Bill Text: CA AB1757 | 2009-2010 | Regular Session | Chaptered
Bill Title: Veterans cemetery.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 450, Statutes of 2010. [AB1757 Detail]
Download: California-2009-AB1757-Chaptered.html
BILL NUMBER: AB 1757 CHAPTERED
BILL TEXT
CHAPTER 450
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Monning
(Coauthors: Assembly Members Caballero and Cook)
(Coauthor: Senator Denham)
FEBRUARY 8, 2010
An act to amend Sections 1450, 1451, 1453, 1454, 1455, 1456, and
1457 of, and to add Sections 1450.1 and 1450.2 to, the Military and
Veterans Code, relating to veterans.
LEGISLATIVE COUNSEL'S DIGEST
AB 1757, Monning. Veterans cemetery.
(1) Existing law created the California Central Coast State
Veterans Cemetery at Fort Ord Endowment Fund in the State Treasury
and requires those moneys to be allocated for the annual
administrative and oversight costs of the veterans cemetery, as
specified.
This bill would require the Department of Veterans Affairs, in
voluntary cooperation with the Board of Supervisors of the County of
Monterey, the City of Seaside, the Fort Ord Reuse Authority, and
local agencies to design, develop, and construct the California
Central Coast Veterans Cemetery at Fort Ord, as specified. This bill
would require the Secretary of the California Department of Veterans
Affairs to appoint an Advisory Committee to advise the department
when considering significant changes to the cemetery, as provided.
This bill would require additional revenues identified for the
administration and oversight of the cemetery to be deposited in the
Endowment Fund, as specified.
(2) Existing law requires the department to develop and submit a
Veterans Cemetery Grant Program application to the United States
Department of Veterans Affairs for the establishment of a veterans
cemetery, as provided. Existing law requires the Controller to
transfer moneys from the Endowment Fund to the Operations Fund in the
amount equal to the costs of developing and submitting the State
Veterans Cemetery Grant Program application, as provided.
This bill would require the Controller, upon the appropriation of
the Legislature, to transfer funds from the Endowment Fund to the
Operations Fund in the amount at least equal to the estimated costs
to complete preliminary plans and working drawings. This bill would
authorize the department, upon the transfer of those funds, to
proceed with all activities necessary to support the submission of
the grant application, and, upon the United States Department of
Veterans Affairs certification of the grant award to begin
construction and equipping the veterans cemetery. This bill would
define "phases" to mean the usual phases of a capital outlay project,
as specified.
(3) Existing law requires the department to adopt regulations for
eligibility requirements, as provided, and authorizes the burial of
honorably discharged veterans and their spouses and children in the
veterans cemetery.
This bill would require regulations to apply to all
state-operated veterans cemeteries, as specified, and would limit
burial of the children of honorably discharged veterans in the
veterans cemetery to only dependent children.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1450 of the Military and Veterans Code is
amended to read:
1450. For purposes of this chapter, the following definitions
apply:
(a) "Administrative and oversight costs" means costs incurred by
the department for the 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.
(b) "Department" means the Department of Veterans Affairs.
(c) "Endowment Fund" means the California Central Coast State
Veterans Cemetery at Fort Ord Endowment Fund.
(d) "Operations Fund" means the California Central Coast State
Veterans Cemetery at Fort Ord Operations Fund.
(e) "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.
(f) "Veterans cemetery" means the California Central Coast State
Veterans Cemetery at Fort Ord.
SEC. 2. Section 1450.1 is added to the Military and Veterans Code,
to read:
1450.1. (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.
SEC. 3. Section 1450.2 is added to the Military and Veterans Code,
to read:
1450.2. (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) One representative from the Fort Ord Reuse Authority,
nominated by the board of directors of the Fort Ord Reuse Authority.
(4) Two members from the Fort Ord Veterans Cemetery Citizens
Advisory Committee, nominated by that committee.
(5) 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.
SEC. 4. Section 1451 of the Military and Veterans Code is amended
to read:
1451. (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 annual administrative
and oversight costs of the veterans cemetery, pursuant to Sections
1453 and 1454, and to generate funding through interest for the
veterans cemetery.
(b) (1) Moneys in the fund shall first be invested with the goal
of achieving capital appreciation to create a balance sufficient to
generate ongoing earnings to cover the estimated annual oversight and
maintenance costs associated with the veterans cemetery pursuant to
Section 1453.
(2) Upon the determination of the Controller that the Endowment
Fund balance has attained the goal established in paragraph (1),
moneys in the fund shall be invested to generate earnings to fund
annual oversight and maintenance costs associated with the veterans
cemetery.
(c) The Endowment Fund may consist of donations from public and
private entities, partnerships between public and private entities,
fees, and transfers from the state General Fund as may be specified
by law.
(d) To the extent possible, donations made in-kind to the
Endowment Fund shall be monetized so as to offset the ongoing
administrative and oversight 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 Sections 11270 through 11277 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 administration and oversight of the
cemetery, including increases in federal burial allowances, so that
the amount of annual revenue exceeds the annual administrative and
oversight costs, the excess revenues shall be deposited in the
Endowment Fund.
SEC. 5. Section 1453 of the Military and Veterans Code is amended
to read:
1453. (a) (1) Upon the determination of the Controller, after
consultation with the Secretary of Veterans Affairs, that the
Endowment Fund has adequate principal to annually yield sufficient
investment earnings, from the date of the determination, to cover the
annual administrative and oversight costs over the next 10 years and
to fund the estimated costs of developing and submitting the State
Veterans Cemetery Grant Program application, the department shall
develop and submit a State Veterans Cemetery Grant Program
application to the United States Department of Veterans Affairs for
the establishment of a veterans cemetery.
(2) 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 the
State Veterans Cemetery Grant Program application to the United
States Department of Veterans Affairs.
(3) Notwithstanding paragraph (1), 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.
(4) The department shall not proceed with advertisement for
construction bids until the Endowment Fund has adequate principal to
cover annual administrative and oversight costs, in accordance with
paragraph (1).
(b) (1) The Secretary of Veterans Affairs shall submit the State
Veterans Cemetery Grant Program application to the United States
Department of Veterans Affairs within six months of the Controller's
determination pursuant to subdivision (a). 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 (2) and (3) 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.
(c) If awarded, the moneys received from the State Veterans
Cemetery Grant Program shall be used to reimburse the Endowment Fund
for the costs of developing and submitting the State Veterans
Cemetery Grant Program application to the United States Department of
Veterans Affairs and other eligible costs, and to fund 100 percent
of costs allowed by the grant requirements, as well as the state's
share of any other costs for the design, construction, and equipping
of the veterans cemetery.
SEC. 6. Section 1454 of the Military and Veterans Code is amended
to read:
1454. (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 administrative and oversight 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 administrative and oversight costs.
(2) For purposes of this subdivision, "unforeseen administrative
and oversight costs" means any costs that could not have been
reasonably anticipated by the department when preparing its estimate
of annual administrative and oversight costs and that are needed to
carry out the purposes of this chapter.
SEC. 7. Section 1455 of the Military and Veterans Code is amended
to read:
1455. (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.
SEC. 8. Section 1456 of the Military and Veterans Code is amended
to read:
1456. (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 administrative and oversight costs, as
determined pursuant to Section 1453, may be expended, upon
appropriation by the Legislature, for the purpose of establishing
monuments, memorials, and amenities.
SEC. 9. Section 1457 of the Military and Veterans Code is amended
to read:
1457. (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.
