AB 1453, as introduced, Quirk-Silva. Southern California Veterans Cemetery.
The Department of Veterans Affairs is created in state government and the Secretary of Veterans Affairs is the head of the department. Under existing law, the Department of Veterans Affairs, in voluntary cooperation with the Shasta County Board of Supervisors and the boards of supervisors of specified northern California counties, is required to design, develop, and construct a state-owned and state-operated Northern California Veterans Cemetery.
This bill would require the department, in voluntary cooperation with the Orange County Board of Supervisors and city councils of other participating southern California cities, to design, develop, and construct a state-owned and state-operated Southern California Veterans Cemetery. The bill would make all honorably discharged veterans and their spouses and children eligible for interment in the cemetery. The bill would impose a fee of $____ for each spouse or child interred in the cemetery.
The bill would create the Southern California Veterans Cemetery Master Development Fund, a continuously appropriated fund, and would require all moneys received for the design, development, and construction of the cemetery to be deposited in this fund. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would also create the Southern California Veterans Cemetery Perpetual Maintenance Fund and would direct all moneys received for the maintenance of the cemetery, including those moneys received for the interment of a spouse or child.
The bill would make proposals for the construction, placement, or donation of monuments and memorials to the cemetery subject to review by a specified advisory committee and subject to final approval by the Secretary.
The bill would authorize the cemetery administrator to accept donations of personal property to be used for the maintenance or beautification of the cemetery. The bill would require cash donations to be deposited into the Northern California Veterans Cemetery Donations Fund, a continuously appropriated fund created by this bill, and would require the cash donations to be expended for the maintenance and repair of the facility, as specified. By creating a continuously appropriated fund, the bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 9.5 (commencing with Section 1410) is
2added to Division 6 of the Military and Veterans Code, to read:
3
(a) (1) The department, in voluntary cooperation with
7the Orange County Board of Supervisors and the city councils of
8other participating southern California cities as specified in Section
91412, shall design, develop, and construct a state-owned and
10state-operated Southern California Veterans Cemetery, which shall
11be located in Orange County, California.
12(2) The department shall oversee and coordinate the design,
13development, and construction of the cemetery.
14(3) For purposes of this chapter, “department” means the
15Department of Veterans Affairs.
16(b) (1) All honorably discharged veterans and their spouses
17and
children are eligible for internment in the cemetery. A fee of
P3 1____ dollars ($____) shall be charged for each spouse or child
2interred in the cemetery. This fee shall not exceed the reasonable
3costs to the department for internment in the cemetary.
4(2) For the purposes of this subdivision, the department shall
5adopt regulations to specify the eligibility requirements for
6interment in the cemetery. These regulations shall be adopted
7pursuant to the Administrative Procedure Act (Chapter 3.5
8(commencing with Section 11340) of Part 1 of Division 3 of Title
92 of the Government Code).
10(3) All fees received pursuant to paragraph (1) shall be deposited
11in the Southern California Veterans Cemetery Perpetual
12Maintenance Fund created pursuant to Section 1412.
(a) For the purposes of Section 1410, the Orange County
14Board of Supervisors may join with the city councils of cities
15within Orange County wishing to participate in the design,
16development, and construction of the cemetery.
17(b) All moneys received for the design, development, and
18construction of the cemetery shall be deposited in the Southern
19California Veterans Cemetery Master Development Fund, which
20is hereby created in the State Treasury. Notwithstanding Section
2113340 of the Government Code, money in the fund is continuously
22appropriated to the department for the purpose of designing,
23developing, constructing, and equipping the cemetery. Moneys
24appropriated by the Legislature for these purposes shall also be
25deposited in the fund.
26(c) (1) All moneys received for the maintenance of the
27cemetery, including moneys received pursuant to subdivision (b)
28of Section 1410, shall be deposited in the Southern California
29Veterans Cemetery Perpetual Maintenance Fund, which is hereby
30created in the State Treasury. Any state funding for the annual
31maintenance of the cemetery shall be appropriated by the
32Legislature in the annual Budget Act.
33(2) It is estimated that, after the construction of the cemetery,
34____ dollars ($____) should be appropriated annually by the
35Legislature in the annual Budget Act or the participating southern
36California counties, or both, to the department for the operating
37costs of the cemetery.
38(3) Total expenditures for operations and maintenance should
39not be more than ____ dollars ($____) per fiscal year, as
40
appropriated in the annual Budget Act.
(a) Proposals for the construction, placement, or donation
2of monuments and memorials to the cemetery shall be subject to
3review by an advisory committee comprised of the cemetery
4administrator, representatives from Orange County, local veterans’
5service organizations, and others as approved by the secretary.
6(b) All proposals for the construction, placement, or donation
7of monuments and memorials to the cemetery shall be subject to
8the final approval of the secretary.
9(c) The department shall adopt regulations for the policies and
10procedures to be followed with respect to the design, placement,
11and approval of monuments and memorials proposed to be placed
12on the cemetery grounds.
These regulations shall be adopted
13pursuant to the Administrative Procedure Act (Chapter 3.5
14(commencing with Section 11340) of Part 1 of Division 3 of Title
152 of the Government Code).
(a) Notwithstanding Section 11005 of the Government
17Code, the cemetery administrator, subject to the approval of the
18secretary, may accept donations of personal property, including
19cash or other gifts, to be used for the maintenance or beautification
20of the cemetery.
21(b) Cash donations made pursuant to subdivision (a) shall be
22deposited into the Northern California Veterans Cemetery
23Donations Fund, which is hereby created. Notwithstanding Section
2413340 of the Government Code, money in the fund is continuously
25appropriated to the department for the maintenance and repair of
26the facility or, subject to the approval of the secretary, for a
27specified cemetery maintenance or beautification project designated
28by the
donor.
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