HB 111 Provides funeral establishments with immunity from liability with regard to disposal of unclaimed veterans' cremated remains
Sponsor: Crowell
LR Number: 0668S.04T Fiscal Note: 0668-04
Committee: Veterans' Affairs, Pensions and Urban Affairs
Last Action: 7/2/2009 - Signed by Governor Journal Page:
Title: SCS HCS HB 111 Calendar Position:
Effective Date: August 28, 2009
House Handler: Day

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Current Bill Summary


SCS/HCS/HB 111 - This act provides funeral homes, funeral directors, embalmers, and their employees with immunity from liability in disposing of a veteran's cremated remains to a veterans' service organization. This immunity only applies if: 1) the remains have been in the possession of the funeral establishment for at least a year; 2) the establishment gives written notice to the person or other funeral establishment who contracted for the cremation, or publishes notice in a newspaper if the address of the person or other funeral establishment that contracted for the cremation is unknown; and 3) the person or other funeral establishment who contracted for the cremation does not claim the remains within thirty days of the mailing of the written notice or within four months of the date of the first publication of notice.

Veterans' service organizations who receive cremated remains of a veteran are not liable for simple negligence if they do not have reason to know that the remains do not satisfy the notice requirements of this act and if they inter the remains and do not scatter the remains. The veterans' service organization shall take all reasonable steps to inter the remains in a veterans' cemetery.

This act contains a provision that is similar to a provision in CCS/SCS/HCS/HB 427.

EMILY KALMER