State Government – Veterans – Burial at State Veterans’ Cemeteries (Burial Equity Act)
Summary
HB138, the Burial Equity Act, expands who may be buried in a Maryland State veterans’ cemetery. It adds members of the National Guard and the military reserve components to the categories of people eligible for burial, and it also recognizes certain service in the commissioned corps of the U.S. Public Health Service and the National Oceanic and Atmospheric Administration as qualifying veteran service for cemetery burial purposes. The bill also removes a residency requirement that previously applied to some veterans, while retaining a limited residency test for National Guard and reserve component members unless the Department of Veterans and Military Families waives it for a compelling reason.
The bill further changes how burial costs are handled. Under current law, burial in a State veterans’ cemetery is generally provided without charge; HB138 creates a new fee for National Guard and reserve component members, and for their eligible dependents, equal to the annual plot allowance established by the National Cemetery Administration. The act takes effect July 1, 2025, and amends Section 9-906 of the State Government Article governing eligibility and burial procedures at State veterans’ cemeteries.
Impact
HB138 amends Maryland State Government § 9-906 to broaden eligibility for burial in State veterans’ cemeteries, revise the definition of “veteran,” eliminate a general residency requirement for some veterans, and establish a burial fee for National Guard, reserve component members, and their eligible dependents. The bill affects the Department of Veterans and Military Families’ administration of cemetery burial eligibility and fee collection, and it changes the rights and costs for service members and families seeking burial in State-run veterans’ cemeteries.
Sentiment
The bill appears to have been broadly supported. It passed the House on third reading with 131 yeas and 0 nays, indicating unanimous support among voting members. The committee report was favorable with amendments, suggesting the concept was well received while still receiving technical or policy refinement during committee review.
Contention
The main policy issue in HB138 is equity in access to burial benefits versus the introduction of a new fee for some newly eligible groups. Supporters likely viewed the bill as correcting an inconsistency by extending burial eligibility to National Guard and reserve component members and by recognizing additional uniformed service. The most notable point of contention, if any, is the bill’s decision to charge a burial fee for National Guard, reserve component members, and their eligible dependents, which differs from the general no-charge rule for other eligible veterans and family members. The residency requirement change is another potential issue, though the bill preserves a limited residency test for reserve component members with a waiver option.