Bill Text: MI HB4276 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Cemeteries and funerals; funeral practices; procedure to screen for veteran status when cremation order is signed; require of funeral homes. Amends 1980 PA 299 (MCL 339.101 - 339.2919) by adding sec. 1807a.
Spectrum: Slight Partisan Bill (Democrat 42-17)
Status: (Introduced - Dead) 2009-03-03 - Referred To Committee On Senior Citizens And Veterans Affairs [HB4276 Detail]
Download: Michigan-2009-HB4276-Engrossed.html
HB-4276, As Passed House, February 24, 2009
HOUSE BILL No. 4276
February 17, 2009, Introduced by Reps. Griffin and Polidori and referred to the Committee on Military and Veterans Affairs and Homeland Security.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
(MCL 339.101 to 339.2919) by adding section 1807a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1807a. (1) A person engaged in the practice of funeral
directing shall make a determination of whether a deceased person,
whose remains have been submitted to a funeral establishment for
final disposition by cremation, is a veteran of the armed services.
The determination shall be made at, or shortly after, the time the
order of disposition for cremation is signed. The funeral director
shall direct the inquiry to the person with authority over the
disposal of the remains of the decedent and shall contact the
national cemetery administration's central scheduling office in St.
Louis, Missouri. If there is any doubt of the person's status as a
veteran, the funeral director, if there is no person with authority
over the disposal of the remains of the decedent, or the person
with authority over the disposal of the remains of the decedent
shall notify in writing the nearest state or national veterans
cemetery and the national cemetery administration's central
scheduling office in St. Louis, Missouri. If the deceased is
determined, in any manner, to be a veteran of the armed services,
the funeral director shall give notice to the person with authority
over the disposal of the remains of the decedent as to that status
and advise that person that the veteran and his or her spouse may
be eligible to be interred at an appropriate veterans cemetery.
(2) If the remains of a veteran are not claimed by a person
with authority over the disposal of the remains of the decedent,
the funeral director shall hold any cremated remains for at least 6
months. At the expiration of 6 months or longer, the funeral
director shall send written notice to a person with authority over
the disposal of the remains of the decedent requesting disposition
instructions. If a written response to the written notice is not
received within 30 days after the notice is sent, the funeral
director shall attempt to arrange for the disposition of the
remains of any veteran and his or her spouse in a state or national
veterans cemetery. The funeral director may release any relevant
information to the veterans administration, a veterans
organization, or the national cemetery administration's central
scheduling office in St. Louis, Missouri.
(3) A funeral director complying with this section is immune
from any criminal or civil liability regarding the release of
information relative to the determination of the status as a
veteran or any available internment as a veteran or for the release
of the remains to a veterans cemetery.
(4) As used in this section:
(a) "Person with authority over the disposal of the remains of
the decedent" means that person as determined under section 3206 of
the estates and protected individuals code, 1998 PA 386, MCL
700.3206.
(b) "Veterans organization" means an association or other
entity organized for the benefits of veterans that has been
recognized or chartered by the United States Congress and includes,
but is not limited to, the American legion, the legion of honor,
the patriot guard, the missing in America project, and the Vietnam
veterans of America.
