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Bill No. Estb of Veterans Memorial Cemetery (S. Sanes)

Bill No. Estb of Veterans Memorial Cemetery (S. Sanes)

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Published by: A Renewal of VI Politics on Sep 21, 2009
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09/20/2009

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COMMITTEE ON HOUSING, SPORTS AND VETERNASAFFAIRS
BILL NO.
28-0133
Twenty-Eighth Legislature of the Virgin Islands
August 19, 2009
An Act amending 3 V.I.C., to establish a Veterans Memorial Cemetery
PROPOSED BY:
Senator Sammuel Sanes
 
 Be it enacted by the Legislature of the Virgin Islands
:
1
SECTION 1
. Title 3 V.I.C., chapter 1, §8c., is amended to read as follows:2
8c.
 
Virgin Islands Veterans Memorial Cemetery
3(1)
 Established.
There is hereby created a Virgin Islands Memorial Cemetery.4(2)
Supervision by the Office of Veterans Affairs; powers and duties.
 
The5establishment, operation and maintenance of the Virgin Islands Veterans Memorial6Cemetery shall be under the supervision of the Office of Veterans Affairs which shall7have the following powers and duties:8(a) Select an appropriate site for the Cemetery, pursuant to subsection (3) of 9this section;10(b) Acquire, by transfer of title from another government agency, or by11purchase, grant,12
 
 2devise or contract, title to such real property as shall be suitable and necessary for the1establishment of the Cemetery;2(c) Apply for, receive, accept and expend any money, materials or other aid3granted or otherwise provided by local or federal governments or by any source, public or4private, in accordance with the terms thereof, for the establishment, operation or5maintenance of the Cemetery;6(d) Appoint and employ such persons as shall be needed for the proper7operation and maintenance of the Cemetery;8(e) Establish criteria for eligibility for burial in the Cemetery, and set fees for9the burial of immediate family members, pursuant to subsection (4) of this section,10 provided that there shall be no fee charged for any plot and the interment provided to any11eligible veteran or member of the armed forces;12(f) Promulgate rules and regulations, following public hearing, governing the13administration and operation of the Cemetery;14(g) Prepare an annual report on the operation of the Cemetery which shall be15presented to the Governor and to the Legislature; and16(h) Perform all other powers and functions necessary or appropriate to carry17out the purposes and policies of this chapter.18(3)
Selection of site.
The site of the Cemetery shall be determined by the Office19of Veterans Affairs with the approval of the Legislature. The site shall be convenient to20all veterans of the territory and shall meet the necessary standards and guidelines21established by the United States Administrator of Veterans Affairs for the location of 22“state-owned” veterans cemeteries. In selecting the site, preference shall be given to land23which is owned by the U.S. Government then the Territory. Land for the site may be24acquired by purchase only in the event suitable U.S. Government or Territory-owned land25is not available.26
 
 3(4)
 Eligibility for burial.
The following persons shall be eligible for burial in the1Cemetery:2(a) Any veteran or member of the armed forces of the United States who:3(1) Dies under honorable conditions while serving on active duty in an4armed force of the5United States; or6(2) Served as an active member of the armed forces of the United States7whose service8was terminated honorably; and is a resident of the U.S. Virgin Islands at the time of death9or had previously been a resident of the U.S. Virgin Islands for at least 10 years or was a10member of the Virgin Islands National Guard or a Reserve unit located within the Virgin11Islands for at least 20 years; provided, the rules promulgated by the Office of Veterans12Affairs shall make provision for waiving the 10-year residency requirement for13compelling reasons.14(b) Any member of the immediate family of a veteran or armed forces15member who qualifies for burial, subject to such fees as may be established by the Office16of Veterans Affairs. The Office of Veterans Affairs shall, by rule, specify members of 17the immediate family who shall be eligible for burial in the Cemetery;18(d) Persons who served honorably as a member of the National Guard or19Reserve Forces of the United States, who at the time of death was entitled to retirement20pay under 10 U.S.C., Chapter 67, or would have been entitled to retirement pay under21that chapter but for the fact that the person was under 60 years of age; and provided that22the Virgin Islands residency or National Guard or Reserve service requirements of 23subsection (4)(a)(2) of this section are met;24 25

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