1999 Montana Legislature

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SENATE BILL NO. 70

INTRODUCED BY STANG S

BY REQUEST OF THE JOINT INTERIM SUBCOMMITTEE ON VETERANS' NEEDS

Montana State Seal

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:

     "10-2-501.  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.

     (3)  The 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.

     (5)  The burial interment benefits are not available in the case of any a veteran whose personal representative or heirs waive the benefits.

     (6)  Whenever 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 and the burial interment expenses not exceeding the amount specified in this section must be paid in the same manner as provided in this section.

     (8)  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.

     (9)  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.

     (11) 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 headstone.

     (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].

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