Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1453

Introduced by Assembly Member Quirk-Silva

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(Coauthors: Assembly Members Daly, Mansoor, and Wagner)

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(Coauthors: Senators Correa and Wyland)

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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 amended, Quirk-Silva. Southern California Veterans Cemetery.

The Department of Veterans Affairs begin insert (department) end insert is created in state government and the Secretary of Veterans Affairs is the head of the department. Under existing law, the begin delete Department of Veterans Affairs end delete begin insert department end insert , 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. begin insert Under existing law, 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, is required to design, develop, and construct the state-owned and state-operated veterans cemetery, which shall be located on the site of the former Fort Ord. end insert

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Existing federal law authorizes the Secretary of Veterans Affairs of the federal Department of Veterans Affairs to make a grant to any state for the purpose of establishing, expanding, or improving a veterans’ cemetery owned by the state and operating and maintaining a veterans’ cemetery.

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This bill would require the department, in voluntary cooperation with begin delete the Orange County Board of Supervisors and city councils of other participating southern California cities, end delete begin insert local government entities in Orange County, end insert to design, develop, begin delete and end delete construct begin insert , and equip end insert 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 begin delete impose a fee of $____ for each spouse or child interred in the cemetery. end delete begin insert require the department to establish a fee to be charged for interment of veteran spouses and children. end insert

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, begin delete and end delete construction begin insert , and equipment end insert 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 begin insert , to be deposited in this fund end insert .

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 begin delete or end delete begin insert , end insert beautification begin insert , or repair end insert of the cemetery. The bill would require cash donations to be deposited into the begin delete Northern end delete begin insert Southern end insert 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 begin insert , beautification, end insert and repair of the begin delete facility end delete begin insert cemetery end insert , as specified. By creating a continuously appropriated fund, the bill would make an appropriation.

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The bill would require and authorize the department to adopt regulations, as specified.

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The bill would declare the intent of the Legislature to appropriate funds in the annual Budget Act to support the department in carrying out the provisions of this bill. The bill would specify that if no appropriation is made for these purposes, the department would not be required to comply with the provisions of this bill.

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The bill would require the department to apply to the Veterans Cemetery Grants Program of the federal Department of Veterans Affairs for a grant of not more than an unspecified amount, which amount represents 100% of the estimated cost for designing, developing, constructing, and equipping the cemetery.

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The bill would declare the intent of the Legislature to prohibit the expenditure of money appropriated to the department until the department has received written approval of the grant request and a commitment from the federal Veterans Cemetery Grants Program that the funds appropriated under the grant are available for expenditure by the state, except as specified.

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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
begin delete the Orange County Board of Supervisors and the city councils of
other participating southern California cities as specified in end delete begin insert local
government entities in Orange County pursuant to end insert Section 1412,
shall design, develop, begin delete and end delete construct begin insert , and equip end insert 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 begin delete internment end delete begin insert interment end insert in the cemetery. begin delete A fee of ____ dollars ($____) shall be charged for each spouse or
child interred in the cemetery. This end delete begin insert The department shall establish
a fee to be charged for interment of veteran spouses and children.
The amount of the end insert fee shall not exceed the reasonable costs to the
department for begin delete internment end delete begin insert interment end insert in the begin delete cemetary. end delete begin insert cemetery. end insert

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

(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, begin delete the Orange County
Board of Supervisors end delete begin insert all local government entities in Orange
County end insert may join begin delete with the city councils of cities within Orange
County wishing to participate end delete begin insert together for the purpose of
cooperating with the department end insert in the design, development, begin delete and end delete
construction begin insert , and equipment end insert of the cemetery.

(b) All moneys received for the design, development, begin delete and end delete
construction begin insert , and equipment end insert 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)  begin delete All end delete begin insert Except as otherwise provided in Section 1416, all end insert
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)  begin delete It is estimated that, end delete begin insert It is the intent of the Legislature that, end insert
after the construction of the cemetery, begin insert an estimated end insert ____ 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)  begin delete Total end delete begin insert It is the intent of the Legislature that total end insert 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 begin insert local government entities within end insert
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)  begin delete The end delete begin insert Subject to Section 1418, the end insert department shall adopt
regulations for the policies and procedures to be followed with
respect to the begin delete design, end delete begin insert construction, end insert placement, begin insert donation, end insert and
approval of monuments and memorials proposed to be placed on
the cemetery grounds. begin delete 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). end delete

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 begin delete or end delete begin insert , end insert beautification begin insert ,
or repair end insert of the cemetery.

(b) Cash donations made pursuant to subdivision (a) shall be
deposited into the begin delete Northern end delete begin insert Southern end insert 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 begin insert , beautification, end insert
and repair of the begin delete facility end delete begin insert cemetery end insert or, subject to the approval of
the secretary, for a specified cemetery maintenance or
beautification project designated by the donor.

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begin insert 1418. end insert   

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).

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begin insert SEC. 2. end insert   

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begin insert It is the intent of the Legislature to appropriate funds
in the annual Budget Act to support the Department of Veterans
Affairs in carrying out the provisions of Chapter 9.5 (commencing
with Section 1410) of Division 6 of the Military and Veterans Code.
If no appropriation is made for these purposes, the Department
of Veterans Affairs shall not be required to comply with the
provisions of Chapter 9.5 (commencing with Section 1410) of
Division 6 of the Military and Veterans Code. end insert

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begin insert SEC. 3. end insert   

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(a) The Department of Veterans Affairs shall apply
to the Veterans Cemetery Grants Program of the federal
Department of Veterans Affairs for a grant of not more than 100
percent of the estimated cost for designing, developing,
constructing, and equipping the cemetery.

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(b) It is the intent of the Legislature that the money to be
appropriated in the annual Budget Act under Section 2 of this act
is not expended until the Department of Veterans Affairs has
received written approval of the grant requested under subdivision
(a) and a commitment from the federal Veterans Cemetery Grants
Program that the funds appropriated under the grant are available
for expenditure by the state, except it is the intent of the Legislature
that the department may expend an amount necessary for
completion of the grant proposal from the funds intended by the
Legislature to be appropriated under Section 2.

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