About Bill -- Links
SENATE BILL NO. 70
INTRODUCED BY STANG S
BY REQUEST OF THE JOINT INTERIM SUBCOMMITTEE ON VETERANS' NEEDS
AN ACT CLARIFYING VETERANS' BURIAL LAWS; SUBSTITUTING THE TERM "INTERMENT" FOR THE TERM "BURIAL" TO PROVIDE BENEFITS FOR VETERANS WHOSE REMAINS ARE CREMATED; DEFINING THE TERM "RESIDENCE" FOR DETERMINING PAYMENT OF INTERMENT BENEFITS BY THE COUNTY OF RESIDENCE; PROVIDING FOR INTERMENT REIMBURSEMENT FOR A VETERAN WHO DIES AT A FEDERAL INSTITUTION OR AT A PRIVATE FACILITY; CLARIFYING THAT THE COUNTY OF RESIDENCE IS RESPONSIBLE FOR PAYING THE FIRST $30 OF THE COSTS FOR SHIPPING AND RAISING THE HEADSTONE ON A VETERAN'S GRAVE; AMENDING SECTIONS 10-2-501 AND 10-2-503, MCA; REPEALING SECTIONS 10-2-502 AND 10-2-505, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 10-2-501, MCA, is amended to read:
Burial Interment allowance for military veterans -- payment by county of residence -- veterans'
interment supervisor -- definitions. (1) The board of commissioners of each county in this state shall designate a person in
the county, preferably a veteran, as veterans' burial interment supervisor.
(2) The veterans'
burial interment supervisor shall cause to be decently interred the body or cremated remains of any
veteran who was a resident of the state of Montana at the time of death. In performing this duty, the veterans' burial
interment supervisor shall ensure that the desires of the veteran's personal representative or heirs are not violated. The
veterans' interment supervisor may not receive any compensation for duties performed in compliance with this part.
burial interment may not be made in any a burial grounds ground or cemetery or in any a portion of any a burial
grounds ground or cemetery used exclusively for the burial interment of pauper dead.
(4) A sum not to exceed $250 to defer
burial interment expenses must be paid by the county commissioners of the
veteran's county in which the veteran was a bona fide resident at the time of death of residence.
burial interment benefits are not available in the case of any a veteran whose personal representative or heirs
waive the benefits.
burial interment is of a resident of a Montana veterans' home, a sum not to exceed $250 to defer burial
interment expenses must be paid by the county commissioners of the veteran's county in which the veteran resided prior to
admittance to a Montana veterans' home of residence.
(7) If a veteran dies while temporarily absent from the state or county of residence, the provisions of this section apply
burial interment expenses not exceeding the amount specified in this section must be paid in the same manner as
provided in this section.
Whenever When a veteran dies at any public an institution of the state of Montana, other than a Montana veterans'
home, at a federal institution, or at a private facility and burial interment for any cause is not made in the veteran's county of
the former residence of the veteran, the officers of the state institution or facility shall provide the proper burial interment
prescribed in this section. The reimbursement for the expense of each burial interment may not exceed $250. The expense
must be paid by the veteran's county in which the veteran resided at the time of entry into the institution of residence.
A burial An interment may not be covered by any special or standing contract whereby under which the cost of burial
interment is reduced below the maximum amount fixed in this section, to the disparagement of proper interment.
(10) The veterans'
burial interment supervisor shall, upon request of the deceased veteran's next of kin or guardian
personal representative or heirs, assist in applying to the proper authority for a suitable headstone, as provided by act of
congress, and in placing the headstone on the veteran's grave. A sum not exceeding $70 The reimbursement costs for the
shipping and raising of the headstone may not exceed $70 and must be paid by the county commissioners of the veteran's
county in which the veteran was a resident of residence at the time of death. The expense must be audited and paid as
provided in this section for burial interment expenses.
The After payment of the first $30 from county funds, the county treasurer may withhold an amount of the county
total monthly remittance to the state treasurer equal to the actual cost paid, up to $40, for the shipping and raising of each
(12) As used in this part, the following definitions apply:
(a) "Interment" has the meaning provided in 37-19-101.
(b) "Residence" is determined as provided in 13-1-112. If the intent of the veteran regarding residence cannot be determined under 13-1-112, the costs of interment must be paid by the veteran's county of residence at the time of admittance into a Montana veterans' home, a state or federal institution, or a private facility."
Section 2. Section 10-2-503, MCA, is amended to read:
"10-2-503. Report of actions and expenses by
burial veterans' interment supervisor. It is the duty of the person
appointed as provided in 10-2-501 to cause the veteran to be buried interred as provided in this part, and he the veterans'
interment supervisor shall immediately report his the action to the clerk of the board of county commissioners, setting forth
all the facts, together with the veteran's name and rank, the last command to which the veteran belonged, so far as is known,
the date of death, the exact place of burial interment, and an itemized statement of the expenses incurred by reason of the
burial interment. The board of county commissioners may direct that additional information be kept in the book required to
be kept by the clerk of the board of county commissioners by 10-2-504."
Section 3. Repealer. Sections 10-2-502 and 10-2-505, MCA, are repealed.
Section 4. Effective date -- applicability. [This act] is effective on passage and approval and applies to claims filed on or after [the effective date of this act].
- END -
Latest Version of SB 70 (SB0070.ENR)
Processed for the Web on March 31, 1999 (2:37PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.
Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Prepared by Montana Legislative Services