AB200:v99#DOCUMENTBill Start
Revised
February 08, 2019
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CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 200
Introduced by Assembly Member Patterson
(Principal coauthor: Senator Archuleta)
(Coauthors: Assembly Members Choi, Lackey, and Voepel)
(Coauthors: Senators Bates, Chang, Glazer, Nielsen, and Wilk)
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January 14, 2019 |
An act to amend Sections 1400, 1410, and 1455 of the Military and Veterans Code, relating to veterans cemeteries.
LEGISLATIVE COUNSEL'S DIGEST
AB 200, as introduced, Patterson.
State veterans cemeteries: Hmong veterans.
Existing law authorizes the Department of Veterans Affairs to design, develop, and construct state-owned and state-operated veterans cemeteries, as specified, in northern, southern, and central California. Existing law makes honorably discharged veterans, their spouses, and dependent children eligible for internment in those cemeteries, as specified.
This bill would additionally authorize the remains of a person to be buried in those cemeteries if the person was naturalized pursuant to the federal Hmong Veterans’ Naturalization Act of 2000, as specified, and resided in the State of California at the time of the person’s death.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1400 of the Military and Veterans Code is amended to read:1400.
(a) (1) The Department of Veterans Affairs, in voluntary cooperation with the Shasta County Board of Supervisors and the boards of supervisors of other participating northern California counties as specified in Section 1401, shall design, develop, and construct a state-owned and state-operated Northern California Veterans Cemetery which that shall be located in northern California.(2) The department shall oversee and coordinate the
design, development, and construction of the cemetery.
(b) (1) Those eligible for interment in the cemetery are all honorably discharged veterans and their spouses and children. A fee of five hundred dollars ($500) shall be charged for each spouse or child interred in the cemetery.
(2) For the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery.
(3) All fees received pursuant to paragraph (1) shall be deposited in the Northern California Veterans Cemetery Perpetual Maintenance Fund created pursuant to Section 1401.
(c) Notwithstanding subdivision (b), the remains
of a person who meets both of the following criteria is eligible for internment in the Northern California Veterans Cemetery:
(1) The person was naturalized pursuant to Section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106-207; 8 U.S.C. 1423 note).
(2) The person resided in the State of California at the time of the person’s death.
SEC. 2.
Section 1410 of the Military and Veterans Code is amended to read:1410.
(a) (1) The department, in voluntary cooperation with local government entities in the County of Orange pursuant to Section 1412, shall acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery, which shall be located at the 125 acres known as the Bake Parkway site.(2) The department shall oversee and coordinate the acquisition, study, design, development, and construction of the cemetery.
(3) For purposes of this chapter, “department” means the Department of Veterans Affairs.
(b) (1) Subject to the eligibility requirements
described in Section 2402 of Title 38 of the United States Code, as amended from time to time, honorably discharged veterans, their spouses, and eligible dependent children are eligible for interment in the cemetery. The department shall establish a fee to be charged for interment of veteran spouses and eligible dependent children. The amount of the fee shall not exceed the reasonable costs to the department for interment in the cemetery.
(2) Subject to Section 1418, for the purposes of this subdivision, the department shall adopt regulations to specify the eligibility requirements for interment in the cemetery.
(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.
(c) Notwithstanding subdivision (b), the remains of a person who meets both of the following criteria are eligible for internment in the Southern California Veterans Cemetery:
(1) The person was naturalized pursuant to Section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106-207; 8 U.S.C. 1423 note).
(2) The person resided in the State of California at the time of the person’s death.
SEC. 3.
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.
(e) Notwithstanding subdivision (b), the remains of a person who meets both of the following criteria are eligible for internment in the California Central Coast State Veterans Cemetery at Fort Ord:
(1) The person was naturalized pursuant to Section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106-207; 8 U.S.C. 1423 note).
(2) The person resided in the State of California at the time of the person’s death.
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REVISIONS:
Heading—Line 2.
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