Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
40.360,
40.362,
40.364,
40.366,
10 U.S.C.
1491
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
40.360(3) and
40.364(1)
require the Kentucky Department of Veterans Affairs to promulgate
administrative regulations to implement and administer the Veterans' Service
Organization Burial Honor Guard Program. This administrative regulation
establishes the requirements for the Veterans' Service Organization Burial
Honor Guard Program.
Section 1.
Definitions.
(1) "Authorized provider" means a
veterans' service organization or any other military or civilian organization
that has been trained in rendering military funeral honors according to
requirements established in
10 U.S.C.
1491.
(2) "Eligible veteran" means a person who:
(a)
1.
a. Has served the state and nation in the
armed forces; and
b. Was discharged
under other than dishonorable conditions, that is with an honorable or general
under honorable conditions service characterization; or
2. At the time of death, was a member of the
Selective Reserve or Kentucky National Guard;
(b) Was recently deceased, or cremated
remains are being interred, or, if not recently deceased, the burial honors are
being rendered for historical reasons; and
(c) Was never convicted of a federal or state
capital offense.
(3)
"Veterans' service organization" or "VSO" means an organization serving
American veterans such as Veterans of Foreign Wars, AMVETS, Disabled American
Veterans, Vietnam Veterans of America, and American Legion.
Section 2. Program
Responsibilities.
(1) The Kentucky Department
of Veterans Affairs shall:
(a) Pay a stipend
in the amount provided by subsection (2) of this section to the military burial
honor guard detail supplied by the authorized provider for the military honors
rendered by that detail; and
(b)
Maintain a central repository for recording all data required by KDVA Form
Veterans' Service Organization Request for Honors Stipend.
(2) The maximum amount of the stipend shall
be sixty (60) dollars for each ceremony provided by the VSO. The stipend amount
shall be determined as follows:
(a) For
playing "Taps" on CD or other recording device, zero dollars;
(b) For having a live bugler or ceremonial
bugler play the song "Taps", instead of using a CD or other recording device,
ten (10) dollars;
(c) For folding
and presenting the United States Flag with the song "Taps":
1. Played on CD, twenty-five (25) dollars;
or
2. Performed by a live bugler or
ceremonial bugler, thirty-five (35); or
(d) For folding and presenting the United
States Flag with a rifle team, with a minimum of three (3) firers, with the
song "Taps":
1. Played on CD or other
pre-recorded device, fifty (50) dollars; or
2. Performed by a live bugler or ceremonial
bugler, sixty (60) dollars.
(3) Authorized providers shall:
(a) Render military burial honors in
accordance with the requirements established in
10 U.S.C.
1491;
(b) Require a flag folding ceremony as part
of the military burial honors in which the United States flag is folded by the
military burial honor guard;
(c)
Ensure that the folded flag is presented during the ceremony to the deceased's
next of kin or family representative by a member of the eligible veteran's own
military service (USMC, USA, USAF, USN, U.S.C.G); and
(d) After each rendering of military burial
honors, provide the Kentucky Department of Veterans Affairs a completed KDVA
Form 01/04.
Section
3. To be eligible to receive a stipend, a veterans' service
organization shall:
(1) Register as a state
vendor and receive a state vendor number. Registration shall be completed
online at
www.eprocurement.ky.gov;
(2) Verify the veteran's service from the
veteran's DD-214 form; and
(3) Not
receive an honorarium, donation, or other payment from the funeral home or the
veteran's family for the military burial honors provided for the
veteran.
Section 4.
Incorporation by Reference.
(1) KDVA Form,
Veterans' Service Organization Request for Honors Stipend, 11/06, is
incorporated by reference.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Department of Veterans' Affairs, 1111B Louisville Road, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
40.360(3),
40.364(1)