Bill Text: VA HB284 | 2018 | Regular Session | Chaptered
Bill Title: Historical African American cemeteries; owners and localities receiving funds.
Spectrum: Strong Partisan Bill (Democrat 25-2)
Status: (Passed) 2018-04-18 - Governor: Acts of Assembly Chapter text (CHAP0818) [HB284 Detail]
Download: Virginia-2018-HB284-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §10.1-2211.2 of the Code of Virginia is amended and reenacted as follows:
§10.1-2211.2. Disbursement of funds appropriated for caring for historical African American cemeteries and graves.
A. For purposes of this section:
"Historical African American cemetery" means a
cemetery that was established prior to January 1, 1900, for interments of
African Americans and is owned by a public body or qualified charitable
organization.
"Qualified charitable organization" means a
charitable corporation, charitable association, or charitable trust that has
been granted tax-exempt status under §501(c)(3) of the Internal Revenue Code
and whose primary purpose is the preservation of historical cemeteries and graves
or any person or locality that owns a historical African American cemetery.
B. At the direction of the Director, the Comptroller of the
Commonwealth shall draw an annual warrant upon the State Treasurer from any sum
that may be provided in the general appropriation act in favor of the treasurer
of a qualified charitable organization caring for any cemetery set forth
in this subsection. Such appropriations shall be allocated on the basis of the
number of graves, monuments, and markers in a cemetery of African Americans who
lived at any time between January 1, 1800, and January 1, 1900, the dates to be
determined by reference to grave markers or, at the discretion of the Director,
other historical records. Such number of graves, monuments, and markers, as set
forth opposite the cemetery name or as documented by the qualified
charitable organization, shall be multiplied by the rate of $5 or the
average actual cost of routine maintenance of a grave, monument, or marker,
whichever is greater, to determine the amount of the allocation. The Department
shall determine the average actual cost of routine maintenance of a grave,
monument, or marker in a biennial survey of at least four properly maintained
cemeteries, each located in a different geographical region of the
Commonwealth.
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IN THE COUNTY OF: |
NUMBER: |
|
|
Henrico |
|
|
|
East End Cemetery |
4,875 |
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IN THE CITY OF: |
NUMBER: |
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|
Richmond |
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|
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Evergreen Cemetery |
2,100 |
C. An organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery and its graves and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.
D. Each qualified charitable organization, through its
proper officer, shall after July 1 of each year submit to the Director a
certified statement that the funds appropriated to the organization during the
preceding fiscal year were or will be expended for the purposes set forth in
subsection C. No organization that fails to comply with any of the requirements
of this section shall receive moneys allocated under this section for any
subsequent fiscal year until the organization fully complies with the
requirements.
E. In addition to funds that may be provided pursuant to subsection B, any organization set forth in subsection B may apply to the Director for a grant to perform extraordinary maintenance, renovation, repair, or reconstruction of any of its historical African American cemeteries and graves. Such a grant shall be made from any appropriation made available by the General Assembly for such purpose.
F. Any locality may receive and hold funds drawn pursuant to subsection B on behalf of any qualified organization until such time as the organization is able to receive or utilize such funds. No local matching funds shall be required for any grants made pursuant to this section.
G. The owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B.
