(A) For the purposes of this section:
(1) "State veterans' cemetery" means a cemetery that the department establishes under this section.
(2) "Immediate family" means those family members who are eligible for burial in a department national cemetery.
(B) The department may establish one or more cemeteries in the State for the burial of veterans and their immediate families.
(C) The department may accept land, in the name of the State, or otherwise acquire land for a state veterans' cemetery, if the department has the approval of:
(1) the governing body of the county where the state veterans' cemetery is to be located;
(2) the delegation in the General Assembly for the county where the state veterans' cemetery is to be located; and
(3) the Governor.
(D) The department shall maintain and supervise each state veterans' cemetery.
(E)(1) Subject to the limitations in this section, the department shall provide a plot in a state veterans' cemetery, without charge, to an applicant who meets the requirements of this section.
(2) In the order in which the department receives the applications for plots, the department shall allot a plot in the state veterans' cemetery that is closest to the residence of the veteran and has an available plot.
(F)(1) To qualify for a plot in a state veterans' cemetery, the applicant must be a veteran or a member of the immediate family of a veteran who meets the requirements of this subsection.
(2) The veteran must have an honorable discharge from the Armed Forces.
(3) The veteran must have been a resident of the State:
(a) when the veteran entered the Armed Forces;
(b) when the veteran or eligible family member died; or
(c) for five years, unless for a reason that the department finds compelling, the department waives the time period.
(G) To obtain a plot in a state veterans' cemetery, an applicant shall submit to the department an application on the form that the department provides.
(H) In a plot that is allotted to a veteran, the department shall bury:
(1) the veteran; and
(2) any member of the immediate family of the veteran if the family member can be buried in a space above or below the veteran.
(I)(1) The department shall bury the veteran without charge.
(2) For burial of a member of the immediate family, the department may:
(a) set a fee that does not exceed the cost of burial; or
(b) accept, from the social security burial allowance, an amount that does not exceed the cost of the burial.
(J) The department shall keep a registry of the graves of veterans who are buried in the state veterans' cemeteries.
HISTORY: 2001 Act No. 33, Section 1; 2008 Act No. 258, Section 1, eff June 4, 2008; 2014 Act No. 121 (S.22), Pt V, Section 7.BB.2, eff July 1, 2015; 2019 Act No. 26 (H.3438), Section 3, eff July 1, 2019.
Editor's Note
2019 Act No. 26, Section 4, provides as follows:
"SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations.
"(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs.
"(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval."
Effect of Amendment
The 2008 amendment, in subparagraph (F)(3)(b), added "or eligible family member"; and, in subparagraph (F)(3)(c), substituted "five years" for "twenty years".
2014 Act No. 121, Section 7.BB.2, in subsection (C)(3), substituted "Department of Administration" for "Budget and Control Board".
2019 Act No. 26, Section 3, in (A), substituted "For the purposes of" for "In"; in (C)(3), substituted "the Governor" for "the Department of Administration"; substituted "department" for "Division of Veterans Affairs" and "division" throughout the section; and made nonsubstantive changes.