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COMMITTEE REPORT
April 11, 2001
H. 3287
Introduced by Reps. White, Barrett, J. Brown, Cato, Clyburn, Coates, Cobb-Hunter, Cooper, Harrell, Harrison, Hinson, Hosey, Kelley, Klauber, Martin, McCraw, Owens, Phillips, Rice, Robinson, Sharpe, Sinclair, Stille, Talley, Taylor, Thompson, Townsend, Trotter, Webb and Wilder
S. Printed 4/11/01--H.
Read the first time January 18, 2001.
To whom was referred a Bill (H. 3287) to amend the Code of Laws of South Carolina, 1976, by adding Section 25-11-80 so as to authorize the Department of Veterans Affairs to establish one or more State Veterans' Cemetaries, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 25-11-80. (A) In this section:
(1) 'state veterans' cemetery' means a cemetery that the Division of Veterans Affairs establishes under this section; and
(2) 'immediate family' means those family members who are eligible for burial in a Department of Veterans' Affairs national cemetery.
(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.
(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."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
The Office of Veterans Affairs within the Governor's Office estimates that to establish and operate one cemetery will cost approximately $448,300 in annual operating costs and $700,000 for the purchase of seventy acres of land. Annual operating cost of $386,132 represents the salaries and employer contributions for fifteen new administrative, maintenance and grounds keeper positions. The remaining operating cost of $62,168 is for the maintenance of facilities and gravesites.
According to the Office of Veterans' Affairs, the state will also have to provide an additional $600,000 (10% match) of one-time funds toward the site development of the cemetery, which will provide approximately 16,700 gravesites. The Federal government will reimburse the state this $600,000 as part of a $6 million appropriation for site development and construction of facilities on the cemetery grounds.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-80 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 MUST 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 25-11-80. (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.
(D) 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.
(E) The division shall maintain and supervise each state veterans' cemetery.
(F)(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.
(G)(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.
(H) 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.
(I) 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.
(J)(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.
(K) The division shall keep a registry of the graves of veterans who are buried in the state veterans' cemeteries.
(L) 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. This act takes effect upon approval by the Governor.
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