House Bill 1001

(As Sent to Governor)

AN ACT TO AMEND SECTION 35-1-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE VETERANS AFFAIRS BOARD TO PROVIDE INTERMENTS IN THE VETERANS CEMETERIES UNDER THE FEDERAL BURIAL EQUITY FOR GUARDS AND RESERVES ACT; TO SPECIFY THE INDIVIDUALS WHO ARE ELIGIBLE FOR INTERNMENT UNDER THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 35-1-41, Mississippi Code of 1972, is amended as follows:

35-1-41. (1) (a) The State Veterans Affairs Board is authorized to establish, operate and maintain a Mississippi veterans cemetery in this state, which shall be known as the "Mississippi Veterans Memorial Cemetery."

(b) The State Veterans Affairs Board is authorized to establish, operate and maintain additional veterans cemeteries in this state.

(2) The State Veterans Affairs Board has the primary responsibility for verifying eligibility for interment in the veterans cemeteries. Eligibility criteria for interment in the cemeteries is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto and in subsection (6) of this section.

(3) The cemeteries shall be under the control and administration of the State Veterans Affairs Board.

(4) Applications for interment in the cemeteries shall be processed in accordance with rules and regulations promulgated by the State Veterans Affairs Board.

(5) The State Veterans Affairs Board is designated as the agency of this state to receive federal aid under Title 38 USCS, as amended, and is authorized to receive funds from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating and maintaining veterans cemeteries. The board is authorized to receive gifts, contributions, bequests and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the board pursuant to this subsection shall be deposited into a special fund, hereby created and known as the "Mississippi Veterans Cemetery Fund," and shall be expended to establish, operate and maintain veterans cemeteries in this state. The State Veterans Affairs Board is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this section.

(6) The State Veterans Affairs Board may provide interments in the veterans cemeteries under the federal Burial Equity for Guards and Reserves Act. All costs associated with the interment shall be paid by the individual(s) submitting an application unless federal or state aid is specifically provided. Applications for interment in the cemeteries shall be processed in accordance with rules and regulations promulgated by the board. Individuals who are eligible for internment under this subsection include:

(a) Any member of a reserve component of the Armed Forces who was discharged or released from service under conditions other than dishonorable or whose death occurs under conditions other than dishonorable while a member of the reserve component;

(b) Any member of the Army National Guard or the Air National Guard who was discharged or released from service under conditions other than dishonorable while a member of the Army National Guard or the Air National Guard;

(c) Any member of the Reserve Officers' Training Corps (ROTC) of the Army, Navy or Air Force whose death occurs under conditions other than dishonorable while a member of the ROTC;

(d) Any spouse of any member described above in this subsection; and

(e) Any minor child or unmarried adult child, as defined in 38 USC Section 2402 (a)(5) of the individuals described above in this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.