BILL NUMBER: AB 1453	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk-Silva

                        JANUARY 9, 2014

   An act to add Chapter 9.5 (commencing with Section 1410) to
Division 6 of the Military and Veterans Code, relating to veterans,
and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  Chapter 9.5 (commencing with Section 1410) is added to
Division 6 of the Military and Veterans Code, to read:
      CHAPTER 9.5.  SOUTHERN CALIFORNIA VETERANS CEMETERY


   1410.  (a) (1) The department, in voluntary cooperation with the
Orange County Board of Supervisors and the city councils of other
participating southern California cities as specified in Section
1412, shall design, develop, and construct a state-owned and
state-operated Southern California Veterans Cemetery, which shall be
located in Orange County, California.
   (2) The department shall oversee and coordinate the design,
development, and construction of the cemetery.
   (3) For purposes of this chapter, "department" means the
Department of Veterans Affairs.
   (b) (1) All honorably discharged veterans and their spouses and
children are eligible for internment in the cemetery. A fee of ____
dollars ($____) shall be charged for each spouse or child interred in
the cemetery. This fee shall not exceed the reasonable costs to the
department for internment in the cemetary.
   (2) For the purposes of this subdivision, the department shall
adopt regulations to specify the eligibility requirements for
interment in the cemetery. These regulations shall be adopted
pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
   (3) All fees received pursuant to paragraph (1) shall be deposited
in the Southern California Veterans Cemetery Perpetual Maintenance
Fund created pursuant to Section 1412.
   1412.  (a) For the purposes of Section 1410, the Orange County
Board of Supervisors may join with the city councils of cities within
Orange County wishing to participate in the design, development, and
construction of the cemetery.
   (b) All moneys received for the design, development, and
construction of the cemetery shall be deposited in the Southern
California Veterans Cemetery Master Development Fund, which is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, money in the fund is continuously appropriated to
the department for the purpose of designing, developing,
constructing, and equipping the cemetery. Moneys appropriated by the
Legislature for these purposes shall also be deposited in the fund.
   (c) (1) All moneys received for the maintenance of the cemetery,
including moneys received pursuant to subdivision (b) of Section
1410, shall be deposited in the Southern California Veterans Cemetery
Perpetual Maintenance Fund, which is hereby created in the State
Treasury. Any state funding for the annual maintenance of the
cemetery shall be appropriated by the Legislature in the annual
Budget Act.
   (2) It is estimated that, after the construction of the cemetery,
____ dollars ($____) should be appropriated annually by the
Legislature in the annual Budget Act or the participating southern
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 ____ dollars ($____) per fiscal year, as appropriated in
the annual Budget Act.
   1414.  (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 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) 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. These regulations 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).
   1416.  (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 maintenance or beautification of the
cemetery.
   (b) Cash donations made pursuant to subdivision (a) shall be
deposited into the Northern California Veterans Cemetery Donations
Fund, which is hereby created. Notwithstanding Section 13340 of the
Government Code, money in the fund is continuously appropriated to
the department for the maintenance and repair of the facility or,
subject to the approval of the secretary, for a specified cemetery
maintenance or beautification project designated by the donor.