HB-6200, As Passed House, September 18, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6200

     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.