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§ 9-906. State veterans' cemeteries

West's Annotated Code of MarylandState GovernmentEffective: October 1, 2023

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 9. Miscellaneous Executive Agencies (Refs & Annos)
Subtitle 9. Department of Veterans Affairs (Refs & Annos)
Part I. Established (Refs & Annos)
Effective: October 1, 2023
MD Code, State Government, § 9-906
§ 9-906. State veterans' cemeteries
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Eligible dependent” means:
(i) a child who meets the requirements stated in 38 C.F.R. § 38.620(e); or
(ii) a parent who meets the requirements stated in 38 C.F.R. § 38.620(i).
(3) “Eligible spouse” means a spouse who meets the requirements stated in 38 C.F.R. § 38.620(e).
(4) “State veterans' cemetery” means a cemetery that the Department establishes under this section.
(5) In this section and in § 9-907 of this subtitle, “veteran” means an individual who:
(i) served other than dishonorably on active duty in the armed forces of the United States; or
(ii) served other than dishonorably as a member of the State militia ordered into active service of the United States by order of the President and was killed in the line of duty.
(6) “Washington Cemetery” means the Civil War cemetery grounds authorized by Chapter 213 of the Acts of the General Assembly of 1870.
Authorized
(b) The Department may establish one or more cemeteries in the State for the burial of veterans and their eligible spouse or dependents as authorized by the Secretary.
Acquisition of land
(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.
Maintenance and supervision
(d)(1) The Department shall maintain and supervise each State veterans' cemetery.
(2) The Washington Cemetery shall be under the supervision of the Department.
Allocation of plots
(e) The Department shall provide a plot in a State veterans' cemetery, without charge, to a veteran who meets the requirements of this section.
Qualifications of applicants
(f) To qualify for a plot in a State veterans' cemetery:
(1) the applicant must be a veteran who meets the requirements for burial at a national veterans' cemetery or an eligible spouse or dependent of a veteran who meets the requirements of this subsection; and
(2) if a veteran, the veteran must also have been a resident of the State:
(i) when the veteran entered the armed forces;
(ii) when the veteran died; or
(iii) for 2 years, unless, for a reason that the Department finds compelling, the Department waives the time period.
Application
(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.
Burial
(h)(1) In a plot that is allotted to a veteran, the Department shall bury:
(i) the veteran; and
(ii) any member of the immediate family who is an eligible spouse or dependent of the veteran if the family member can be buried in a space above or below the veteran or in the next available plot.
(2) With each plot, the Department shall provide a grave liner at no cost for the veteran or eligible spouse or dependent.
Fees
(i) The Department shall bury the veteran or eligible spouse or dependent without charge.

Credits

Added as State Government § 9-913 by Acts 1984, c. 284, § 1, eff. Oct. 1, 1984. Amended by Acts 1986, c. 718, § 1, eff. May 27, 1986; Acts 1993, c. 95, § 1, eff. Oct. 1, 1993; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1999, c. 124, § 1, eff. Oct. 1, 1999; Acts 1999, c. 125, § 1, eff. Oct. 1, 1999; Acts 2001, c. 543, § 1, eff. July 1, 2001. Renumbered as State Government § 9-906 by Acts 2006, c. 238, § 1, eff. June 1, 2006. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2006, c. 238, § 1, eff. June 1, 2006; Acts 2007, c. 5, § 1, eff. March 22, 2007; Acts 2010, c. 29, § 1, eff. Oct. 1, 2010; Acts 2023, c. 615, § 1, eff. Oct. 1, 2023; Acts 2023, c. 616, § 1, eff. Oct. 1, 2023.
Formerly Art. 96 ½, § 19.
MD Code, State Government, § 9-906, MD STATE GOVT § 9-906
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document