THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KULA, READSHAW, MAHONEY, FABRIZIO, BRENNAN, CALTAGIRONE, COHEN, DeWEESE, HALUSKA, HARHAI, HARKINS, HORNAMAN, KORTZ, KOTIK, MICOZZIE, MURPHY, MURT, M. O'BRIEN, SAINATO, STABACK, MANN, JOSEPHS AND VULAKOVICH, MARCH 9, 2011

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 9, 2011  

AN ACT

Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An

act providing for the administration of a statewide system of

vital statistics; prescribing the functions of the State

Department of Health, the State Advisory Health Board and

local registrars; imposing duties upon coroners,

prothonotaries, clerks of orphans' court, physicians,

midwives and other persons; requiring reports and

certificates for the registration of vital statistics;

regulating the disposition of dead bodies; limiting the

disclosure of records; prescribing the sufficiency of vital

statistics records as evidence; prescribing fees and

penalties; and revising and consolidating the laws relating

thereto," further providing for definitions; and providing

for disposition of cremated remains of veterans.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 105 of the act of June 29, 1953 (P.L.304,

No.66), known as the Vital Statistics Law of 1953, is amended by

adding clauses to read:

Section 105.  General Provisions: Definitions.--As used in

this act--

* * *

(10)  "Veteran" means a deceased person who:

(1)  (i)  served in the active military or naval service of

the United States;

(ii)  served in active duty in a force of any organized state

militia in a full-time status;

(iii)  served in the reserve armed forces of the United

States in active duty; or

(iv)  was a recipient of the Armed Forces Expeditionary

Medal, Navy Expeditionary Medal, Marine Corps Expeditionary

Medal or Global War on Terrorism Expeditionary Medal; and

(2)  was released from such service under conditions other

than dishonorable.

(11)  "Veterans' service organization" means an association,

corporation or other entity that qualifies under section 501(c)

(3) or (19) of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 501(c)(3) or (19)) as a tax exempt

organization that has been organized for the benefit of veterans

and recognized or chartered by the United States Congress. The

term includes, but is not limited to, the Disabled American

Veterans, the Veterans of Foreign Wars, the American Legion and

the Vietnam Veterans of America. The term also includes a member

or employee of an eligible nonprofit veterans' corporation,

association or entity, such as the Missing In America Veteran

Recovery Program, that specifically assists in facilitating the

identification and interment of unclaimed remains of American

veterans.

(12)  "National cemetery" means any cemetery under the

control of the United States Department of Veterans Affairs

National Cemetery Administration.

Section 2.  The act is amended by adding a section to read:

Section 506.2.  Death and Fetal Death Registration:

Disposition of Cremated Remains of Veterans.--(a)  A funeral

director or funeral establishment which has held in its

possession cremated remains for more than one hundred twenty

(120) days from the date of cremation may, in accordance with

this section, determine if the cremated remains are those of a

veteran and, if so, may dispose of the remains as provided in

this section.

(b)  (1)  Notwithstanding any law or regulation to the

contrary, nothing in this section shall prevent a funeral

director or funeral establishment from sharing information with

the United States Department of Veterans Affairs, a local

veterans' service agency, a veterans' service organization, a

national cemetery or a county veterans' cemetery for the purpose

of determining whether the cremated remains are those of a

veteran.

(2)  A funeral director or funeral establishment shall be

discharged from any legal obligations or liability with regard

to releasing information to or sharing information with the

United States Department of Veterans Affairs, a local veterans'

service agency, a veterans' service organization, a national

cemetery or a county veterans' cemetery in accordance with this

section.

(c)  (1)  If a funeral director or funeral establishment

ascertains the cremated remains in its possession are those of a

veteran and the funeral director or funeral establishment has

not been instructed by the person in control of the disposition

of the decedent to arrange for the final disposal or delivery of

the cremated remains, the funeral director or funeral

establishment may dispose of the cremated remains or relinquish

possession of the cremated remains to a veterans' service

organization.

(2)  The method of disposition shall be made in a national

cemetery, a county veterans' cemetery, a section of a cemetery

corporation where veterans are memorialized by a veteran's

marker if eligible, a veterans' section of a cemetery

corporation or a veterans' cemetery if the deceased veteran is

eligible for interment in such a manner.

(d)  The funeral director, funeral establishment or veterans'

service organization, notwithstanding any law to the contrary,

upon disposing of cremated remains in accordance with this

section, shall be:

(1)  Held harmless for any costs or damages, except if there

is gross negligence or willful misconduct.

(2)  Discharged from any legal obligation or liability

concerning the cremated remains.

(e)  The estate of the decedent shall be responsible for

reimbursing a funeral director, funeral establishment or

veterans' service organization for all reasonable expenses

incurred in relation to the disposition of the cremated remains.

(f)  A funeral director or funeral establishment shall

establish and maintain a record identifying the veterans'

service organization receiving the cremated remains and the site

designated for final disposition of the cremated remains.

(g)  Nothing in this section shall require a funeral director

or funeral establishment to:

(1)  Determine or seek others to determine that an

individual's cremated remains are those of a veteran if the

funeral director or funeral establishment was informed by the

person in control of the disposition that the individual was not

a veteran.

(2)  Relinquish possession of the cremated remains to a

veterans' service organization if the funeral director or

funeral establishment was instructed by the person in control or

had a reasonable belief that the decedent did not desire any

funeral or burial-related services or ceremonies recognizing the

decedent's service as a veteran.

(h)  As used in this section, "disposition" does not include

the scattering of cremated remains.

Section 3.  This act shall take effect in 60 days.