38-4-70. Cemeteries established; eligibility for interment.

(a) As used in this Code section, the term: (1) “Full term” means the length of service agreed to by an enlisted or commissioned person in the armed forces of the United States. (2) “Reserve component” means, with respect to the United States armed forces, the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Space Force Reserve, Coast Guard Reserve, Army National Guard, and Air National Guard. (b) The Department of Veterans Service is authorized to establish, operate, and maintain Georgia veterans cemeteries in this state; provided, however, that the Georgia veterans cemetery in existence on July 1, 2002, shall be known as the “Georgia Veterans Memorial Cemetery.” (c) The Department of Veterans Service has the primary responsibility for verifying eligibility for interment in a Georgia veterans cemetery. Eligibility criteria for interment in a Georgia veterans cemetery is as follows: (1) The same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto; or (2) The following individuals shall qualify for interment in a Georgia veterans cemetery pursuant to the federal Burial Equity for Guards and Reserves Act of 2021, provided such individuals completed a full term of service and became deceased on or after August 1, 1990: (A) A member of a reserve component whose service was terminated under honorable conditions; (B) A member of the Reserve Officers’ Training Corps of the Army, Navy, Air Force, or Space Force who died under honorable conditions while a service member; or (C) A spouse, minor child, or unmarried adult child of any service member described in paragraph (1) or (2) of this subsection. (d) The Department of Veterans Service is authorized to charge a fee for burial services in Georgia veterans cemeteries for each person being buried. Such fees may be based on the allowance paid for the burial of an eligible veteran in a national veterans cemetery or such other amount as the commissioner of veterans service determines is appropriate.