CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 200

Introduced by Assembly Member Patterson

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 Sectioto 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.