Georgia 2025-2026 Regular Session

Georgia House Bill HB53 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 53/AP
2		-	House Bill 53 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Bonner of the 73
4		-	rd
5		-	, Cannon of the 172
6		-	nd
7		-	, Clark of the 100
8		-	th
9		-	, Ballard of
10		-	the 147
11		-	th
12		-	, Prince of the 132
13		-	nd
14		-	, and others
	1	+	25 LC 46 1224S
	2	+	The Senate Committee on Veterans, Military, and Homeland Security offered the
	3	+	following substitute to HB 53:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia
18		-	1
	6	+	To amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia1
19	7		Annotated, relating to Georgia veterans cemeteries, so as to allow certain persons to be2
20	8		buried in Georgia veterans cemeteries; to provide for definitions; to provide for fees; to3
21	9		provide for legislative findings; to provide for related matters; to repeal conflicting laws; and4
22	10		for other purposes.5
23	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	12		SECTION 1.7
25	13		The General Assembly finds the following:8
26	14		(1) At present, National Guard and other reserve component members of the United States9
27	15		armed forces, their spouses, and their children are generally not eligible to be buried in a10
28	16		national or state veterans cemetery;11
29	17		(2) The federal Burial Equity for Guards and Reserves Act of 2021 prohibits the12
30	18		Department of Veterans Affairs from establishing a condition for a federal cemetery grant13
31	19		that restricts the ability of states to bury certain reserve component members, their spouses,14
32	20		and their children at state owned veterans cemeteries solely because such individuals are15
33	21		ineligible for burial in a national veterans cemetery;16
34		-	H. B. 53
35		-	- 1 - 25 HB 53/AP
36		-	(3) Consequently, this state may authorize certain reserve component members, their
37		-	17
	22	+	- 1 - 25 LC 46 1224S
	23	+	(3) Consequently, this state may authorize certain reserve component members, their17
38	24		spouses, and their children to be buried at a Georgia veterans cemetery without the threat18
39	25		of loss of federal veterans burial grants;19
40	26		(4) Approximately 25 other states have revised their laws since the enactment of the20
41	27		federal Burial Equity for Guards and Reserves Act of 2021;21
42	28		(5) The Department of Veterans Affairs does not provide a plot allowance or marker for22
43	29		interment at Georgia veterans cemeteries; and23
44	30		(6) Legislation is needed to honor Georgians who honorably served in reserve components24
45	31		of the United States armed forces and their families and fees need to be charged for25
46	32		services provided.26
47	33		SECTION 2.27
48	34		Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated,28
49	35		relating to Georgia veterans cemeteries, is amended by revising Code Section 38-4-70,29
50	36		relating to cemeteries established and eligibility for interment, as follows: 30
51	37		"38-4-70.31
52		-	(a) As used in this Code section, the term:
53		-	32
	38	+	(a) As used in this Code section, the term:32
54	39		(1) 'Full term' means the length of service agreed to by an enlisted or commissioned33
55	40		person in the armed forces of the United States.34
56	41		(2) 'Reserve component' means, with respect to the United States armed forces, the Army35
57	42		Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Space Force Reserve,36
58	43		Coast Guard Reserve, Army National Guard, and Air National Guard.37
59	44		(a)(b) The Department of Veterans Service is authorized to establish, operate, and maintain38
60	45		Georgia veterans cemeteries in this state; provided, however, that the Georgia veterans39
61	46		cemetery in existence on July 1, 2002, shall be known as the 'Georgia Veterans Memorial40
62	47		Cemetery.'41
63		-	H. B. 53
64		-	- 2 - 25 HB 53/AP
	48	+	- 2 - 25 LC 46 1224S
65	49		(b)(c) The Department of Veterans Service has the primary responsibility for verifying42
66	50		eligibility for interment in a Georgia veterans cemetery. Eligibility criteria for interment43
67	51		in a Georgia veterans cemetery is as follows:44
68	52		(1) The the same as required for interment in a national cemetery as provided by federal45
69	53		law and rules and regulations applicable thereto; or46
70	54		(2) The following individuals shall qualify for interment in a Georgia veterans cemetery47
71	55		pursuant to the federal Burial Equity for Guards and Reserves Act of 2021, provided such48
72	56		individuals completed a full term of service and became deceased on or after August 1,49
73	57		1990:50
74	58		(A) A member of a reserve component whose service was terminated under honorable51
75	59		conditions;52
76	60		(B) A member of the Reserve Officers' Training Corps of the Army, Navy, Air Force,53
77	61		or Space Force who died under honorable conditions while a service member; or54
78	62		(C) A spouse, minor child, or unmarried adult child of any service member described55
79	63		in paragraph (1) or (2) of this subsection.56
80	64		(d) The Department of Veterans Service is authorized to charge a fee for burial services57
81	65		in Georgia veterans cemeteries for each person being buried. Such fees may be based on58
82	66		the allowance paid for the burial of an eligible veteran in a national veterans cemetery or59
83	67		such other amount as the commissioner of veterans service determines is appropriate."60
84	68		SECTION 3.61
85	69		All laws and parts of laws in conflict with this Act are repealed.62
86		-	H. B. 53
87	70		- 3 -