Cemeteries - As enacted, 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 arm, the official text

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      State f/Jellfl&Ssee

                             PUBLIC CHAPTER NO. 839

                                                    SENATE BILL NO. 1888

                                               By Johnson, Massey, Powers

                                           Substituted for: House Bill No. 1635

         By Lamberth, Cochran, Moon, Powers, Miller, Faison, Keisling, Gant, Boyd, Garringer,
 Helton-Haynes, Rudder, Wright, Fritts, McCalmon, Leatherwood, Lankford, Chism, Butler, Farmer,

   Greg Martin, Camper, Doggett, Brock Martin, Davis, Sherrell, Parkinson, Capley, Stinnett, Hale,
                              Vital, Pearson, Howell, Eldridge, Glynn, Reneau, Reedy

AN ACT to amend Tennessee Code Annotated, Title 46, Chapter 6, relative to state veterans'
          cemeteries.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 46-6-105, is amended by deleting the
section and substituting instead the following:

          46-6-105. Eligibility for interment.

                    (a)(1) An individual is eligible for interment in a state veterans' cemetery who:

                                        (A) Meets the ~ligibility criteria set forth in 38 U.S.C. § 2402; or

                                        (8) Was a member of a reserve component of the armed forces of the
                              United States, the army national guard, or the air national guard who:

                                                  (i) Was discharged or released under honorable conditions;
                                        and

                                                  (ii) Served in a reserve component of the armed forces of the
                                        United States, the army national guard, or the air national guard
                                        honorably for not less than eight (8) years, collectively, or who was
                                        called up on state orders irrespective of time honorably served.

                              (2) For a person eligible under subdivision (a)(1)(8), the eligibility for interment
                    of the person's spouse, surviving spouse, minor child, and dependent incapacitated
                    child must be determined pursuant to 38 U.S.C. § 2402.

                    (b) A person is not eligible for interment or memorialization in a state veterans'
          cemetery if such interment or memorialization would be prohibited under 38 U.S.C. § 2411.
          For purposes of verifying eligibility for interment under this chapter, the department shall
          accept the following discharge or service-related documents:

                              (1) NGB Form 22;

                              (2) NGB Form 438 or 439;

                              (3) DD Form 214;

                              (4) DD Form 256, 256AF, or 257;

                              (5) Most recent discharge orders issued by the appropriate service branch;
                    and
SB 1888
                              (6) Any other official document that satisfies the requirements for proof of

                    service and character of discharge under 38 CFR 3.203.
                    (c) The department shall not implement any provision of this section in a manner that
         jeopardizes the receipt of federal funds for the construction, expansion, or operation of state
          veterans' cemeteries.
          SECTION 2. Tennessee Code Annotated, Section 46-6-107, is amended by deleting the
section and substituting instead the following:
          46-6-107.
                    The department of veterans services shall not charge a fee for the interment of:

                              (1) A veteran who is eligible for interment under§ 46-6-105(a)(1 )(A);
                              (2) A member of a reserve component of the armed forces, including the army
                    national guard or air national guard, who is eligible under§ 46-6-105(a)(1 )(B);
                              (3) The most recent spouse of an individual described in§ 46-6-105(a); or
                              (4) A minor child or dependent incapacitated child of such an individual, as
                    determined under§ 46-6-105(a)(2).
          SECTION 3. The heading in this act is for reference purposes only and does not constitute a
part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the heading in any compilation or publication containing this act.
          SECTION 4. This act takes effect upon becoming law, the public welfare requiring it.

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         SENATE BILL NO. 1888

PASSED:  April 13, 2026

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                                      \          RANDY McNALLY

                                      SPEAKER OF THE SENA TE •

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                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

f"trxJ APPROVED this f}J-tJt. day of             2026

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                             BILL LEE, GOVERNOR