 of the United States Code, as it may be amended, honorably discharged veterans and their spouses and eligible dependent children are eligible for interment in the cemetery. The department shall establish a fee to be charged for interment of veteran spouses and eligible dependent children. The amount of the fee shall not exceed the reasonable costs to the department for interment in the cemetery.

(2) Subject to Section 1418, for the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery.

(3) All fees received pursuant to paragraph (1) shall be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1412.

history: (History: Amended by Stats. 2022, Ch. 579, Sec. 2. (AB 1595) Effective September 27, 2022.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 9.5. Southern California Veterans Cemetery


citation: MVC § 1412

text:
(a) For the purposes of Section 1410, all local government entities in the County of Orange may join together for the purpose of cooperating with the department in the design, development, construction, and equipment of the cemetery.

(b) (1) All moneys received for the study and subsequent acquisition, design, development, construction, and equipment of the cemetery shall be deposited in the Southern California Veterans Cemetery Master Development Fund, which is hereby created in the State Treasury. Expenditure of those moneys shall be subject to appropriation by the Legislature in the annual Budget Act. Moneys appropriated by the Legislature for these purposes shall also be deposited in the fund.

(2) There is hereby created in the State Treasury the Southern California Veterans Cemetery Study Donation Fund. Notwithstanding paragraph (1), any local governmental entity or private organization in the County of Orange may donate moneys to the fund for the purpose of funding a study as described in paragraph (3). Moneys in the fund are continuously appropriated to the department for studies consistent with paragraph (3).

(3) (A) Upon receipt of sufficient moneys to complete a study, the department may study the feasibility of a site formally proposed by a local government in the County of Orange for the purpose of establishing a Southern California Veterans Cemetery, as described in subdivision (a) of Section 1410.

(B) Upon completion of the study, any excess funds shall be returned to the donor if requested or used to reimburse the state for expenditures made by the state for the purposes described in subdivision (a) of Section 1410.

(C) Any study conducted pursuant to this paragraph shall include, but not be limited to, an analysis of cost, legal, logistical, environmental, and fire hazard factors in the evaluation of the site, and an analysis of whether the proposed site meets the basic federal requirements for a federally recognized veterans cemetery.

(c) (1) Except as otherwise provided in Section 1416, all moneys received for the operation and maintenance of the cemetery, including moneys received pursuant to subdivision (b) of Section 1410, shall be deposited in the Southern California Veterans Cemetery Perpetual Maintenance Fund, which is hereby created in the State Treasury. Expenditure of those moneys shall be subject to appropriation by the Legislature in the annual Budget Act.

(2) It is the intent of the Legislature to appropriate funds in the annual Budget Act to fund annual cemetery operations and maintenance and to enact any additional legislation that may be necessary to set dollar limits on funding for those operations and that maintenance.

history: (History: Amended by Stats. 2022, Ch. 579, Sec. 3. (AB 1595) Effective September 27, 2022.)

chapter: 9.5. Southern California Veterans Cemetery


citation: MVC § 1414

text:
(a) Proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to review by an advisory committee comprised of the cemetery administrator, representatives from local government entities within Orange County, local veterans’ service organizations, and others as approved by the secretary.

(b) All proposals for the construction, placement, or donation of monuments and memorials to the cemetery shall be subject to the final approval of the secretary.

(c) Subject to Section 1418, the department shall adopt regulations for the policies and procedures to be followed with respect to the construction, placement, donation, and approval of monuments and memorials proposed to be placed on the cemetery grounds.

history: (History: Added by Stats. 2014, Ch. 646, Sec. 1. (AB 1453) Effective January 1, 2015.)


citation: MVC § 1416

text:
(a) Notwithstanding Section 11005 of the Government Code, the cemetery administrator, subject to the approval of the secretary, may accept donations of personal property, including cash or other gifts, to be used for the preliminary or conceptual design, construction, maintenance, beautification, and repair of the cemetery, or to reimburse the state for expenditures made by the state for these purposes.

(b) Cash donations made pursuant to subdivision (a) shall be deposited into the Southern California Veterans Cemetery Donations Fund, which is hereby created.

(1) Except as provided in paragraph (2) and notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated to the department for the maintenance, beautification, and repair of the cemetery or, subject to the approval of the secretary, for a specified cemetery maintenance or beautification project designated by the donor.

(2) Moneys deposited into the fund for the purpose of preliminary or conceptual design or for construction of the cemetery, or to reimburse the state for expenditures made by the state for the purposes described in subdivision (a), shall be made available only upon appropriation by the Legislature.

history: (History: Amended by Stats. 2017, Ch. 28, Sec. 89. (SB 96) Effective June 27, 2017.)


citation: MVC § 1418

text: For purposes of carrying out the provisions of this chapter, the department may adopt regulations. All regulations adopted pursuant to this chapter shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).


citation: MVC § 1450

text:
For purposes of this chapter, the following definitions apply:

(a) “Department” means the Department of Veterans Affairs.

(b) “Endowment Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund.

(c) “Nonreimbursable costs of design and construction” means the costs of planning, design, and construction of the California Central Coast State Veterans Cemetery at Fort Ord that are not reimbursable from the moneys received from the State Veterans Cemetery Grant Program as allowable costs as established by the United States Department of Veterans Affairs State Veterans Cemetery Grant Program.

(d) “Operations and maintenance costs” means costs incurred by the department for the operations and maintenance of the veterans cemetery including, but not limited to, personnel costs, the opening and closing of graves, the interment of remains, committal service coordination, grounds keeping, landscaping, general maintenance, and janitorial services.

(e) “Operations Fund” means the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund.

(f) “Phases” means the usual phases of a capital outlay project, and includes studies, preliminary plans, working drawings, including documents necessary to put the construction phase out to bid, and construction.

(g) “Veterans cemetery” means the California Central Coast State Veterans Cemetery at Fort Ord.

history: (History: Amended by Stats. 2013, Ch. 694, Sec. 1. (SB 232) Effective October 10, 2013.)

chapter: 10. Central Coast Veterans Cemetery

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 10. Central Coast Veterans Cemetery


text:
(a) Pursuant to this chapter, the department, in voluntary cooperation with the Board of Supervisors of the County of Monterey, the City of Seaside, the Fort Ord Reuse Authority, and surrounding counties, cities, and local agencies, shall design, develop, and construct the state-owned and state-operated veterans cemetery, which shall be located on the site of the former Fort Ord.

(b) The department shall oversee and coordinate the design, development, construction, and equipping of the veterans cemetery.

(c) It is the intent of the Legislature that the design of the veterans cemetery closely follows the concepts published in the California Central Coast Veterans Cemetery Fort Ord Development Master Plan as prepared for the Monterey County Redevelopment Agency.

(d) Notwithstanding Section 10107 of the Public Contract Code, and as authorized by Section 67679 of the Government Code, in fulfilling the requirements of subdivision (a), the department may enter into an agreement with the Fort Ord Reuse Authority for the project under subdivision (a) to be under the sole charge and direct control of the veterans cemetery public works project.

history: (History: Amended by Stats. 2011, Ch. 267, Sec. 1. (AB 629) Effective January 1, 2012.)


text:
(a) The Secretary of the California Department of Veterans Affairs shall establish the California Central Coast Veterans Cemetery Advisory Committee that consists of the following persons appointed by the secretary:

(1) One representative from the County of Monterey, nominated by the Board of Supervisors of the County of Monterey.

(2) One representative from the City of Seaside, nominated by the City Council of the City of Seaside.

(3) Three representatives from local veterans’ service organizations, appointed by the secretary.

(4) At least two members from the department.

(b) In recognition of the fact that the Endowment Fund will be made up largely of private and local funds, the department shall seek the advice of the Advisory Committee when considering significant changes in the design of the veterans cemetery.

history: (History: Amended by Stats. 2022, Ch. 130, Sec. 1. (AB 2963) Effective January 1, 2023.)


citation: MVC § 1451

text:
(a) The California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund is hereby created in the State Treasury. Moneys in the Endowment Fund shall be allocated, upon appropriation by the Legislature, to the department for the nonreimbursable costs of design and construction and the annual operations and maintenance costs of the veterans cemetery for the next 10 years.

(b) Moneys in the fund may be invested to generate earnings to offset annual operations and maintenance costs associated with the veterans cemetery.

(c) (1) The Endowment Fund may consist of donations from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the state General Fund as may be specified by law.

(2) The department may enter into any financial agreement to receive cash advances in the Endowment Fund, provided that the agreement does not require the state to repay or make payments on cash advances and the agreement is reviewed and approved by the Department of Finance.

(d) To the extent possible, donations made in-kind to the Endowment Fund shall be monetized so as to offset the ongoing operations and maintenance costs under Sections 1452 and 1453.

(e) Earnings generated by the Endowment Fund shall be retained by the fund.

(f) Moneys deposited in the Endowment Fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of the Government Code.

(g) Moneys in the Endowment Fund shall be invested by the Treasurer, after consultation with the department, in a manner that best meets the goals of the fund.

(h) If, through changes in state or federal law, additional revenues are identified for the operations and maintenance of the cemetery, including increases in federal burial allowances, so that the amount of annual revenue exceeds the annual operations and maintenance costs, the excess revenues shall be deposited in the Endowment Fund.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 163. (SB 1289) Effective January 1, 2019.)


citation: MVC § 1453

text:
(a) (1) The Controller, upon appropriation by the Legislature, shall transfer moneys from the Endowment Fund to the Operations Fund in an amount equal to the estimated costs of developing and submitting a State Veterans Cemetery Grant Program application to the United States Department of Veterans Affairs.

(2) The Controller, upon appropriation by the Legislature, shall transfer funds from the Endowment Fund to the Operations Fund in an amount at least equal to the estimated costs to complete preliminary plans and working drawings. Transfers shall be made only when sufficient funds, as determined by the Director of Finance, exist to fully accomplish each of these project phases.

(b) (1) The Secretary of Veterans Affairs is authorized to act as the official representative of the state in connection with the State Veterans Cemetery Grant Program application, including providing the United States Department of Veterans Affairs throughout the application process with all necessary assurances that additional information shall be provided when required. The Secretary of Veterans Affairs shall have final approval of all aspects of the cemetery design and operation.

(2) Upon transfer of funds pursuant to paragraphs (1) and (2) of subdivision (a), the department is authorized to proceed with all activities necessary to support the submission of the State Veterans Cemetery Grant Program application.

(3) Upon the United States Department of Veterans Affairs’ certification of the grant award, the department is authorized to proceed with construction and equipping of the veterans cemetery.

history: (History: Amended by Stats. 2022, Ch. 135, Sec. 2. (SB 949) Effective January 1, 2023.)


citation: MVC § 1454

text:
(a) The Central Coast Veterans Cemetery Master Development Fund is hereby renamed the California Central Coast State Veterans Cemetery at Fort Ord Operations Fund. Moneys in the Operations Fund may be transferred, upon appropriation by the Legislature, from the Endowment Fund to the Operations Fund for expenditure by the department, solely for the annual operations and maintenance costs of the veterans cemetery.

(b) (1) The Controller shall reserve an amount, not to exceed 20 percent of the amount allocated pursuant to subdivision (a), in the Operations Fund, which shall be used solely as a reserve for unforeseen operations and maintenance costs.

(2) For purposes of this subdivision, “unforeseen operations and maintenance costs” means any costs that could not have been reasonably anticipated by the department when preparing its estimate of annual operations and maintenance costs and that are needed to carry out the purposes of this chapter.

history: (History: Amended by Stats. 2013, Ch. 694, Sec. 5. (SB 232) Effective October 10, 2013.)


citation: MVC § 1455

text:
(a) Subsequent to the department’s submission of the State Veterans Cemetery Grant Program application, pursuant to Section 1453, the department shall adopt regulations to specify the eligibility requirements for interment, the appropriate fees to be charged for interment or burial of spouses and dependent children of honorably discharged veterans, and appropriate fees for the disinterment of remains.

(b) Those eligible for interment are all honorably discharged veterans and their spouses and dependent children.

(c) All fees received pursuant to subdivision (a) shall be deposited in the Endowment Fund created pursuant to Section 1451.

(d) Regulations adopted pursuant to this section shall also be applicable to all state-operated veterans cemeteries in order to ensure consistent and equitable treatment of all veterans and their families throughout the state.

history: (History: Amended by Stats. 2010, Ch. 450, Sec. 7. (AB 1757) Effective January 1, 2011.)


citation: MVC § 1456

text:
(a) Proposals for the construction, placement, or donation of monuments or memorials, excluding headstones, and other amenities to the veterans cemetery shall be subject to review by the California Central Coast Veterans Cemetery Advisory Committee.

(b) All proposals for the construction, placement, or donation of monuments, memorials, and amenities to the veterans cemetery shall be subject to the approval of the Secretary of Veterans Affairs.

(c) The department shall adopt regulations for the policies and procedures to be followed with respect to the design, placement, and approval of monuments and memorials proposed to be placed on veterans cemetery grounds.

(d) Endowment Fund balances exceeding that determined to be sufficient to meet annual operations and maintenance costs, as determined pursuant to Section 1453, may be expended, upon appropriation by the Legislature, for the purpose of establishing monuments, memorials, and amenities.

history: (History: Amended by Stats. 2013, Ch. 694, Sec. 6. (SB 232) Effective October 10, 2013.)


citation: MVC § 1457

text:
(a) Notwithstanding Section 11005 of the Government Code, the veterans cemetery administrator may, subject to the approval of the Secretary of Veterans Affairs, accept donations of personal property, including cash or other gifts, to be used for the maintenance or beautification of the veterans cemetery.

(b) Donations in the form of cash shall be deposited in the Endowment Fund and shall be expended for the maintenance and repair of the veterans cemetery or for a specified veterans cemetery maintenance or beautification project designated by the donor, upon appropriation by the Legislature.

history: (History: Amended by Stats. 2010, Ch. 450, Sec. 9. (AB 1757) Effective January 1, 2011.)


citation: MVC § 1480

text:
(a) Notwithstanding any other law, 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.

(b) Any costs for the interment of the spouses or children of eligible veterans who received a waiver pursuant to subdivision (a) shall be paid from nonstate funds.

(c) The cemetery administrator shall seek reimbursements, if any are available, from federal, county, and other local agencies to offset any fees lost as a result of the waiver authorized pursuant to subdivision (a).

(d) The cemetery administrator may solicit private donations to offset any fees lost as a result of the waiver authorized pursuant to subdivision (a).

history: (History: Added by Stats. 2009, Ch. 589, Sec. 1. (SB 469) Effective January 1, 2010.)

path: 6. VETERANS BUILDINGS, MEMORIALS, AND CEMETERIES > 10.5. State Veterans Cemeteries Fee Waiver


citation: MVC § 1630

text: This chapter may be cited as the Sabotage Prevention Act of 1950.

history: (History: Added by Stats. 1953, Ch. 68.)

division: 7. NATIONAL DEFENSE

chapter: 2. Sabotage Prevention Act of 1950

article: 1. General Provisions and Definitions

path: 7. NATIONAL DEFENSE > 2. Sabotage Prevention Act of 1950 > 1. General Provisions and Definitions


citation: MVC § 1631

text: Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.

article: 1. General Provisions and Definitions


citation: MVC § 1632

text: “Highway” includes any private or public street, way, or other place used for travel to or from property.

article: 1. General Provisions and Definitions


citation: MVC § 1633

text: “Highway commissioners” means any board or other body having authority to restrict or close any highway to public use and travel.

article: 1. General Provisions and Definitions


citation: MVC § 1634

text: “Public utility” includes any pipeline, gas, electric, heat, water, sewer, telephone, telegraph, radio, television, railway, railroad, airplane, transportation, communication, or other system, by whomsoever owned or operated for public use.

article: 1. General Provisions and Definitions


citation: MVC § 1635

text:
“War” means any of the following:

(a) Whenever Congress has declared war, and peace has not been formally restored.

(b) Whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared.

(c) Whenever the United States is assisting the United Nations, in actions involving the use of armed force, to restore international peace and security.

article: 1. General Provisions and Definitions


citation: MVC § 1636

text:
“Defense preparation” means any of the following:

(a) The manufacture, transportation, or storage of any product to be used in the preparation of the United States or any of the states for defense or for war or in the prosecution of war by the United States or in the rendering of assistance by the United States to any other nation in connection with that nation’s defense.

(b) The manufacture, transportation, distribution, or storage of gas, oil, coal, electricty, or water.

(c) The operation of any public utility.

article: 1. General Provisions and Definitions


citation: MVC § 1637

text: If conduct prohibited by this chapter is also made unlawful by another law, the offender may be convicted for the violation of this chapter or of the other law.

article: 1. General Provisions and Definitions


citation: MVC § 1639

text:
This chapter shall not be construed:

(a) To impair, curtail, or destroy the right of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.

(b) To impair, curtail, or destroy the rights of employees, former employees, and their representatives to strike.

article: 1. General Provisions and Definitions


citation: MVC § 1640

text: If any provision of this chapter or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

article: 1. General Provisions and Definitions


citation: MVC § 1650

text: Any individual, partnership, association, corporation, municipal corporation, or the State or any of its political subdivisions engaged in, or preparing to engage in, defense preparation, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons, or things, is enclosed, may post around its property at each gate, entrance, dock, or railway entrance and every 100 feet of water front a sign reading “no entry without permission.”

path: 7. NATIONAL DEFENSE > 2. Sabotage Prevention Act of 1950 > 2. Protection of Property Used for Defense Preparation


citation: MVC § 1651

text: Any person who without permission of the owner wilfully enters upon any premises posted pursuant to Section 1650 is guilty of a misdemeanor.

article: 2. Protection of Property Used for Defense Preparation


citation: MVC § 1652

text: Any peace officer or any person employed as a security guard or in a supervisory capacity on premises posted pursuant to Section 1650 may stop any person found on the premises and may detain that person for the purpose of demanding their name, address, and the reason for the person’s presence. If the peace officer or employee has reason to believe that the person has no right to be on the premises, they may arrest the person without a warrant on the charge of violating Section 1651.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 107. (SB 1097) Effective January 1, 2025.)


citation: MVC § 1653

text: Any individual, partnership, association, corporation, municipal corporation, or the State or any of its political subdivisions engaged in or preparing to engage in defense preparation, who has property so used which he believes will be endangered if public use and travel is not restricted or prohibited on any abutting highway, may petition the highway commissioners of any city or county to close or to restrict the use of and travel upon any part of the abutting highway lying within 150 feet of such property.


citation: MVC § 1654

text: Upon receipt of a petition, the highway commissioners shall set a day for hearing and give notice thereof by publication pursuant to Section 6061 of the Government Code in the city or county in which such property is located. Notice shall be given at least seven days prior to the date set for hearing.

history: (History: Amended by Stats. 1957, Ch. 357.)


citation: MVC § 1655

text: If after hearing the highway commissioners determine that the public safety and the safety of the property of the petitioner require that public use and travel upon any abutting highway be closed or restricted within 150 feet or less of the property, they shall issue such an order.


citation: MVC § 1656

text: Appropriate notices in letters at least three inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order.


citation: MVC § 1657

text: The highway commissioners may at any time revoke or modify any order so made.


citation: MVC § 1658

text: The highway commissioners may issue written permits to travel over the highways so closed or restricted to responsible and reputable persons for such term, under such conditions, and in such form as the commissioners prescribe.


citation: MVC § 1659

text: Any person who violates any order made under Section 1655 is guilty of a misdemeanor.


citation: MVC § 1670

text: Any person who intentionally and maliciously destroys, impairs, injures, interferes, or tampers with real or personal property with reasonable grounds to believe that such act will hinder, delay, or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, or with the rendering of assistance by the United States to any other nation in connection with that nation’s defense, is guilty of a felony.

article: 3. Sabotage

path: 7. NATIONAL DEFENSE > 2. Sabotage Prevention Act of 1950 > 3. Sabotage


citation: MVC § 1671

text: Any person who intentionally and maliciously makes or causes to be made or intentionally and maliciously omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any state for defense or for war, or for the prosecution of war by the United States, or with the rendering of assistance by the United States to any other nation in connection with that nation’s defense, or that such article or thing is one of a number of similar articles or things, some of which are intended so to be used, is guilty of a felony.

article: 3. Sabotage


citation: MVC § 1672

text:
Any person who is guilty of violating Section 1670 or 1671 is punishable as follows:

(a) If the act or failure to act causes the death of any person, a person violating this section is punishable by death or imprisonment in the state prison for life without possibility of parole. The penalty shall be determined pursuant to the provisions of Sections 190.3 and 190.4 of the Penal Code. If the act or failure to act causes great bodily injury to any person, a person violating this section is punishable by life imprisonment without possibility of parole.

(b) If the act or failure to act does not cause the death of, or great bodily injury to, any person, the person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, if a person so acts or so fails to act with the intent to hinder, delay, or interfere with the preparation of the United States or of any state for defense or for war, or with the prosecution of war by the United States, or with the rendering of assistance by the United States to any other nation in connection with that nation’s defense, the person is punishable by a fine of not more than ten thousand dollars ($10,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, five, or seven years, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 226. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 3. Sabotage


citation: MVC § 1673

text: Any person who attempts to commit any of the crimes defined by this chapter is punishable as provided in Section 664 of the Penal Code, except that attempts to commit crimes defined by Sections 1670 and 1671 are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three or four years or by a fine of not more than ten thousand dollars ($10,000), or both. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this chapter not followed by the commission of the crime, the collection or assemblage of any materials with the intent that they are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, of a building, enclosure, or other premises of another with the intent to commit any such crime constitutes an attempt to commit such crime.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 227. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 3. Sabotage


citation: MVC § 1674

text: If two or more persons conspire to commit any crime defined by this chapter, each is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. The fact that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice, or has been pardoned or otherwise discharged before or after conviction does not constitute a defense or ground of suspension of judgment, sentence, or punishment for any person prosecuted under this section.

article: 3. Sabotage


citation: MVC § 1690

text: Any elected officer of the state who is called to serve with the Armed Forces of the United States has a right to return to and to reenter upon their office after the termination of their active service with the Armed Forces if the term for which they are elected has not expired.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 152. (AB 1170) Effective January 1, 2026.)

path: 7. NATIONAL DEFENSE > 3. Reinstatement of Public Officers After Military Service


citation: MVC § 1691

text: Upon their return and reentry or their return to the office they shall have all of the rights and privileges in, connected with, or arising out of, the office which they would have enjoyed if they had not been absent.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 109. (SB 1097) Effective January 1, 2025.)

chapter: 3. Reinstatement of Public Officers After Military Service


citation: MVC § 1692

text: Any vacancy created by such absence may be filled by a temporary appointment, as provided by law, for a term not to extend beyond the time of the return and reentry to the office by the absent person or beyond the term for which they are elected.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 110. (SB 1097) Effective January 1, 2025.)


citation: MVC § 1693

text: If any such officer was required by law to file an oath of office or to execute a bond prior to their original entry upon the duties of the office, they shall file an oath and execute a bond in like manner and form prior to their reentry upon the duties of the office.

history: (History: Amended by Stats. 2024, Ch. 129, Sec. 111. (SB 1097) Effective January 1, 2025.)


citation: MVC § 1800

text:
As used in Section 1801:

(a) “Veterans’ organizations” means any duly congressionally recognized or chartered organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries, including, but not limited to, the Air Force Sergeants Association, American Ex-Prisoners of War, American Legion, American Veterans, Armed Forces Retirees Association of California, Association of the United States Army, Blinded Veterans Association, California Association of County Veterans Service Officers, California State Commanders Veterans Council, Disabled American Veterans, Fleet Reserve Association, Jewish War Veterans, Legion of Valor, Marine Corps League, Military Officers Association of America, Military Order of the Purple Heart, National Association for Uniformed Services, Paralyzed Veterans of America, Reserve Officers Association, Retired Enlisted Association, Veterans of Foreign Wars, Vietnam Veterans of America, or WAVES National.

(b) “Poppy” means any article fashioned of cloth, paper, or other material which represents or resembles the poppy or other flower.

(c) “Badge” means any badge, rosette, lapel button, or other insignia of any veterans’ organization or any imitation thereof.

(d) “Label” means any card, paper, sign, certificate, banner, or other material containing the name of or a similar name to that of any veterans’ organization.

history: (History: Amended by Stats. 2006, Ch. 206, Sec. 1. Effective January 1, 2007.)

division: 8. VETERANS' WELFARE

chapter: 1. Solicitation for Veterans’ Benefits

path: 8. VETERANS' WELFARE > 1. Solicitation for Veterans’ Benefits


citation: MVC § 1801

text:
It is unlawful for any person to do any of the following acts:

(a) To hawk, peddle, vend, offer to sell, give away, or offer to give away any poppy, badge, or label, which appears to be, or is represented directly or indirectly as being, sponsored, endorsed, or offered by any veterans’ organization, when such poppy, badge, or label is not so sponsored, endorsed, or offered by any veterans’ organization.

(b) To represent in any way, directly or indirectly, that any poppy, badge, or label is sponsored, endorsed, or is being offered by a veterans’ organization when it is in fact not so sponsored, endorsed, or offered by that veterans’ organization.

(c) To represent in any way, directly or indirectly that any act of solicitation of the contribution of funds or property or for the purchase or sale of any merchandise or services is sponsored, endorsed, or made by or at the request of a veterans’ organization when it is not in fact so sponsored, endorsed, or made by that veterans’ organization.

(d) To manufacture, process, assemble or distribute, or offer for sale, any poppy, badge, or label which appears to be, or is represented directly or indirectly as being, sponsored, endorsed, or offered by any veterans’ organization, when such poppy, badge, or label is not so sponsored, endorsed, or offered by any veterans’ organization.

Any person, whether or not an honorably discharged member of the Armed Forces of the United States, and whether or not licensed to hawk, peddle, or vend goods, wares, or merchandise, who violates this section is guilty of a misdemeanor.

history: (History: Amended by Stats. 2006, Ch. 206, Sec. 2. Effective January 1, 2007.)


citation: MVC § 1802

text: Any person who solicits funds for the benefit of any veteran or veterans’ association and who uses such funds for purposes other than those represented in the solicitation is guilty of a misdemeanor.