Bill Text: VA HB1273 | 2014 | Regular Session | Introduced
Bill Title: Cemeteries & Gravesites of Virginians Held in Bondage, Advisory Commission to Protect; established.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-04 - Left in Agriculture, Chesapeake and Natural Resources [HB1273 Detail]
Download: Virginia-2014-HB1273-Introduced.html
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14104964D Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding sections numbered 10.1-2211.2 and 10.1-2211.3 as follows: §10.1-2211.2. Disbursement of funds appropriated for caring for cemeteries and graves. A. At the direction of the Director, the Comptroller shall draw annual warrants upon the State Treasurer from any sums that may be provided in the general appropriation act and as set forth in Subsection B, in favor of the treasurers of memorial associations created for the caring of graves of Virginians held as slaves at the time of their deaths or cemeteries containing such graves and included on a list developed by the Advisory Commission to Protect Cemeteries and Gravesites of Our Fellow Virginians Held in Bondage As Slaves as provided in § 10.1-2211.3. Such sums shall be expended by the associations for the routine maintenance of their respective cemeteries and graves and for the graves of Virginians held as slaves at the time of their deaths not otherwise cared for in other cemeteries, and in erecting and caring for markers, memorials, and monuments to the memory of such Virginians. Any memorial association receiving funds shall, through their proper officers, submit to the Director by July 15 of each year a statement certifying that the funds provided in the preceding fiscal year were expended for the routine maintenance of cemeteries and graves specified in this section and in erecting and caring for markers, memorials, and monuments to the memory of Virginians held as slaves at the time of their deaths. Any memorial association failing to comply with any of the requirements of this section shall be prohibited from receiving moneys allocated under this section for all subsequent fiscal years until such time as the memorial association fully complies with the requirements. B. Allocation of appropriations made pursuant to this section shall be based on the number of graves, monuments, and markers as set forth by the memorial associations as documented by each multiplied by the rate of $5 or the average actual cost of routine maintenance, whichever is greater, for each grave, monument, or marker in the care of a cemetery or association. For the purposes of this section, the "average actual cost of care" means the amount determined by the Department from a biennial survey of at least four properly maintained cemeteries, each located in a different geographical region of the Commonwealth. C. In addition to funds that may be provided pursuant to subsection B, any memorial association may apply to the Director for grants to perform extraordinary maintenance, renovation, repair, or reconstruction of any of their cemeteries and graves and for the graves of Virginians held as slaves at the time of their deaths. These grants shall be made from any appropriation made available by the General Assembly for such purpose. In making such grants, the Director shall give full consideration to the assistance available from the 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. Local matching funds shall not be required as a condition for any grant made pursuant to this section. E. The list of memorial associations and cemeteries developed by the Advisory Commission to Protect Cemeteries and Gravesites of Our Fellow Virginians Held in Bondage As Slaves pursuant to §10.1-2211.3 shall be published and updated by the Department on an annual basis. §10.1-2211.3. Advisory Commission to Protect Cemeteries and Gravesites of Our Fellow Virginians Held in Bondage As Slaves. A. The Advisory Commission to Protect Cemeteries and Gravesites of Our Fellow Virginians Held in Bondage As Slaves (the Commission) is established as an advisory commission, within the meaning of §2.2-2100, in the executive branch of state government. The purpose of the Commission shall be to develop a list of memorial associations that are responsible or have taken responsibility for the care of the graves of Virginians held as slaves at the time of their deaths or cemeteries containing such graves. The Commission shall have a total membership of 11 members that shall consist of four legislative members and seven nonlegislative citizen members. Members shall be appointed as follows: two members of the House of Delegates, to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; two members of the Senate, to be appointed by the Senate Committee on Rules; and seven nonlegislative citizen members, to be appointed at large by the Governor, subject to confirmation by the General Assembly. Nonlegislative citizen members of the Commission shall be citizens of the Commonwealth. Legislative members shall serve terms coincident with their terms of office or until their successors shall qualify. Nonlegislative citizen members shall serve for terms of four years. Staff support for the Commission shall be provided by the Department. All agencies of the Commonwealth shall provide assistance to the Commission, upon request. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. No House member shall serve more than four consecutive two-year terms, no Senate member shall serve more than two consecutive four-year terms, and no nonlegislative citizen member appointed by the Governor shall serve more than two consecutive four-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. The Commission shall elect a chairman and vice-chairman from among its membership. A majority of the members shall constitute a quorum. The meetings of the Commission shall be held at the call of the chairman or whenever the majority of the members so request. Legislative members of the Commission shall receive such compensation as provided in §30-19.12, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in §2.2-2813. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department. B. The Commission shall finish its work by December 31, 2014. The chairman shall submit to the Governor and the General Assembly an executive summary of the activity and work of the Commission no later than the first day of the 2015 Regular Session of the General Assembly. The executive summary shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. C. This section shall expire on July 1, 2015. |
