Bill Text: DE HB170 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 20 Of The Delaware Code Relating To Eligibility For Burial In The Delaware Veterans Memorial Cemetery.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-21 - Stricken [HB170 Detail]
Download: Delaware-2015-HB170-Draft.html
SPONSOR: |
Rep. Jaques & Sen. Ennis |
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Reps. Baumbach, Briggs King, Collins, Gray, Heffernan, Hudson, Lynn, Mitchell, Osienski, Paradee, Potter, Ramone, B. Short, D. Short; Sens. Hocker, Lopez, McBride, Pettyjohn |
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 170 |
AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR BURIAL IN THE DELAWARE VETERANS MEMORIAL CEMETERY. |
Section 1. Amend Title 20, §1204 of the Delaware Code by making deletions as shown by strike though and insertions as shown by underline as follows:
§ 1204 Eligibility for burial.
(a) The
following persons shall be eligible for burial in the Cemetery: Eligibility
for interment in a state veterans' cemetery is established by the U.S.
Department of Veterans Affairs, National Cemetery Administration (NCA Directive
3210). The Commission may impose a residency requirement for interment in the
Delaware Veterans Memorial Cemetery.
(1) Any
veteran or member of the armed forces of the United States (Army, Navy, Air
Force, Marine Corps and Coast Guard) who:
a. Dies
under honorable conditions while serving on active duty in an armed force of
the United States; or
b. Served
as an active member of the armed forces of the United States whose service was
terminated honorably; and is a resident of Delaware at the time of death or had
previously been a resident of Delaware for at least 10 years or was a member of
the Delaware National Guard or a reserve unit located within Delaware for at
least 20 years; provided, the rules promulgated by the Commission shall make
provision for waiving the 10-year residency requirement for compelling reasons;
(2) Any
member of the immediate family of a veteran or armed forces member who
qualifies for burial, subject to such fees as may be established by the
Commission. The Commission shall, by rule, specify members of the immediate
family who shall be eligible for burial in the Cemetery;
(3) This
section shall also apply to persons who served honorably as a member of the
National Guard or reserve forces of the United States, who at the time of death
was entitled to retired pay under Chapter 67 of Title 10 U.S.C. or would have
been entitled to retired pay under that chapter but for the fact that the
person was under 60 years of age; and provided that the Delaware residency or
National Guard or reserve service requirements of paragraph (a)(1)b. of this
section are met;
(4) The
bodies of eligible persons previously buried in other locations may be
reinterred in the Cemetery upon the request of anyone legally entitled to make
such request; provided, that no cost shall be borne by the State other than
that which would be incurred in an original burial.
(b) There shall be no fee charged for any plot and the interment provided to any eligible veteran or member of the armed forces of the United States. The Commission may establish reasonable fees for burial of members of the immediate family of a veteran or armed forces member.
(c) Burial in the Delaware Veterans Memorial Cemetery shall be without regard to race, creed, color, sex or national origin.
(d) This
section shall also apply to Merchant Marines who qualify as veterans under §
8720 of Title 29.
SYNOPSIS
The eligibility criteria for interment at the veterans' cemetery are not current.This bill makes Delaware consistent with the National Cemetery Administration (NCA) Directive 3210 dated January 18, 2011.NCA requires that a state cemetery be fully compliant with the directive. A state may impose a residency requirement, but abide by all other aspects of the law, or risk loss of funding. |