THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KULA, MELIO, FAIRCHILD, MAHONEY, WHITE, WHEATLEY, STEVENSON, M. SMITH, K. SMITH, SIPTROTH, SHAPIRO, SEIP, SANTARSIERO, SAMUELSON, SAINATO, PASHINSKI, PALLONE, MUNDY, McILVAINE SMITH, MANN, LONGIETTI, KORTZ, HENNESSEY, GRUCELA, FREEMAN, DRUCKER, DEASY, CASORIO, BURNS, BROWN, BRIGGS, BRENNAN, BOBACK, STABACK, GOODMAN, CARROLL, YUDICHAK, HARHAI, HORNAMAN, MURPHY, VULAKOVICH, CALTAGIRONE, COHEN, HESS AND HARKINS, OCTOBER 4, 2010

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, OCTOBER 4, 2010  

AN ACT

Providing for the disposition of cremated remains of veterans

and veterans' spouses and dependent children by funeral

directors and crematories and for certain immunities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act may be cited as the Disposition of Veterans'

Cremated Remains Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Authorizing agent."  A person who is legally entitled to

authorize the cremation and final disposition of the cremated

remains of the deceased person.

"Crematory authority."  A legal entity that is licensed to

operate a crematory and to perform cremations.

"Funeral establishment."  A place or premise approved by the

State Board of Funeral Directors wherein a licensed funeral

director conducts the professional practice of funeral

directing, including the preparation, care and funeral services

for the human dead.

"Veteran."  A resident of this Commonwealth who has served as

a member of the armed forces of the United States on active duty

or a member of the reserve component of the armed forces of the

United States as defined in 51 Pa.C.S. § 7301 (relating to

definitions) and who has received an honorable discharge.

"Veterans organization."  An association or other entity

organized for the benefits of veterans that has been recognized

or chartered by the Congress of the United States or a veterans'

organization whose primary purpose is to locate, identify and

inter the unclaimed cremated remains of American veterans.

Section 3.  Funeral director or crematory authority

responsibilities.

(a)  General rule.--A funeral director or crematory authority

must make a reasonable effort to determine whether a deceased

person, whose human remains have been submitted to a funeral

establishment for final disposition by cremation, is one of the

following:

(1)  A veteran.

(2)  The spouse of a veteran.

(3)  The dependent child of a veteran.

(b)  Time of determination.--The determination under

subsection (a) must be made at or shortly after the time a

permit authorizing cremation is issued by an authorizing agent.

The funeral director or crematory authority must start an

inquiry with the authorizing agent and notify the authorizing

agent of the funeral director's or crematory authority's

responsibilities under this act. Nothing in this act shall delay

the cremation of a deceased person's remains as authorized by

law.

(c)  Assistance with determination.--If the funeral director

or crematory authority cannot determine with certainty the

deceased person's status and no authorizing agent exists, then

the funeral director or crematory authority may allow the

National Cemetery Administration's National Cemetery Scheduling

Office or any veterans organization to have access to the

cremated remains and all information regarding the deceased

person in the possession of the funeral director or crematory

authority so that it may attempt to determine whether the

deceased person qualifies under subsection (a).

(d)  Notification.--If the funeral director or crematory

authority determines that the deceased person is a veteran, the

spouse of a veteran or the dependent child of a veteran, then

the funeral director or crematory authority must immediately

notify the authorizing agent of this finding and advise the

authorizing agent that the deceased person may be eligible to be

interred at an appropriate veterans' cemetery.

(e)  Failure of authorizing agent to claim remains.--If the

cremated remains of a veteran, the spouse of a veteran or the

dependent child of a veteran are not claimed by an authorizing

agent, then the funeral director or crematory authority must

hold any cremated remains for at least 180 days. Upon expiration

of that time period, the funeral director or crematory authority

must send written notice to an authorizing agent requesting

disposition instructions. If the funeral director or crematory

authority does not receive a written response from an

authorizing agent within 30 days after the written notice is

sent, the funeral director or crematory authority must contact a

veterans organization so that arrangements for the disposition

of the cremated remains of the veteran, spouse of a veteran or

dependent child of a veteran may be made in a national or State

veterans' cemetery.

(f)  Release of information.--The funeral director or

crematory authority may release any relevant information to the

United States Department of Veterans Affairs or any veterans

organization to effect the timely and accurate identification

and interment or inurnment of the cremated remains of a decedent

as a veteran, the spouse of a veteran or the dependent child of

a veteran.

Section 4.  Immunity.

(a)  Release of information.--A funeral director or crematory

authority complying with this act is immune from any criminal or

civil liability regarding the release of information relating

to:

(1)  The determination of the deceased person's status as

a veteran, the spouse of a veteran or the dependent child of

a veteran.

(2)  The availability of interment or inurnment as a

veteran.

(3)  The release of the cremated remains to a veterans'

cemetery.

(b)  Civil liability.--

(1)  A funeral director or crematory authority shall be

immune from civil liability for any act or omission under

this act, except for willful or wanton misconduct.

(2)  A veterans organization shall be immune from civil

liability for any act or omission related to the disposition

of cremated remains under this act, except for willful or

wanton misconduct.

Section 20.  Effective date.

This act shall take effect in 60 days.