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2018 SESSION
18102201DPatrons-- McQuinn, Adams, D.M., Adams, L.R., Aird, Ayala, Bagby, Bourne, Boysko, Carr, Carter, Delaney, Filler-Corn, Gooditis, Hope, Hurst, Jones, J.C., Keam, Mullin, Murphy, Plum, Ransone, Rodman, Roem, Simon, Toscano, Tyler and Watts; Senators: Locke and McClellan
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.
IN THE COUNTY OF: |
NUMBER: |
|
Henrico |
|
|
East End Cemetery |
4,875 |
|
IN THE CITY OF: |
NUMBER: |
|
Richmond |
|
|
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 not unreasonably withhold from a qualified organization that receives funds pursuant to subsection B access to such cemetery.