Bill Text: IN HB1064 | 2011 | Regular Session | Introduced
Bill Title: Burial of veterans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1064 Detail]
Download: Indiana-2011-HB1064-Introduced.html
Citations Affected: IC 23-14-31; IC 34-30-2-89.9.
Synopsis: Burial of veterans. Requires that a funeral director and
crematory authority make a reasonable effort to determine whether a
deceased person whose remains have been submitted to a funeral
establishment for final disposition by cremation is any of the following:
(1) a veteran; (2) the spouse of a veteran; or (3) the dependent child of
a veteran. If the funeral director or crematory authority cannot
determine with certainty the deceased person's status and there is not
an authorizing agent, the funeral director or crematory authority may
allow certain veterans organizations to have access to the cremated
remains and information regarding the deceased person to determine
if the deceased person qualifies as a veteran or veteran's spouse or
dependent. Allows a funeral director to turn over unclaimed cremated
remains of a deceased person who qualifies as a veteran or veteran's
spouse or dependent to a veterans organization for final disposition.
Provides immunity for crematory authorities and funeral directors for
acts and omissions while complying with the law concerning cremated
veterans.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Veterans Affairs and Public
Safety.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
(1) served in:
(A) the United States armed forces or their reserves;
(B) the Indiana Army National Guard; or
(C) the Indiana Air National Guard; and
(2) received an honorable discharge from service.
"veterans organization" means:
(1) a local organization or a branch, lodge, or chapter of a
state or national organization that:
(A) has been recognized or chartered by the Congress of
the United States; and
(B) that is for the benefit of veterans; or
(2) a veterans' organization whose primary purpose is to
locate, identify, and inter the unclaimed cremated remains of
American veterans.
(b) This section may not operate to delay the cremation of a deceased person's remains as authorized by a cremation authorization.
(c) A funeral director or crematory authority shall 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 any of the following:
(1) A veteran.
(2)The spouse of a veteran.
(3) The dependent child of a veteran.
(d) The determination under subsection (c) must be made not later than five (5) business days after the time a cremation authorization is signed by the authorizing agent. The funeral director or crematory authority shall begin the inquiry with the authorizing agent and notify the authorizing agent of the funeral director's or crematory authority's responsibilities under this section.
(e) If the funeral director or crematory authority cannot determine with certainty the deceased person's status and there is not an authorizing agent, the funeral director or crematory authority may allow the National Cemetery Administration's National Cemetery Scheduling Office or a 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 to determine if the deceased person qualifies under subsection (c).
(f) If the funeral director or crematory authority determines
that the deceased person qualifies under subsection (c), the funeral
director or crematory authority shall immediately:
(1) notify the authorizing agent of this finding; and
(2) advise the authorizing agent that the deceased person may
be eligible to be interred at an appropriate veterans'
cemetery.
(g) If the cremated remains of:
(1) a veteran;
(2) the spouse of a veteran; or
(3) the dependent child of a veteran;
are not claimed by an authorizing agent not later than thirty (30)
days after the date of cremation, the crematory authority shall
send the remains to the funeral director as required under section
45 of this chapter.
(h) The funeral director or crematory authority may release any
relevant information to the United States Department of Veterans
Affairs or any federally chartered veterans service organization to
affect 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.
(b) If arrangements have been made by the authorizing agent, a funeral director may hold remains returned by a crematory authority for not longer than sixty (60) days from the date of cremation and may dispose of the remains as previously arranged.
(c) If:
(1) no arrangement has been made by the authorizing agent at the end of sixty (60) days; and
(2) the deceased person has not been determined to qualify under section 44.5(c) of this chapter;
the funeral director may dispose of the remains in any legal manner.
(d) If:
(1) no arrangement has been made by the authorizing agent at the end of sixty (60) days; and
(2) the deceased person is determined to qualify under section 44.5(c) of this chapter;
the funeral director shall send written notice to an authorizing agent requesting written disposition instructions and that if the remains are not claimed, the remains may be given to a veterans organization for final disposition. If the funeral director does not receive a written response from an authorizing agent not later than thirty (30) days after the written notice is sent, the funeral director shall contact a veterans organization to make arrangements for the disposition of the cremated remains of the veteran, spouse of a veteran, or dependent child of a veteran in a state or national veterans' cemetery.
(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) A funeral director or crematory authority is immune from civil liability for any act or omission under sections 44.5 and 45(d) of this chapter, except for willful or wanton misconduct.
(c) A veterans organization is immune from civil liability for any act or omission related to the disposition of cremated remains under sections 44.5 and 45(d) of this chapter, except for willful or wanton misconduct.
