Current Status Introducing Body:House Bill Number:3997 Primary Sponsor:Keegan Committee Number:27 Type of Legislation:GB Subject:Veterans' cemeteries Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:CYY/15455SD.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Keegan Kelley Witherspoon Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3997 House 19930414 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 25-11-75. (A) In this section, `State veterans' cemetery' means a cemetery that the Department of Veterans Affairs establishes under this section.
(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 Budget and Control Board.
In selecting a location for a proposed state veterans' cemetery, the department shall give priority to land that is near a national memorial battle site. The department may also accept or purchase land from the federal government which formerly contained military bases now closed for the purpose of locating a state veterans' cemetery thereon.
(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 died; or
(c) for twenty 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.
(K) The General Assembly in the annual general appropriations act or in a state capital improvement bond bill shall provide funding to the department for the acquisition and construction of state veterans' cemeteries."
SECTION 2. This act takes effect upon approval by the Governor.