HB985: HB985 Veterans affairs; revise terms of eligibility for persons to be buried in Georgia veteran cemeteries
Last action May 11, 2026 · Effective Date 2026-07-01
House Bill 985 expands who can be buried in Georgia's state veterans cemeteries, adding surviving Hmong Laotian guerrilla unit members who served alongside American forces during the Vietnam War, and excludes people barred from national veterans cemeteries for certain crimes.
In plain language
Georgia law (O.C.G.A. § 38-4-70) sets eligibility rules for burial in state-run Georgia veterans cemeteries, generally mirroring the rules for national veteran cemeteries and federal laws covering reservists and ROTC members. This bill adds a new eligible group: Georgia residents who served honorably with a Hmong Laotian special guerrilla unit supporting U.S. forces between February 28, 1961 and May 7, 1975, and who were lawfully admitted to the United States as permanent residents. Their family members must submit an affidavit describing the person's service along with any corroborating witness statements, official documentation, and naturalization records. The bill also updates references to current federal law on reservist burial eligibility, adds Space Force Reserve and Space Force ROTC members to the list of covered service members, and imports the federal ban on burying people convicted of certain serious crimes (38 U.S.C. Section 2411) into Georgia's cemetery rules. It keeps existing language letting the Veterans Service Board approve burial for people who substantially, but not completely, meet the eligibility rules, and preserves the department's authority to charge burial fees.
What the bill does
- Adds Hmong Laotian special guerrilla unit veterans who were Georgia residents and lawfully admitted permanent residents as a new category eligible for burial in Georgia veterans cemeteries.
- Requires a family member seeking this new eligibility to submit an affidavit plus any corroborating witness statements, service documentation, and naturalization paperwork to the Department of Veterans Service.
- Imports the federal prohibition on burying people convicted of certain serious crimes (38 U.S.C. Section 2411) into the rules for Georgia veterans cemeteries.
- Updates the definitions section to add Space Force Reserve and Space Force ROTC members alongside existing reserve and ROTC categories.
- Keeps the Veterans Service Board's existing discretion to approve burial for people whose circumstances substantially but not completely meet the eligibility requirements.
- Retains the Department of Veterans Service's authority to charge burial fees, with proceeds going to the state's general fund.
Who it affects
Surviving family members of Hmong Laotian guerrilla unit veterans living in Georgia, the Department of Veterans Service and the Veterans Service Board who administer eligibility and fees, and more broadly veterans, reservists, and ROTC members and their spouses and children seeking burial in Georgia veterans cemeteries.
Why it matters
Families of Hmong Laotian veterans who fought alongside American forces during the Vietnam War would gain a documented path to have their loved ones buried in a Georgia veterans cemetery, provided they submit the required affidavits and records to the state Department of Veterans Service.
Key provisions
- Section 1 states legislative findings recognizing Hmong Laotian guerrilla unit veterans who fought alongside American troops and notes federal law already allows their burial in national cemeteries.
- Section 2 revises O.C.G.A. § 38-4-70(a) to update the definition of reserve component to include the Space Force Reserve.
- Section 2 revises subsection (c)(2) to update the cross-reference to the federal Burial Equity for Guards and Reserves Act of 2021 and add Space Force ROTC members.
- Section 2 adds new subsection (c)(3) creating eligibility for Hmong Laotian special guerrilla unit veterans who were Georgia residents, listing the affidavit and documentation requirements a family member must submit.
- Section 2 keeps subsection (c)(4) allowing the Veterans Service Board or its designee to approve burial for people in substantial but incomplete compliance with eligibility rules.
- Section 2 adds new subsection (d) applying the federal ban on burial for certain criminal convictions (38 U.S.C. Section 2411) to Georgia veterans cemeteries.
- Section 2 retains the department's authority to charge burial fees, with collected funds sent to the state's general fund.
- Section 3 repeals conflicting laws.
Status timeline
- Effective Date 2026-07-01
- Act 441
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
Show full history (17 actions)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Josh Bonner (R, HD-073)
- 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)
Votes
- House voteFebruary 5, 2026
171 yea, 0 nay (2 not voting, 2 absent)
- Senate voteMarch 27, 2026
26 yea, 22 nay (3 not voting, 3 absent)
- Senate voteMarch 27, 2026
48 yea, 0 nay (1 not voting, 5 absent)
Topics
- veterans cemeteries
- veterans affairs
- Hmong Laotian veterans
- military burial eligibility