SENATE AMENDED

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, VULAKOVICH, KAVULICH, REICHLEY, GINGRICH, MILLARD, GOODMAN, D. COSTA, DONATUCCI, GILLESPIE, CREIGHTON, PAYTON, FARRY AND MARSHALL, MARCH 9, 2011

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, MAY 8, 2012   

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, for registration

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districts, local registrars and appointment and removal of

and for death and fetal death registration, certificates to

be filed; and providing for disposition of cremated remains

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of veterans; and further providing for records and disclosure

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by local registrars.

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--

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(10)  "Veteran" means a deceased person who qualifies for

burial at a national cemetery under 38 U.S.C. (relating to

veterans' benefits).

(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 or final disposition 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.  Section 302 of the act is amended to read:

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Section 302.  Registration Districts: Local Registrars;

Appointment and Removal of.--(a)  The Secretary of Health shall

appoint a local registrar for each registration district. Each

local registrar shall appoint a deputy to act in the event of

his absence or disability. If the department determines that the

proper and efficient administration of a registration district

requires additional personnel, the department may appoint one or

more assistants. No local registrar, deputy or assistant shall

be appointed who does not meet the qualifications prescribed by

the Advisory Health Board. The department may at any time remove

any local registrar, deputy or assistant for cause. The

department may abolish the office of any local registrar in the

event that the registration district is combined with another.

The department may reduce the number of assistants at any time.

(b)  Any vacancy in the office of local registrar, deputy or

assistant for a registration district that exists on or after

the effective date of this subsection shall be filled as

provided in this section.

Section 3.  Section 501 of the act, amended July 2, 2009

(P.L.52, No.11), is amended to read:

Section 501.  Death and Fetal Death Registration:

Certificates to be Filed.--A certificate of each death or fetal

death which occurs in this Commonwealth shall be filed within

[ninety-six (96) hours] four (4) business days after the death

or fetal death or within [ninety-six (96) hours] four (4)

business days after the finding of a dead body or fetal remains.

In every instance, the certificate shall be filed prior to the

issuance of a permit for interment or other disposition of the

dead body or fetal remains. The person in charge of interment or

of removal of the dead body or fetal remains from the

registration district shall file the certificate with any local

registrar or the State Registrar of Vital Statistics, who shall

be authorized to issue certified copies of such death.

Section 2 4.  The act is amended by adding a section to read:

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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, shall 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 veterans'

service organization or a national 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 veterans'

service organization or a national 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 legally authorized person in control

of the final disposition of the decedent to arrange for the

final disposition of the cremated remains, the funeral director

or funeral establishment shall relinquish possession of the

cremated remains to a veterans' service organization.

(2)  Final disposition shall be made in a national 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)  When the estate of the decedent has been identified, 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 final 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)  The funeral director or funeral establishment shall make

a good faith effort to notify the next of kin of the identified

cremated remains of the veteran.

(h)  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 

legally authorized person in control of the final disposition of

the cremated remains 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 legally authorized 

person in control of the cremated remains 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.

(i)  As used in this section, "final disposition" does not

include the scattering of cremated remains.

Section 5.  Section 809(b) of the act is amended to read:

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Section 809.  Records: Disclosure by Local Registrars.--* * *

(b)  (1)  Subject to the approval of the Advisory Health

Board, the department may authorize any local registrar to issue

certified copies of original certificates of death or parts

thereof which are in his possession, but in every instance local

registrars shall within ninety (90) days of the date of issuance 

transmit the original certificates of death to the department in

accordance with the rules and orders of the department.

(2)  After the original certificate of death has been

transmitted to the department, the local registrar may issue a

copy of a certified copy of the original certificate of death or

part thereof which is in his possession for ninety (90) days

after issuance of the original certificate of death.

(3)  Any local registrar who issues a certified copy of an

original certificate of death or a copy of a certified copy of

the original certificate of death in accordance with the

provisions of this section shall receive therefor a fee

prescribed by the Advisory Health Board, not exceeding the fee

charged by the department for a like service, to be paid by the

person applying for the certified copy.

Section 3 6.  This act shall take effect in 60 days.

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