Bill Text: GA SB372 | 2011-2012 | Regular Session | Introduced
Bill Title: "Disposition of Veterans' Cremated Remains Act"; provide for a determination; deceased veteran; certain notifications
Spectrum: Bipartisan Bill
Status: (Passed) 2012-05-01 - Effective Date [SB372 Detail]
Download: Georgia-2011-SB372-Introduced.html
12 SB372/AP
Senate
Bill 372
By:
Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of
the 4th and Jones of the 10th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of
Georgia Annotated, relating to general provisions relative to funeral directors
and establishments, embalmers, and crematories, so as to provide for a
determination as to whether a dead body that has been submitted to a funeral
director is that of a deceased veteran; to provide a short title; to provide for
certain notifications; to allow access to certain veterans' organizations under
certain circumstances to information about a deceased; to allow certain
veterans' organizations under certain circumstances to make arrangements for the
disposition of the cremated remains of a deceased veteran; to provide for
immunity; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known as and may be cited as the "Disposition of Veterans' Cremated
Remains Act."
SECTION
2.
Part
1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia
Annotated, relating to general provisions relative to funeral directors and
establishments, embalmers, and crematories, is amended by adding a new Code
section to read as follows:
"43-18-9.
(a)
As used in this Code section, the term:
(1)
'Veteran' means a resident of this state who qualifies as a veteran under the
rules of the United States Department of Veterans Affairs and who was discharged
under conditions other than dishonorable.
(2)
'Veterans' organization' means the Department of Veterans Service, the National
Cemetery Administration's National Cemetery Scheduling Office, or any
association or other entity organized for the benefit of veterans that has been
recognized or chartered by the United States Congress, such as the American
Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project,
and the Vietnam Veterans of America.
(b)
The funeral director shall make a reasonable effort to determine whether any
dead body submitted for final disposition by cremation is that of a deceased
veteran.
(c)
The funeral director shall, at the time the cremation authorization form is
signed:
(1)
Inquire as to whether the legally authorized person has information or belief as
to whether the deceased is a veteran; and
(2)
Notify the legally authorized person of the responsibilities of the funeral
director under this Code section.
(d)
If the funeral director is unable to determine with certainty whether the
deceased was a veteran through an inquiry with the legally authorized agent,
then any veterans' organization shall be allowed access to all information
available from the United States Department of Veterans Affairs regarding the
deceased in the possession of the funeral director in charge of the crematory so
that any veterans' organization may attempt to determine whether the deceased is
a veteran. If any veterans' organization that is allowed access to information
pursuant to this Code section discovers that the deceased is a veteran, the
veterans' organization shall notify the funeral director.
(e)(1)
If the funeral director determines that the deceased is a veteran from
information provided by the legally authorized person, any veterans'
organization, or otherwise, then such funeral director shall immediately notify
the legally authorized person of such finding and shall advise that the deceased
person may be eligible to be interred at an appropriate veterans'
cemetery.
(2)
If the funeral director determines that the deceased is a veteran from
information provided by the legally authorized person, any veterans'
organization, or otherwise, and the cremated remains are not claimed by a
legally authorized person, then the funeral director shall hold any such
cremated remains for at least 60 days. After 60 days, the funeral director
shall send written notice to the legally authorized person who signed the
cremation authorization form requesting disposition instructions. If the
funeral director does not receive a written response from the legally authorized
person within 30 days of sending a written notice, then the funeral director
shall contact a veterans' organization so that arrangements for the disposition
of the cremated remains of the veteran may be made in a state or national
veterans' cemetery.
(f)
Nothing in this Code section shall delay the authorized cremation of a
deceased's remains.
(g)(1)
A funeral director complying with this Code section shall be immune from any
criminal or civil liability regarding:
(A)
The determination of a deceased's status as a veteran;
(B)
The release of information relating to the determination of a deceased's status
as a veteran;
(C)
The availability of interment or inurnment for a deceased veteran;
or
(D)
The release of cremated remains to a veterans' cemetery.
(2)
A funeral director shall be immune from civil liability for any act or omission
under this Code section except for willful or wanton misconduct.
(h)
A veterans' organization shall be immune from civil liability for any act or
omission related to the disposition of cremated remains under this Code section
except for willful or wanton
misconduct."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.