Bill Text: CA AB1757 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 1757	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning
   (Coauthor: Assembly Member Caballero)

                        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, as introduced, 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 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 accomplish the design, development, and construction of the
cemetery in phases. This bill would authorize the department to begin
designing, developing, and contracting upon the transfer of funds,
and to begin construction and equipping the veterans cemetery upon
the United States Department of Veterans Affairs certification of the
grant award.
   (3) Existing law requires the department to adopt regulations for
eligibility requirements, as provided, and authorizes the burial of
children of honorably discharged veterans in the veterans cemetery.
    This bill would require regulations to apply to all
state-operated veterans cemeteries, as specified, and would limit
burial in the veterans cemetery to dependent children of honorably
discharged veterans.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  California Central
Coast State Veterans' Cemetery at Fort Ord   veterans
cemetery  including, but not limited to, personnel costs, the
opening and closing of graves, the interment of remains, committal
service coordination,  groundskeeping   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'   Veterans  Cemetery at Fort Ord
Endowment Fund.
   (d) "Operations Fund" means the California Central Coast State
 Veterans'   Veterans  Cemetery at Fort Ord
Operations Fund. 
   (e) "Phases" means the usual phases of a design-bid-build capital
outlay project. The phases would include studies, preliminary plans,
working drawings, including documents necessary to put the
construction phase out to bid, and construction.  
   (e) "Veterans' 
    (f)     "Veterans  cemetery" means the
California Central Coast State  Veterans'  
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 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'
  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'   veterans  cemetery, pursuant
to Sections 1453 and 1454, and to generate funding through interest
for  that   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' 
 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'   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  111277  
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'   Veterans  Cemetery Grant
Program application, the department shall develop and submit a State
 Veterans'   Veterans  Cemetery Grant
Program application to the United States Department of Veterans
Affairs for the establishment of a  veterans'  
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  project design,
development of all documents necessary for construction, and 
developing and submitting the State  Veterans'  
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 accomplish the design, development, and
construction of the cemetery in phases. Transfers shall be made only
when sufficient funds, as determined by the Director of Finance,
exist to fully accomplish each project phase. 
   (b)  (1)    The Secretary of Veterans Affairs
shall submit the State  Veterans'   Veterans
 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'   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
design, development, and contracting 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'   Veterans  Cemetery Grant Program shall
be used to reimburse the Endowment Fund for the costs of developing
and submitting the State  Veterans'   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, development, construction, and equipping of the
 veterans'   veterans  cemetery.
  SEC. 6.  Section 1454 of the Military and Veterans Code is amended
to read:
   1454.  (a) The Central Coast  Veterans'  
Veterans  Cemetery Master Development Fund is hereby renamed the
California Central Coast State  Veterans'  
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'   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'   Veterans  Cemetery Grant
Program application, pursuant to Section 1453, the department shall
adopt regulations to specify the eligibility requirements for
interment  and   ,  the appropriate fees to
be charged for interment or burial of spouses and  dependent
 children of honorably discharged veterans  in the
veterans' cemetery   , 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  and   or  memorials,
excluding headstones,  and other amenities  to the 
veterans'   veterans  cemetery shall be subject to
review by  an advisory committee comprised of the veterans'
cemetery administrator, representatives from Monterey County,
representatives from the City of Seaside, local veterans' service
organizations, and others, as approved by the Secretary of Veterans
Affairs   the California Central Coast Veterans Cemetery
Advisory Committee  .
   (b) All proposals for the construction, placement, or donation of
monuments  and   ,  memorials  , and
amenities  to the  veterans'   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'   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'   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'   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'   veterans  cemetery or
for a specified  veterans'   veterans 
cemetery maintenance or beautification project designated by the
donor, upon appropriation by the Legislature.