HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 309

49th legislature - STATE OF NEW MEXICO - second session, 2010

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; PROVIDING FOR UNCLAIMED HUMAN REMAINS; PROVIDING FOR THE IDENTIFICATION OF HUMAN REMAINS AS THOSE OF A VETERAN; PROVIDING FOR TRANSPORTATION TO A MILITARY CEMETERY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Disposition of Veterans' Cremains Act".

     Section 2. DEFINITIONS.--As used in the Disposition of Veterans' Cremains Act:

          A. "armed forces" means the United States army, navy, air force, marine corps or coast guard;

          B. "authorizing agent" means a person who is legally entitled to order the cremation and final disposition of the remains of a deceased person;

          C. "cremains" means cremated remains of a human body;

          D. "funeral service practitioner" means a funeral service practitioner or an assistant funeral service practitioner licensed pursuant to the Thanatopractice Act;

          E. "veteran" means a New Mexico resident who has served as a member of the armed forces or a member of the national guard of New Mexico and who has received an honorable discharge; and

          F. "veterans organization" means an association or other entity organized for the benefit of veterans that has been recognized or chartered by the congress of the United States and includes the American legion, the legion of honor, the patriot guard, the missing in America project and the Vietnam veterans of America.

     Section 3. FUNERAL SERVICE PRACTITIONER RESPONSIBILITIES.--

          A. A funeral service practitioner shall make a reasonable effort to determine whether a deceased person whose remains have been submitted to a funeral establishment for final disposition by cremation is one of the following:

                (1) a veteran;

                (2) a spouse of a veteran; or

                (3) the dependent child of a veteran.

          B. The actions of a funeral service practitioner required pursuant to Subsection A of this section shall be initiated within seventy-two hours after an order of disposition for cremation has been signed by the authorizing agent. The funeral service practitioner shall initiate the inquiry with the authorizing agent and shall notify the authorizing agent of the funeral service practitioner's responsibilities pursuant to the Disposition of Veterans' Cremains Act.

          C. If the funeral service practitioner cannot determine with certainty the deceased person's status as a veteran, spouse of a veteran or the dependent child of a veteran, and no authorizing agent exists, the funeral service practitioner may allow the national cemetery administration of the United States department of veterans affairs, a veterans organization whose primary purpose is to locate, identify and inter the unclaimed cremains of veterans or any federally chartered veterans service organization to have access to all information regarding the deceased person in the possession of the funeral service practitioner so that it may attempt to determine whether the deceased person qualifies pursuant to Subsection A of this section.

          D. If the funeral service practitioner determines that the deceased person is either a veteran, a spouse of a veteran or the dependent child of a veteran, the funeral service practitioner shall immediately notify the authorizing agent of this finding and advise the authorizing agent that the deceased person may be eligible to be interred at an appropriate veterans' cemetery.

          E. If the cremains of a veteran, spouse of a veteran or dependent child of a veteran are not claimed by an authorizing agent, the funeral service practitioner shall hold any cremains for at least two years. After two years have expired, the funeral service practitioner shall then send written notice to an authorizing agent requesting disposition instructions. If the funeral service practitioner does not receive a written response from an authorizing agent within thirty days after this written notice is sent, the funeral service practitioner shall 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.

          F. The funeral service practitioner may release any relevant information to the United States department of veterans affairs or any veterans' organization to affect the timely and accurate identification and interment of a decedent as a veteran, the spouse of a veteran or the dependent child of a veteran.

     Section 4. IMMUNITY.--A funeral service practitioner complying with the provisions of the Disposition of Veterans' Cremains Act is immune from any criminal or civil liability regarding the release of information relative to the determination of the status as a veteran, spouse of a veteran or dependent child of a veteran or any available interment as a veteran or for the release of the cremains to a veterans' cemetery.

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