Bill Status of HB 516   96th General Assembly

Short Description:  VETERANS-DISPOSITION CREMAINS

House Sponsors
Rep. Lisa M. Dugan-LaShawn K. Ford-Patricia R. Bellock-Michael P. McAuliffe, Jil Tracy, Linda Chapa LaVia, Mike Bost, Michael G. Connelly, Keith Farnham, Robert F. Flider, Jack D. Franks, Jehan A. Gordon, Kevin Joyce, Joseph M. Lyons, Emily McAsey, Jerry L. Mitchell, Donald L. Moffitt, Elaine Nekritz, JoAnn D. Osmond, Brandon W. Phelps, Robert W. Pritchard, Dennis M. Reboletti, Jim Sacia, Patrick J. Verschoore, Ronald A. Wait, Mark L. Walker and Jim Watson

Senate Sponsors
(Sen. Toi W. Hutchinson-Don Harmon-Linda Holmes and Tim Bivins)


Last Action  View All Actions

DateChamber Action
  7/27/2009HousePublic Act . . . . . . . . . 96-0081

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Disposition of Veterans' Cremains Act. Provides that a funeral director must make a reasonable effort to determine whether a deceased person, whose remains have been submitted for final disposition by cremation, was a veteran of the armed services ("veteran"), a spouse of a veteran, or the dependent child of a veteran. If there is uncertainty regarding the deceased person's status and no authorizing agent exists, the funeral director may allow the National Cemetery Administration's National Cemetery Scheduling Office, any veterans organization whose primary purpose is to locate, identify, and inter the unclaimed cremains of American veterans, or any federally-chartered veterans service organization to have access to the cremains and all information regarding the deceased person in the possession of the funeral director so that the deceased person's status may be determined. If the deceased person is identified as a veteran, spouse of a veteran, or dependent child of a veteran, requires the funeral director to notify the authorizing agent over the disposal of the cremains that the decedent may be eligible to be interred at a veterans' cemetery. Provides that if the cremains are not claimed by an authorizing agent after one year and the authorizing agent then fails to respond within 30 days to the funeral director's written request for disposition instructions, the funeral director must then contact any veterans organization whose primary purpose is to locate, identify, and inter the unclaimed cremains of American veterans or any federally-chartered veterans service organization so that arrangements for the disposition of the cremains of the veteran, spouse of a veteran, or dependent child of a veteran may be made in a state or national veterans' cemetery. Provides that a funeral director complying with this Act 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 interment as a veteran or for the release of the cremains to a veterans' cemetery. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause and reinserts the original bill as introduced with the following changes: Changes the short title of the Act to the Disposition of Veterans' Cremated Remains Act; replaces all references to "cremains" with "cremated remains"; provides that the Act shall apply to crematory authorities in addition to funeral directors; defines "crematory authority"; replaces "order of disposition for cremation" with "at-need cremation authorization"; provides that nothing in the Act shall apply to a pre-need cremation authorization until it becomes an at-need cremation authorization; provides that nothing in the Act shall delay the cremation of a deceased person's remains as authorized by an at-need cremation authorization; provides that the funeral director or crematory authority must send written notice to an authorizing agent requesting disposition instructions after holding the cremated remains for 60 days in accordance with the Crematory Regulation Act; provides that the Act shall apply to inurnment in addition to interment; provides that a funeral director or crematory authority shall be immune from civil liability for any act or omission under the Act, except for willful or wanton misconduct; provides that a veterans organization or federally-chartered veterans service organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under the Act, except for willful or wanton misconduct; makes changes to the definition of "authorizing agent" and "veteran".

Actions 
DateChamber Action
  2/4/2009HouseFiled with the Clerk by Rep. Lisa M. Dugan
  2/4/2009HouseFirst Reading
  2/4/2009HouseReferred to Rules Committee
  2/9/2009HouseAssigned to Veterans' Affairs Committee
  2/11/2009HouseAdded Chief Co-Sponsor Rep. LaShawn K. Ford
  2/19/2009HouseAdded Co-Sponsor Rep. Jil Tracy
  2/25/2009HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/5/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Veterans' Affairs Committee
  3/5/2009HouseHouse Committee Amendment No. 1 Adopted in Veterans' Affairs Committee; by Voice Vote
  3/5/2009HouseDo Pass as Amended / Short Debate Veterans' Affairs Committee; 022-000-000
  3/5/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/6/2009HouseAdded Chief Co-Sponsor Rep. Michael P. McAuliffe
  3/6/2009HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/6/2009HouseAdded Co-Sponsor Rep. Mike Bost
  3/6/2009HouseAdded Co-Sponsor Rep. Michael G. Connelly
  3/6/2009HouseAdded Co-Sponsor Rep. Keith Farnham
  3/6/2009HouseAdded Co-Sponsor Rep. Robert F. Flider
  3/6/2009HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/6/2009HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  3/6/2009HouseAdded Co-Sponsor Rep. Kevin Joyce
  3/6/2009HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  3/6/2009HouseAdded Co-Sponsor Rep. Emily McAsey
  3/6/2009HouseAdded Co-Sponsor Rep. Jerry L. Mitchell
  3/6/2009HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  3/6/2009HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/6/2009HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  3/6/2009HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/6/2009HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  3/6/2009HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/6/2009HouseAdded Co-Sponsor Rep. Jim Sacia
  3/6/2009HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  3/6/2009HouseAdded Co-Sponsor Rep. Ronald A. Wait
  3/6/2009HouseAdded Co-Sponsor Rep. Mark L. Walker
  3/6/2009HouseAdded Co-Sponsor Rep. Jim Watson
  3/23/2009HouseSecond Reading - Short Debate
  3/23/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/24/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseThird Reading - Short Debate - Passed 114-000-000
  3/25/2009SenateArrive in Senate
  3/25/2009SenatePlaced on Calendar Order of First Reading March 26, 2009
  3/27/2009SenateChief Senate Sponsor Sen. John J. Cullerton
  3/27/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  3/30/2009SenateFirst Reading
  3/30/2009SenateReferred to Assignments
  4/15/2009SenateAssigned to State Government and Veterans Affairs
  4/21/2009SenateAlternate Chief Sponsor Changed to Sen. Toi W. Hutchinson
  4/23/2009SenateDo Pass State Government and Veterans Affairs; 008-000-000
  4/23/2009SenatePlaced on Calendar Order of 2nd Reading April 28, 2009
  5/1/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/7/2009SenateSecond Reading
  5/7/2009SenatePlaced on Calendar Order of 3rd Reading ** May 18, 2009
  5/11/2009SenateAdded as Alternate Co-Sponsor Sen. Tim Bivins
  5/19/2009SenateThird Reading - Passed; 058-000-000
  5/19/2009HousePassed Both Houses
  6/17/2009HouseSent to the Governor
  7/27/2009HouseGovernor Approved
  7/27/2009HouseEffective Date July 27, 2009
  7/27/2009HousePublic Act . . . . . . . . . 96-0081

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