Bill Text: VA HB153 | 2018 | Regular Session | Enrolled

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

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Bill Title: Revolutionary War cemeteries and graves; disbursement of appropriated sums to maintain.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2018-03-30 - Governor: Acts of Assembly Chapter text (CHAP0639) [HB153 Detail]

Download: Virginia-2018-HB153-Enrolled.html

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §10.1-2211.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-2211.1:1, relating to Revolutionary War graves. [H 153] Approved

Be it enacted by the General Assembly of Virginia:

1. That §10.1-2211.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 10.1-2211.1:1 as follows:

§10.1-2211.1. Disbursement of funds appropriated for caring for Revolutionary War cemeteries and graves.

A. At the direction of the Director, the Comptroller of the Commonwealth is instructed and empowered to draw annual warrants upon the State Treasurer from any sums that may be provided in the general appropriation act, in favor of the treasurers of the Virginia Society of the Sons of the American Revolution (VASSAR) and the Revolutionary War memorial associations caring for cemeteries as set forth in subsection B. Such sums shall be expended by the associations for the routine maintenance of their respective Revolutionary War cemeteries and graves and for the graves of Revolutionary War soldiers and sailors not otherwise cared for in other cemeteries, and in erecting and caring for markers, memorials, and monuments to the memory of such soldiers and, sailors, and persons rendering service to the Patriot cause in the Revolutionary War. All such associations, through their proper officers, are required after July 1 of each year to submit to the Director a certified statement that the funds appropriated disbursed to the association or organization in the preceding fiscal year were or will be expended for the routine maintenance of cemeteries and graves specified in this section and the graves of Revolutionary War soldiers and sailors and in erecting and caring for markers, memorials, and monuments to the memory of such soldiers and, sailors, and persons rendering service to the Patriot cause in the Revolutionary War. A If a cemetery association failing fails to comply with any of the requirements of this section, such association shall be prohibited from receiving moneys allocated under this section for all subsequent fiscal years until the association fully complies with the requirements. No retroactive disbursement of funds for any preceding year shall be made. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Revolutionary War Cemeteries and Graves Fund created pursuant to §10.1-2211.1:1.

B. Allocation of appropriations made pursuant to this section shall be based on the number of graves, monuments, and markers as set forth opposite the cemetery name, or as documented by each association multiplied by the rate of five dollars $5 or the average actual cost of routine maintenance, whichever is greater, for each grave, monument, or marker in the care of a cemetery association. For the purposes of this section, the "average actual cost of care" shall be determined by the Department in a biennial survey of at least four properly maintained cemeteries, each located in a different geographical region of the Commonwealth.

	IN THE COUNTIES OF:	NUMBER:
	Amherst
	St. Matthews Episcopal Church	3
	Augusta
	Bethel Presbyterian Church	33
	Glebe Burying Ground	11
	Mossy Creek Cemetery	6
	Augusta Stone Presbyterian Church	44
	Hebron Presbyterian Church	6
	Old Providence Presbyterian Church	20
	Rocky Spring Presbyterian Church	4
	St. John's Reformed Lutheran Church	4
	St. Peter's Lutheran Church	3
	Tinkling Springs Presbyterian Church	13
	Trinity Lutheran Church	8
	Botetourt
	Fincastle Presbyterian Church	28
	Campbell
	Callaway-Steptoe Cemetery	4
	Cobbs Hall Farm	3
	Concord Presbyterian Church	4
	Family Cemetery at Avoca	3
	Mount Airy Family Cemetery	3
	Haden Family Cemetery on Phillips Farm	3
	Hat Creek Presbyterian Church	3
	Clarke
	Old Chapel Churchyard	3
	Culpeper
	Culpeper Cemetery	3
	Masonic Cemetery	3
	Dinwiddie
	Sweden Plantation	3
	Floyd
	Pine Creek Cemetery	4
	Franklin
	Tanyard-Benard-Hill Cemetery	3
	Greenesville
	Robinson Family Cemetery	3
	Halifax
	Terry Family Cemetery	5
	Hanover
	Spring Grove Cemetery	5
	Henry
	Leatherwood Plantation	5
	Loudoun
	Ketoctin Cemetery	7
	Louisa
	Little River Baptist Church	3
	Nelson
	Cub Creek Road Cemetery	10
	Page
	Printz Family Cemetery	3
	Pittsylvania
	Buckler Family Cemetery	3
	Roanoke
	Walton Family Cemetery	3
	Rockingham
	Dayton Cemetery	3
	Old Peaked Mountain Church	30
	Russell
	Soloman Litton Hollow Cemetery	4
	Shenandoah
	St. Mary's Lutheran Church	7
	Tazewell
	Thompson Family Cemetery	4
	Washington
	Green Spring Church	6
	Sinking Spring Cemetery	9
	Wythe
	St. John's Lutheran Church	5
	St. Paul's Lutheran Church	4
	IN THE CITIES OF:
	Alexandria
	Christ Church Cemetery	8
	Old Presbyterian Meeting House	43
	Fairfax
	Fairfax City Cemetery	3
	Pohick Church Cemetery	3
	Washington Family Tomb	3
	Fredericksburg
	Fredericksburg Cemetery	5
	Masonic Cemetery	6
	St. George's Episcopal Church	3
	Lexington
	Stonewall Jackson Memorial Cemetery	19
	Washington and Lee University	3
	Lynchburg
	Old City Cemetery	3
	Newport News
	Warwick Burial Ground	3
	Norfolk
	St. Paul's Cemetery	3
	Portsmouth
	Cedar Grove	4
	Trinity Episcopal Church	5
	Richmond
	Hollywood Cemetery	4
	Shockoe Hill Cemetery	8
	St. John's Episcopal Church	4
	Rockbridge
	Falling Spring Presbyterian Church	6
	High Bridge Presbyterian Church	3
	New Providence Presbyterian Church	16
	Timber Ridge Cemetery	9
	Staunton
	Trinity Episcopal Church	17
	Williamsburg
	Bruton Parish Church	4
	Winchester
	Mount Hebron Cemetery	31
	Old Opequon Presbyterian Church	10

C. In addition to any sums that may be provided in favor of the associations as set forth in subsection B, the Director shall disburse funds at the same rate to VASSAR to fund its maintenance of no more than 4,050 additional Revolutionary War graves in the Commonwealth, as documented and certified by VASSAR and set forth in a list submitted annually to the Director.

In addition to funds that may be provided pursuant to subsection B, any D. Any of the associations and societies set forth in subsection B or C may apply to the Director for grants to perform extraordinary maintenance, renovation, repair, or reconstruction of any of their respective Revolutionary War cemeteries and graves and for the graves of Revolutionary War to erect and care for markers, memorials, and monuments to the memory of such soldiers and, sailors, and persons rendering service to the Patriot cause in the Revolutionary War. These grants shall be made from any appropriation made available by the General Assembly for such purpose or from the Revolutionary War Cemeteries and Graves Fund created pursuant to §10.1-2211.1:1. In making such grants, the Director shall give full consideration to the assistance available from the United States U.S. Department of Veterans Affairs, or other agencies, except in those instances where such assistance is deemed by the Director to be detrimental to the historical, artistic, or architectural significance of the site.

D. E. Local matching funds shall not be required for grants made pursuant to this section.

§10.1-2211.1:1. Revolutionary War Cemeteries and Graves Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Revolutionary War Cemeteries and Graves Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, all funds deposited in the Fund pursuant to subsection A of § 10.1-2211.1, and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set out in subsection D of §10.1-2211.1. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.