Veterans' Affairs Committee
Filed: 3/5/2009
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1 | AMENDMENT TO HOUSE BILL 516
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2 | AMENDMENT NO. ______. Amend House Bill 516 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Disposition of Veterans' Cremated Remains Act. | ||||||
6 | Section 5. Definitions. The following terms have the | ||||||
7 | meanings indicated, unless the context requires otherwise: | ||||||
8 | "Authorizing agent" means a person who is legally entitled | ||||||
9 | to authorize the cremation and final disposition of the | ||||||
10 | cremated remains of the deceased person in accordance with the | ||||||
11 | Disposition of Remains Act and the Crematory Regulation Act. | ||||||
12 | "Crematory authority" means a legal entity that is licensed | ||||||
13 | by the Comptroller of the State of Illinois to operate a | ||||||
14 | crematory and to perform cremations. | ||||||
15 | "Funeral director" means a person, known by the title of | ||||||
16 | "funeral director" or other similar words or titles, licensed |
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1 | under the Funeral Directors and Embalmers Licensing Code and | ||||||
2 | who practices funeral directing. | ||||||
3 | "Veteran" means an Illinois resident who has served as a | ||||||
4 | member of the United States Armed Services on active duty, a | ||||||
5 | member of the Illinois National Guard, or a member of the | ||||||
6 | United States Reserve Forces, and who has received an honorable | ||||||
7 | discharge. | ||||||
8 | "Veterans organization" means an association or other | ||||||
9 | entity organized for the benefits of veterans that has been | ||||||
10 | recognized or chartered by the United States Congress and | ||||||
11 | includes, but is not limited to, the American Legion, the | ||||||
12 | Legion of Honor, the Patriot Guard, the Missing in America | ||||||
13 | Project, and the Vietnam Veterans of America. | ||||||
14 | Section 10. Funeral director or crematory authority | ||||||
15 | responsibilities. | ||||||
16 | (a) A funeral director or crematory authority must make a | ||||||
17 | reasonable effort to determine whether a deceased person, whose | ||||||
18 | human remains have been submitted to a funeral establishment | ||||||
19 | for final disposition by cremation, is one of the following: | ||||||
20 | (1) a veteran; | ||||||
21 | (2) the spouse of a veteran; or | ||||||
22 | (3) the dependent child of a veteran. | ||||||
23 | (b) This determination must be made at, or shortly after, | ||||||
24 | the time an at-need cremation authorization is signed by the | ||||||
25 | authorizing agent. The funeral director or crematory authority |
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1 | must start his or her inquiry with the authorizing agent and | ||||||
2 | notify the authorizing agent of the funeral director's or | ||||||
3 | crematory authority's responsibilities under this Act. | ||||||
4 | However, nothing in this Act shall apply to a pre-need | ||||||
5 | cremation authorization until it becomes an at-need cremation | ||||||
6 | authorization. Nothing in this Act shall delay the cremation of | ||||||
7 | a deceased person's remains as authorized by an at-need | ||||||
8 | cremation authorization. | ||||||
9 | (c) If the funeral director or crematory authority cannot | ||||||
10 | determine with certainty the deceased person's status and no | ||||||
11 | authorizing agent exists, then the funeral director or | ||||||
12 | crematory authority may allow the National Cemetery | ||||||
13 | Administration's National Cemetery Scheduling Office, any | ||||||
14 | veterans organization whose primary purpose is to locate, | ||||||
15 | identify, and inter the unclaimed cremated remains of American | ||||||
16 | veterans, or any federally-chartered veterans service | ||||||
17 | organization to have access to the cremated remains and all | ||||||
18 | information regarding the deceased person in the possession of | ||||||
19 | the funeral director or crematory authority so that it may | ||||||
20 | attempt to determine whether the deceased person qualifies | ||||||
21 | under subsection (a) of this Section. | ||||||
22 | (d) If the funeral director or crematory authority | ||||||
23 | determines that the deceased person is either a veteran, the | ||||||
24 | spouse of a veteran, or the dependent child of a veteran, then | ||||||
25 | the funeral director or crematory authority must immediately | ||||||
26 | notify the authorizing agent of this finding and advise the |
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1 | authorizing agent that the deceased person may be eligible to | ||||||
2 | be interred at an appropriate veterans' cemetery. | ||||||
3 | (e) If the cremated remains of a veteran, the spouse of a | ||||||
4 | veteran, or the dependent child of a veteran are not claimed by | ||||||
5 | an authorizing agent, then the funeral director or crematory | ||||||
6 | authority must hold any cremated remains for at least 60 days, | ||||||
7 | as required by subsection (d) of Section 40 of the Crematory | ||||||
8 | Regulation Act. After 60 days have expired, the funeral | ||||||
9 | director or crematory authority must then send written notice | ||||||
10 | to an authorizing agent requesting disposition instructions. | ||||||
11 | If the funeral director or crematory authority does not receive | ||||||
12 | a written response from an authorizing agent within 30 days | ||||||
13 | after this written notice is sent, then the funeral director or | ||||||
14 | crematory authority must contact any veterans organization | ||||||
15 | whose primary purpose is to locate, identify, and inter or | ||||||
16 | inurn the unclaimed cremated remains of American veterans or | ||||||
17 | any federally-chartered veterans service organization so that | ||||||
18 | arrangements for the disposition of the cremated remains of the | ||||||
19 | veteran, spouse of a veteran, or dependent child of a veteran | ||||||
20 | may be made in a state or national veterans' cemetery. | ||||||
21 | (f) The funeral director or crematory authority may release | ||||||
22 | any relevant information to the U.S. Department of Veterans | ||||||
23 | Affairs or any federally-chartered veterans service | ||||||
24 | organization to affect the timely and accurate identification | ||||||
25 | and interment or inurnment of the cremated remains of a | ||||||
26 | decedent as either a veteran, the spouse of a veteran, or the |
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1 | dependent child of a veteran. | ||||||
2 | Section 15. Immunity. A funeral director or crematory | ||||||
3 | authority complying with this Act is immune from any criminal | ||||||
4 | or civil liability regarding the release of information | ||||||
5 | relating to (i) the determination of the deceased person's | ||||||
6 | status as a veteran, the spouse of a veteran, or the dependant | ||||||
7 | child of a veteran, (ii) the availability of interment or | ||||||
8 | inurnment as a veteran, or (iii) the release of the cremated | ||||||
9 | remains to a veterans' cemetery. A funeral director or | ||||||
10 | crematory authority shall be immune from civil liability for | ||||||
11 | any act or omission under this Act, except for willful or | ||||||
12 | wanton misconduct. A veterans organization or | ||||||
13 | federally-chartered veterans service organization shall be | ||||||
14 | immune from civil liability for any act or omission related to | ||||||
15 | the disposition of cremated remains under this Act, except for | ||||||
16 | willful or wanton misconduct.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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