There is a newer version of the California Code
2007 California Military and Veterans Code Chapter 10. Central Coast Veterans Cemetery
CA Codes (mvc:1450-1457)
MILITARY AND VETERANS CODESECTION 1450-1457
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 including, but not limited to, personnel costs, the opening and closing of graves, the interment of remains, committal service coordination, groundskeeping, 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) "Veterans' cemetery" means the California Central Coast State Veterans' Cemetery at Fort Ord. 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 that 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 111277 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. 1452. (a) On or before July 1, 2007, and annually thereafter, the Controller, after consultation with the department, shall report to the Assembly and Senate Committees on Veterans Affairs, Monterey County, the City of Seaside, and the Fort Ord Reuse Authority on the status of the Endowment Fund, the amount of interest and investment earnings generated by the Endowment Fund, and the estimated amount of additional principal needed to generate annual interest revenue that will sufficiently cover the estimated annual administrative and oversight costs. (b) The estimated annual administrative and oversight costs shall be developed annually by the department and provided to the Controller for purposes of the report required by subdivision (a) by no later than June 15 of each year. 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. (b) The Secretary of Veterans Affairs shall submit the State 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' 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. (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 to fund 100 percent of the design, development, construction, and equipping of the veterans' cemetery. 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. 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 and the appropriate fees to be charged for interment or burial of spouses and children of honorably discharged veterans in the veterans' cemetery. (b) Those eligible for interment are all honorably discharged veterans and their spouses and children. (c) All fees received pursuant to subdivision (a) shall be deposited in the Endowment Fund created pursuant to Section 1451. 1456. (a) Proposals for the construction, placement, or donation of monuments and memorials, excluding headstones, to the 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. (b) All proposals for the construction, placement, or donation of monuments and memorials 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. 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.
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