HB 985: Veterans affairs; revise terms of eligibility for persons to be buried in Georgia veteran cemeteries

Georgia law currently sets eligibility rules for burial in state veterans cemeteries, largely mirroring federal rules for national cemeteries. This bill rewrites O.C.G.A. § 38-4-70 to update those rules. It aligns Georgia's eligibility for reserve component members and ROTC members with the federal Burial Equity for Guards and Reserves Act of 2021, requiring at least 24 months of honorable service after January 1, 1973, and covering spouses and children of qualifying service members. The bill also adds a new eligibility category for Georgians who served honorably with a Hmong Laotian special guerrilla unit alongside American forces during the Vietnam War (between February 28, 1961 and May 7, 1975) and were lawfully admitted as permanent residents. Their families must submit an affidavit and supporting documents. The bill gives the Veterans Service Board discretion to admit people in substantial but not complete compliance with the rules, applies federal criminal-offense burial bans to Georgia cemeteries, and directs burial fees to the state's general fund.

• Adds a new eligibility category letting Georgians who served in a Hmong Laotian special guerrilla unit during the Vietnam War be buried in Georgia veterans cemeteries, with required affidavits and documents.
• Updates eligibility for reserve component and ROTC members and their families to match the federal Burial Equity for Guards and Reserves Act of 2021, requiring 24 months of honorable service after January 1, 1973.
• Gives the Veterans Service Board or its designee discretion to approve burial for people who substantially, though not fully, meet the eligibility rules.
• Applies federal rules barring burial in national cemeteries for certain criminal offenses (38 U.S.C. § 2411) to Georgia veterans cemeteries as well.
• Directs that fees collected for burial services in Georgia veterans cemeteries be sent to the state's general fund instead of another account.
• Clarifies the definition of 'full term of service' to include a minimum 24 consecutive months for conscripted service members.

Veterans and their spouses, minor children, and unmarried adult children seeking burial in Georgia veterans cemeteries; members of military reserve components and ROTC; Hmong Laotian Vietnam War veterans living in Georgia and their surviving family members; and the Department of Veterans Service, which verifies eligibility and collects burial fees.

The bill would let a specific group of Vietnam War-era allies, Hmong Laotian guerrilla fighters who later became Georgia residents, be buried in state veterans cemeteries for the first time, while also tightening and clarifying documentation and service-length rules for reservists and ROTC members seeking the same benefit.

• Section 1 states legislative findings recognizing Hmong Laotian special guerrilla unit veterans of the Vietnam War and citing the federal Hmong Veterans Service Recognition Act of 2018.
• Section 2 revises O.C.G.A. § 38-4-70(a) to redefine 'full term of service' to include conscripted service of at least 24 consecutive months.
• Section 2 updates eligibility under paragraph (c)(2) for reserve component and ROTC members to require honorable service after January 1, 1973 and at least 24 months, per the federal Burial Equity for Guards and Reserves Act of 2021.
• Section 2 adds a new paragraph (c)(3) allowing burial for Hmong Laotian special guerrilla unit veterans who were Georgia residents, served between 1961 and 1975, and were lawfully admitted permanent residents, subject to submitting an affidavit, corroborating evidence, and naturalization documentation.
• Section 2 adds paragraph (c)(4) giving the Veterans Service Board discretion to approve burial for people in substantial but incomplete compliance with eligibility rules.
• Section 2 adds subsection (d) applying federal bans on burial for certain criminal offenses (38 U.S.C. § 2411) to Georgia veterans cemeteries.
• Section 2 revises the fee provision so that fees collected for burial services go to the state's general fund.
• Section 3 repeals conflicting laws.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 441
3. 2026-05-11House Date Signed by Governor (House)
4. 2026-04-07House Sent to Governor (House)
5. 2026-03-27Senate Passed/Adopted (Senate)
6. 2026-03-27Senate Third Read (Senate)
7. 2026-03-27Senate Taken from Table (Senate)
8. 2026-03-27Senate Tabled (Senate)

• Josh Bonner (R, HD-073)Primary sponsor
• Bill Hitchens (R, HD-161)
• William Werkheiser (R, HD-157)
• Danny Mathis (R, HD-133)
• Sandy Donatucci (R, HD-105)
• Brian Prince (D, HD-132)
• Ricky Williams (R, SD-025)

1. PassedHouse voteFebruary 5, 2026

   171 yea, 0 nay (2 not voting, 2 absent)

   Passage: House Vote #477

2. PassedSenate voteMarch 27, 2026

   26 yea, 22 nay (3 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #835

3. PassedSenate voteMarch 27, 2026

   48 yea, 0 nay (1 not voting, 5 absent)

   Passage: Senate Vote #850

• veterans cemeteries
• veterans affairs
• Hmong Laotian veterans
• military burial eligibility
• Georgia Department of Veterans Service