SB23: Historical African American cemeteries and graves; qualified organization, eligibility for funding.
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:
"Fund" means the Historical African American Cemeteries and Graves Fund created pursuant to § 10.1-2211.3.
"Historical African American cemetery" means a cemetery that was established prior to January 1, 1900, for interments of African Americans.
"Qualified 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, or
any locality whose purpose for applying for funding pursuant to this section is
to maintain a neglected historical African American cemetery, or a portion
thereof, that is located within its jurisdictional bounds.
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 to the Department in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department on or before May 30 each year. 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 documented by the qualified 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. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Fund.
IN THE COUNTY OF:
NUMBER:
Arlington
Calloway Cemetery
29
Lomax Cemetery
66
Mount Salvation Cemetery
29
Buckingham
Stanton Family Cemetery
36
Henrico
East End Cemetery
4,875
Loudoun
African-American Burial Ground for the Enslaved at Belmont
44
Mt. Zion Old School Baptist Church Cemetery
33
Montgomery
Wake Forest Cemetery
40
Westview Cemetery
47
Pulaski
New River Cemetery
33
West Dublin Cemetery
44
IN THE CITY OF:
Alexandria
Baptist Cemetery of the African American Heritage Park
28
Contrabands and Freedmen Cemetery
631
Douglass Cemetery
83
Lebanon Union Cemetery
53
Methodist Protestant Cemetery
1,134
Penny Hill Cemetery
14
Charlottesville
Daughters of Zion Cemetery
192
Chesapeake
Cuffeytown Cemetery
52
Hampton
Bassette's Cemetery
212
Elmerton Cemetery
339
Good Samaritan Cemetery
37
Pleasant Shade Cemetery
29
Queen Street Cemetery
14
Tucker Family Cemetery
15
Union Street Cemetery
125
Harrisonburg
Newtown Cemetery
400
Martinsville
Matthews Cemetery
8
The People's Cemetery
178
Smith Street Cemetery
9
Portsmouth
Mt. Calvary Cemetery
266
Radford
Mountain View Cemetery
91
Richmond
Evergreen Cemetery
2,100
Suffolk
Oak Lawn Cemetery
468
C. In addition to any sum provided to a qualified organization as set forth in subsection B, the Director may disburse funds to any qualified organization to fund maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department and documented in the Department's cultural resources database. Funds disbursed under this subsection shall be disbursed at the rate set forth in subsection B.
D. A qualified organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery, associated graves, and graves certified by the Department and documented in the Department's cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.
E. Each qualified 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 D. 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.
F. In addition to funds that may be provided pursuant to
subsection B or C, any organization that receives funds pursuant to subsection
B or C 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. However, a locality that is eligible
for funding pursuant to subsection B or C may apply to the Director for such a
grant without having received funding pursuant to subsection B or C. A
locality's application for the grant shall not preclude another qualified
organization from applying for funding pursuant to subsection B or C for the
same cemetery or grave. Such a A grant made pursuant to
this subsection shall be made from any appropriation made available by the
General Assembly for such purpose or from the Fund.
G. Any locality may receive and hold funds drawn pursuant to subsection B or C 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.
H. The owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B or C.
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:
"Fund" means the Historical African American Cemeteries and Graves Fund created pursuant to § 10.1-2211.3.
"Historical African American cemetery" means a cemetery that was established prior to January 1, 1900, for interments of African Americans.
"Qualified 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, or
any locality whose purpose for applying for funding pursuant to this section is
to maintain a neglected historical African American cemetery, or a portion
thereof, that is located within its jurisdictional bounds.
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 to the Department in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department on or before May 30 each year. 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 documented by the qualified 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. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Fund.
IN THE COUNTY OF:
NUMBER:
Arlington
Calloway Cemetery
29
Lomax Cemetery
66
Mount Salvation Cemetery
29
Buckingham
Stanton Family Cemetery
36
Henrico
East End Cemetery
4,875
Loudoun
African-American Burial Ground for the Enslaved at Belmont
44
Mt. Zion Old School Baptist Church Cemetery
33
Montgomery
Wake Forest Cemetery
40
Westview Cemetery
47
Pulaski
New River Cemetery
33
West Dublin Cemetery
44
IN THE CITY OF:
Alexandria
Baptist Cemetery of the African American Heritage Park
28
Contrabands and Freedmen Cemetery
631
Douglass Cemetery
83
Lebanon Union Cemetery
53
Methodist Protestant Cemetery
1,134
Penny Hill Cemetery
14
Charlottesville
Daughters of Zion Cemetery
192
Chesapeake
Cuffeytown Cemetery
52
Hampton
Bassette's Cemetery
212
Elmerton Cemetery
339
Good Samaritan Cemetery
37
Pleasant Shade Cemetery
29
Queen Street Cemetery
14
Tucker Family Cemetery
15
Union Street Cemetery
125
Harrisonburg
Newtown Cemetery
400
Martinsville
Matthews Cemetery
8
The People's Cemetery
178
Smith Street Cemetery
9
Portsmouth
Mt. Calvary Cemetery
266
Radford
Mountain View Cemetery
91
Richmond
Evergreen Cemetery
2,100
Suffolk
Oak Lawn Cemetery
468
C. In addition to any sum provided to a qualified organization as set forth in subsection B, the Director may disburse funds to any qualified organization to fund maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department and documented in the Department's cultural resources database. Funds disbursed under this subsection shall be disbursed at the rate set forth in subsection B.
D. A qualified organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery, associated graves, and graves certified by the Department and documented in the Department's cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.
E. Each qualified 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 D. 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.
F. In addition to funds that may be provided pursuant to
subsection B or C, any organization that receives funds pursuant to subsection
B or C 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. However, a locality that is eligible
for funding pursuant to subsection B or C may apply to the Director for such a
grant without having received funding pursuant to subsection B or C. A locality's
application for the grant shall not preclude another qualified organization
from applying for funding pursuant to subsection B or C for the same cemetery
or grave. Such a A grant made pursuant to this subsection
shall be made from any appropriation made available by the General Assembly for
such purpose or from the Fund.
G. Any locality may receive and hold funds drawn pursuant to subsection B or C 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.
H. The owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B or C.
SENATE BILL NO. 23
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:
"Fund" means the Historical African American Cemeteries and Graves Fund created pursuant to § 10.1-2211.3.
"Historical African American cemetery" means a cemetery that was established prior to January 1, 1900, for interments of African Americans.
"Qualified 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, or any locality in which a historical African
American cemetery is located.
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 to the Department in the general appropriation act for the purpose of maintaining qualifying cemeteries and graves pursuant to this section. Any representative of a qualified organization desiring to receive funding from such appropriation for the maintenance of qualifying cemeteries and graves pursuant to this section shall submit an application to the Department on or before May 30 each year. 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 documented by the qualified 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. The Director shall deposit any appropriated funds that are not disbursed during the same fiscal year into the Fund.
IN THE COUNTY OF:
NUMBER:
Arlington
Calloway Cemetery
29
Lomax Cemetery
66
Mount Salvation Cemetery
29
Buckingham
Stanton Family Cemetery
36
Henrico
East End Cemetery
4,875
Loudoun
African-American Burial Ground for the Enslaved at Belmont
44
Mt. Zion Old School Baptist Church Cemetery
33
Montgomery
Wake Forest Cemetery
40
Westview Cemetery
47
Pulaski
New River Cemetery
33
West Dublin Cemetery
44
IN THE CITY OF:
Alexandria
Baptist Cemetery of the African American Heritage Park
28
Contrabands and Freedmen Cemetery
631
Douglass Cemetery
83
Lebanon Union Cemetery
53
Methodist Protestant Cemetery
1,134
Penny Hill Cemetery
14
Charlottesville
Daughters of Zion Cemetery
192
Chesapeake
Cuffeytown Cemetery
52
Hampton
Bassette's Cemetery
212
Elmerton Cemetery
339
Good Samaritan Cemetery
37
Pleasant Shade Cemetery
29
Queen Street Cemetery
14
Tucker Family Cemetery
15
Union Street Cemetery
125
Harrisonburg
Newtown Cemetery
400
Martinsville
Matthews Cemetery
8
The People's Cemetery
178
Smith Street Cemetery
9
Portsmouth
Mt. Calvary Cemetery
266
Radford
Mountain View Cemetery
91
Richmond
Evergreen Cemetery
2,100
Suffolk
Oak Lawn Cemetery
468
C. In addition to any sum provided to a qualified organization as set forth in subsection B, the Director may disburse funds to any qualified organization to fund maintenance and care of additional historical African American graves in the Commonwealth that have been certified by the Department and documented in the Department's cultural resources database. Funds disbursed under this subsection shall be disbursed at the rate set forth in subsection B.
D. A qualified organization receiving funds shall expend the funds for the routine maintenance of its historical African American cemetery, associated graves, and graves certified by the Department and documented in the Department's cultural resources database and the erection of and caring for markers, memorials, and monuments to the memory of such African Americans.
E. Each qualified 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 D. 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.
F. In addition to funds that may be provided pursuant to subsection B or C, any organization that receives funds pursuant to subsection B or C 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 or from the Fund.
G. Any locality may receive and hold funds drawn pursuant to subsection B or C 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.
H. The owner of a historical African American cemetery shall reasonably cooperate with a qualified organization that receives funds pursuant to subsection B or C.