House Bill 1302

AN ACT TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED CREMATED REMAINS OF CERTAIN VETERANS; TO AUTHORIZE THE RELEASE OF INFORMATION ASSOCIATED WITH THE REMAINS TO VERIFY WHETHER THE REMAINS ARE OF A PERSON WHO WAS A VETERAN ELIGIBLE TO BE INTERRED IN A VETERANS CEMETERY; TO AUTHORIZE THE TRANSFER OF THE UNCLAIMED CREMATED REMAINS; TO PROVIDE CIVIL IMMUNITY FOR PERSONS WHO RELEASE VERIFICATION INFORMATION OR TRANSFER CREMATED REMAINS AS AUTHORIZED BY THIS ACT; TO AMEND SECTION 73-11-69, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. As used in this act, unless the context clearly requires otherwise:

(a) "Verification information" means data required by the United States Department of Veterans Affairs to verify whether a person is a veteran eligible for burial in a veterans cemetery, including a copy of the person's death certificate and the person's name, service number, social security number, date of birth, date of death and place of birth.

(b) "Veterans' service organization" means:

(i) A veterans' organization that is chartered by the United States Congress;

(ii) A veterans' service organization recognized by the United States Department of Veterans Affairs; or

(iii) A veterans' service organization that is organized for verifying whether a person is a veteran and providing for interment of veterans and that is exempt from the payment of federal income taxes under Section 501(c) of the Internal Revenue Code of 1986 by being listed as an exempt organization under Section 501(c)(3) or 501(c)(19) of that code.

SECTION 2. This act applies to any person who possesses unclaimed cremated remains, including a funeral establishment, funeral service business, funeral director or crematory facility licensed under Chapter 11, Title 73, or a coroner.

SECTION 3. A person who possesses unclaimed cremated remains may release to the United States Department of Veterans Affairs or a veterans' service organization verification information associated with the remains to verify whether the remains are the remains of a person who was a veteran eligible to be interred in a veterans cemetery if:

(a) The person has possessed the cremated remains for at least one (1) year; and

(b) The person authorized to dispose of the decedent's remains under Section 73-11-58 has not claimed the cremated remains.

SECTION 4. A person who receives notice from the United States Department of Veterans Affairs or a veterans' service organization that the unclaimed cremated remains are the remains of a veteran eligible to be interred in a veterans cemetery may:

(a) Transport the cremated remains to the veterans cemetery for burial; or

(b) Transfer the cremated remains to a veterans' service organization that will ensure that the cremated remains are interred in a veterans cemetery.

SECTION 5. (1) A person who releases verification information as authorized by this act, or who transfers cremated remains to a veterans' service organization or a veterans cemetery as authorized by this act, is immune from civil liability for damages resulting from the release or transfer.

(2) A veterans' service organization that inters cremated remains in a veterans cemetery as authorized by this act is immune from civil liability for damages arising from the interment.

SECTION 6. Section 73-11-69, Mississippi Code of 1972, is amended as follows:

73-11-69. (1) No person or party shall conduct, maintain, manage or operate a crematory unless a license for each such crematory has been issued by the board and is conspicuously displayed in such crematory.

(2) The operator of a crematory facility shall issue a certificate of cremation to the family of each person cremated in the facility. In addition, the operator of the crematory facility shall maintain a log of all cremations performed in the facility, and this log shall match the certificates of cremation that have been issued by the facility.

(3) No operator of a crematory facility shall knowingly represent that an urn or temporary container contains the recovered cremated remains of specific decedent or of body parts removed from a specific decedent when it does not. This subsection does not prohibit the making of such a representation because of the presence in the recovered cremated remains of de minimis amounts of the cremated remains of another decedent or of body parts.

(4) The board shall inspect each licensed crematory facility during each licensure period, and at such other times as necessary, to verify that the crematory facility is in compliance with the requirements of this section. Any person who operates a crematory facility in this state without a license, or any person who otherwise violates any provision of this section, is guilty of a felony. Upon conviction for a violation of this section, in addition to any penalty that may be imposed by the court, the board may revoke the person's crematory facility license.

(5) If the retort of a crematory becomes in need of repair, then the operator of the crematory shall notify the board in writing and by telephone within forty-eight (48) hours of discovery of the need to repair, and no cremation shall be made from the time of discovery until satisfactory proof is provided to the board that the repair has been made.

(6) The board may promulgate such rules and regulations as deemed necessary for the proper licensure and regulation of crematory facilities in this state. Such rules and regulations shall include, but not be limited to, the following: crematory facility requirements, identification of deceased human beings, cremation process, processing of remains, * * *~~comingling~~ commingling of human remains, disposition of cremated remains, removal of human remains and proper documentation requirements as prescribed by state agencies.

(7) Any crematory or funeral establishment may dispose of any remains unclaimed by the family after twelve (12) months after cremation by delivering the remains to any person listed in Section 73-11-58, releasing the remains to a veterans' service organization in accordance with Sections 1 through 5 of this act, or scattering or burial upon a final notification to the next of kin by certified mail to their last-known address.

(8) The crematory retort operator must be a certified crematory operator as defined in Section 73-11-41.

(9) No crematory facility licensed by the board shall be used for the cremation of deceased animals.

(10) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.

SECTION 7. This act shall take effect and be in force from and after July 1, 2019.