Bill No. Estb Of Veterans Memorial Cemetery (s. Sanes)

COMMITTEE ON HOUSING, SPORTS AND VETERNAS AFFAIRS

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:

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Senator Sammuel Sanes

Be it enacted by the Legislature of the Virgin Islands: SECTION 1. Title 3 V.I.C., chapter 1, §8c., is amended to read as follows: “8c. Virgin Islands Veterans Memorial Cemetery

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(1) Established. There is hereby created a Virgin Islands Memorial Cemetery.

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(2) Supervision by the Office of Veterans Affairs; powers and duties. The

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establishment, operation and maintenance of the Virgin Islands Veterans Memorial

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Cemetery shall be under the supervision of the Office of Veterans Affairs which shall

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have the following powers and duties:

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(a) Select an appropriate site for the Cemetery, pursuant to subsection (3) of this section; (b) Acquire, by transfer of title from another government agency, or by purchase, grant,

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devise or contract, title to such real property as shall be suitable and necessary for the

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establishment of the Cemetery;

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(c) Apply for, receive, accept and expend any money, materials or other aid

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granted or otherwise provided by local or federal governments or by any source, public or

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private, in accordance with the terms thereof, for the establishment, operation or

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maintenance of the Cemetery;

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(d) Appoint and employ such persons as shall be needed for the proper operation and maintenance of the Cemetery;

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(e) Establish criteria for eligibility for burial in the Cemetery, and set fees for

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the burial of immediate family members, pursuant to subsection (4) of this section,

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provided that there shall be no fee charged for any plot and the interment provided to any

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eligible veteran or member of the armed forces;

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(f) Promulgate rules and regulations, following public hearing, governing the administration and operation of the Cemetery; (g) Prepare an annual report on the operation of the Cemetery which shall be presented to the Governor and to the Legislature; and (h) Perform all other powers and functions necessary or appropriate to carry out the purposes and policies of this chapter.

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(3) Selection of site. The site of the Cemetery shall be determined by the Office

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of Veterans Affairs with the approval of the Legislature. The site shall be convenient to

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all veterans of the territory and shall meet the necessary standards and guidelines

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established by the United States Administrator of Veterans Affairs for the location of

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“state-owned” veterans cemeteries. In selecting the site, preference shall be given to land

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which is owned by the U.S. Government then the Territory. Land for the site may be

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acquired by purchase only in the event suitable U.S. Government or Territory-owned land

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is not available.

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(4) Eligibility for burial. The following persons shall be eligible for burial in the Cemetery: (a) Any veteran or member of the armed forces of the United States who: (1) Dies under honorable conditions while serving on active duty in an armed force of the United States; or (2) Served as an active member of the armed forces of the United States whose service

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was terminated honorably; and is a resident of the U.S. Virgin Islands at the time of death

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or had previously been a resident of the U.S. Virgin Islands for at least 10 years or was a

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member of the Virgin Islands National Guard or a Reserve unit located within the Virgin

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Islands for at least 20 years; provided, the rules promulgated by the Office of Veterans

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Affairs shall make provision for waiving the 10-year residency requirement for

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compelling reasons.

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(b) Any member of the immediate family of a veteran or armed forces

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member who qualifies for burial, subject to such fees as may be established by the Office

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of Veterans Affairs. The Office of Veterans Affairs shall, by rule, specify members of

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the immediate family who shall be eligible for burial in the Cemetery;

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(d) Persons who served honorably as a member of the National Guard or

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Reserve Forces of the United States, who at the time of death was entitled to retirement

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pay under 10 U.S.C., Chapter 67, or would have been entitled to retirement pay under

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that chapter but for the fact that the person was under 60 years of age; and provided that

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the Virgin Islands residency or National Guard or Reserve service requirements of

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subsection (4)(a)(2) of this section are met;

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(e) Merchant Marines who served between December 7, 1941 and August 15,

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1945 for a minimum period of 2 years and were honorably discharged or relieved from

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active duty. The minimum period of 2 years of active duty may be waived if: (1) Earlier

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release was granted because the individual was wounded or injured in the line of duty and

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rendered unfit for further service; or (2) the individual was released prior to 2 years of

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active duty for the convenience of the government.+

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(f) Burial in the Virgin Islands Veterans Memorial Cemetery shall be without regard to race, creed, color, sex or national origin.

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(5) Re-interment. The bodies of eligible persons previously buried in other

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locations may be reinterred in the Cemetery upon the request of anyone legally entitled to

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make such request; provided, that no cost shall be borne by the Territory other than that

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which would be incurred in an original burial.

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BILL SUMMARY This bill created the Virgin Islands Veterans Memorial Cemetery. Section 1 amends 3 V.I.C., chapter 1 by inserting a new §8c. Internal subsection (1) creates and established the Virgin Islands Veterans Memorial Cemetery;

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Internal subsection (2) mandates that the establishment, operation and

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maintenance of the Virgin Islands Veterans Memorial Cemetery shall be under the

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supervision of the Office of Veterans Affairs;

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Internal subsection (3), provides guidelines for the selection of a site for the Cemetery; Internal subsection (4), sets forth the eligibility requirements for burial in the Cemetery; and

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Internal subsection (5) provides for re-interment of eligible persons previously buried in other locations.

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BR09-0317 / March 16, 2009/ PFA

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