Current Status Bill Number:3421 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950131 Primary Sponsor:Keegan All Sponsors:Keegan, Kelley, Martin, Worley, Thomas and Witherspoon Drafted Document Number:pt\1560sd.95 Residing Body:Senate Current Committee:General Committee 08 SG Date of Last Amendment:19950517 Subject:Veterans' cemeteries
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950518 Introduced, read first time, 08 SG
referred to Committee
House 19950518 Read third time, sent to Senate
House 19950517 Amended, read second time
House 19950511 Committee report: Favorable with 27 H3M
amendment
House 19950131 Introduced, read first time, 27 H3M
referred to Committee
View additional legislative information at the LPITS web site.
AMENDED
May 17, 1995
H. 3421
Introduced by REPS. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon
S. Printed 5/17/95--H.
Read the first time January 31, 1995.
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.
Amend Title To Conform
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 Division of Veterans Affairs establishes under this section.
(B) The division may establish one or more cemeteries in the State for the burial of veterans and their immediate families.
(C) The division may accept land, in the name of the State, or otherwise acquire land for a state veterans' cemetery, if the division 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 division shall give priority to land that is near a national memorial battle site. The division 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 division shall maintain and supervise each state veterans' cemetery.
(E) (1) Subject to the limitations in this section, the division 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 division receives the applications for plots, the division 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 division finds compelling, the division waives the time period.
(G) To obtain a plot in a state veterans' cemetery, an applicant shall submit to the division an application on the form that the division provides.
(H) In a plot that is allotted to a veteran, the division 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 division shall bury the veteran without charge.
(2) For burial of a member of the immediate family, the division 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 division 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 division for the acquisition and construction of state veterans' cemeteries."
SECTION 2. The Division of Veterans' Affairs is directed to study the feasibility of establishing a veterans' cemetery in the Midlands and Piedmont areas of the State. The division must report its findings to the General Assembly by May 15, 1996.
SECTION 3. This act takes effect upon approval by the Governor.