Statutes Text
Article - State Government
§9–906.
(a) (1) In this section the following words have the meanings indicated.
(2) “American braille tactile flag” means a tactile flag designed to allow blind people to experience the American flag, including a flag created by the Kansas Braille Transcription Institute.
(3) In this section and in § 9–907 of this subtitle, “eligible decedent” means:
(i) a veteran;
(ii) a qualified reserve member; or
(iii) an eligible spouse or dependent.
(4) “Eligible dependent” means:
(i) a child who meets the requirements stated in 38 C.F.R. § 38.620(e);
(ii) a parent who meets the requirements stated in 38 C.F.R. § 38.620(i); or
(iii) a parent or child related by blood, marriage, or adoption of a qualified reserve member.
(5) “Eligible spouse” means:
(i) a spouse who meets the requirements stated in 38 C.F.R. § 38.620(e); or
(ii) a spouse of a qualified reserve member.
(6) “Qualified reserve member” means a reserve component member who does not meet the requirements for burial at a national veterans’ cemetery but served other than dishonorably and completed the individual’s contractual obligation of service.
(7) “State veterans’ cemetery” means a cemetery that the Department establishes under this section.
(8) “Washington Cemetery” means the Civil War cemetery grounds authorized by Chapter 213 of the Acts of the General Assembly of 1870.
(b) The Department may establish one or more cemeteries in the State for the burial of eligible decedents as authorized by the Secretary.
(c) The Department may accept land, on behalf of the State or a political subdivision 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 Board of Public Works.
(d) (1) The Department shall maintain and supervise each State veterans’ cemetery.
(2) The Washington Cemetery shall be under the supervision of the Department.
(e) The Department shall provide a plot in a State veterans’ cemetery, without charge, to a veteran or a veteran’s eligible spouse or dependent who meets the requirements of this section.
(f) To qualify for a plot in a State veterans’ cemetery:
(1) the eligible decedent must be:
(i) a veteran who meets the requirements for burial at a national veterans’ cemetery;
(ii) a qualified reserve member; or
(iii) an eligible spouse or dependent who meets the requirements of this subsection; and
(2) if a qualified reserve member, the qualified reserve member must also have been a resident of the State:
(i) when the qualified reserve member entered the reserve component;
(ii) when the qualified reserve member died; or
(iii) for 2 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) (1) In a plot that is allotted to a veteran or a qualified reserve member, the Department shall bury:
(i) the veteran or qualified reserve member; and
(ii) any member of the immediate family who is an eligible spouse or dependent if the family member can be buried in a space above or below the veteran or qualified reserve member or in the next available plot.
(2) With each plot, the Department shall provide a grave liner at no cost for the veteran or the veteran’s eligible spouse or dependent.
(i) (1) Except as provided in paragraph (2) of this subsection, the Department may not charge a veteran or a veteran’s eligible spouse or dependent for burial.
(2) If the individual being buried is a qualified reserve member or a qualified reserve member’s eligible spouse or dependent, the Department shall collect at the time of burial a fee that is equal to the annual plot allowance established by the National Cemetery Administration.
(j) The Department shall designate a location for an American braille tactile flag to be placed in one or more State veterans’ cemeteries as authorized by the Secretary to honor members of the uniformed services, veterans, and other individuals in the State who are blind or visually impaired.
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