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SB 1888

Cemeteries - As introduced, clarifies eligibility and required documentation for interment in state veterans' cemeteries for military service members and veterans, including certain members of a reserve component of the armed forces of the United States, the army national guard, or the air national guard, and spouses and children of such service members and veterans. - Amends TCA Title 46, Chapter 6.

114th Regular Session (2025-2026)

Expands Tennessee state veterans’ cemetery eligibility to certain reserve-component members and their families, with no interment fees for new eligible burials.

Pub. Ch. 839
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Bill Summary · SB 1888

Legislative Summary — SB 1888 (HB 1635)

Session: 114 (Tennessee) | Jurisdiction: Tennessee | Topic: State veterans' cemeteries

This summary outlines the main purpose, key provisions, affected parties, and procedural/timeline aspects of the bill as introduced and amended.

Purpose and Intent

  • Expand eligibility for interment in Tennessee state veterans’ cemeteries.
  • Specifically extend interment eligibility to certain members of the U.S. reserve components, including the Army National Guard and Air National Guard.
  • Clarify acceptable documentation for proving eligibility and adjust interment-fee rules to align with current practice.

Key Provisions

1) Eligibility for Interment (46-6-105, amended)

  • An individual is eligible for interment in a state veterans’ cemetery if they:
    • Meet the eligibility criteria in 38 U.S.C. § 2402; or
    • Were a member of a U.S. reserve component (including Army National Guard and Air National Guard) who:
    • Was discharged or released under honorable conditions, and
    • Completed the contracted term of service, excluding time served in the Individual Ready Reserve (IRR) or Inactive National Guard.
  • For those eligible under the reserve-component criterion, eligibility for interment extends to their spouse, surviving spouse, minor child, and dependent incapacitated child, determined under 38 U.S.C. § 2402.

2) Documentation for Eligibility Verification

  • The Department of Veterans Services (DVS) must accept the following as proof of service and character of discharge:
    • NGB Form 22
    • NGB Form 438 or 439
    • DD Form 214
    • DD Form 256, 256A, or 257
    • Most recent discharge orders from the relevant service
    • Any other official document meeting 38 CFR 3.203 requirements

3) Federal Funding Considerations

  • Implementation cannot jeopardize receipt of federal funds for state cemeteries.
  • The bill aligns with federal eligibility criteria and notes that certain newly eligible individuals may not qualify for federal grants; state costs would be absorbed by Tennessee (DVS).

4) Interment Fees (46-6-107, amended)

  • The bill repeals and redefines interment-fee provisions:
    • The state may not charge an interment fee for:
    • A veteran eligible under 46-6-105(a)(1)(A)
    • A reserve-component member eligible under 46-6-105(a)(1)(B)
    • The most recent spouse of an eligible individual
    • A minor child or dependent incapacitated child of such an individual
    • In effect, the bill prohibits DVS from charging interment fees for the burial of newly eligible individuals (spouses and eligible family members).

5) Miscellaneous

  • Section headings are for reference only.
  • Effective date: Upon becoming law (public welfare requiring it).

Affected Parties and Impacts

  • Eligible Individuals: Veterans, reserve-component members (including Army National Guard and Air National Guard) who completed their contracted term under honorable conditions; their spouses and eligible dependent children.
  • Families: Spouses, surviving spouses, minor children, and dependent incapacitated children of eligible service members.
  • State Agency: Tennessee Department of Veterans Services (DVS) — responsible for implementing eligibility verification, documentation standards, and interment-fee policy. No anticipated increase in state revenue; costs are estimated but anticipated to be absorbed by DVS for newly eligible interments.
  • Federal Funding Considerations: Federal grant funding for broadened interments may not apply; the bill ensures compatibility with existing federal rules, avoiding jeopardy to federal funds.

Fiscal and Timeline Notes

  • Fiscal impact estimates (general fund) for the amended bill:
    • FY 2026-27: approximately $19,500
    • FY 2027-28: approximately $30,100
    • FY 2028-29 and subsequent: approximately $42,100
  • Assumptions: Based on per-burial costs (operational $978 + headstone $525 = $1,503) and projected annual interments (13 in FY26-27; 20 in FY27-28; 28 in FY28-29+). The federal grant framework is preserved where applicable; Tennessee bears costs for the newly eligible group.
  • Legislative action timeline (from official actions):
    • Introduced in 2026; Senate passage on Feb 23, 2026; House amendments and concurrence in April 2026.
    • Signed by House Speaker and Senate Speaker on April 16, 2026; enrolled for signatures and final enactment.

Summary

SB 1888 (HB 1635) broadens interment eligibility in Tennessee state veterans’ cemeteries to include certain reserve-component members (including Army National Guard and Air National Guard) who completed their service honorably, along with their spouses and eligible dependents. It standardizes proof of service documents, ensures no jeopardy to federal funding, and eliminates interment fees for newly eligible individuals. The bill is designed to be implemented within current DVS capacity and aligns Tennessee law with widely recognized federal eligibility criteria.

Compiled from official sources — confirm details with the bill’s official record.

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