5899: ANALYSIS AS REPORTED FROM COMMITTEE (Date Completed: 4-21-10)

UNCLAIMED CREMAINS: EFFECTIVE DATE H.B. 5899 & 5900: ANALYSIS AS REPORTED FROM COMMITTEE
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House Bills 5899 and 5900 (as reported without amendment)
Sponsor: Representative Kenneth Kurtz (H.B. 5899) Representative Gino Polidori (H.B. 5900)
House Committee: Military and Veterans Affairs and Homeland Security
Senate Committee: Senior Citizens and Veterans Affairs

Date Completed: 4-21-10

RATIONALE

Public Acts 148 and 149 of 2009, which include an effective date of July 1, 2010, amend the Occupational Code to establish a process for the disposition of unclaimed cremated remains (cremains) of deceased individuals, including veterans, and provide civil immunity for funeral directors and cemeteries who comply with those procedures. Under the 2009 legislation, a mortuary science licensee may release a list of names of unclaimed cremains to a federally chartered veterans service organization for confirmation of the deceased individuals' veteran status and arrange for the final disposition of the cremains with a veterans cemetery. Some veterans organizations would like to honor veterans whose cremains remain unclaimed in special Memorial Day services this year, so it has been suggested that the effective date of Public Acts 148 and 149 be changed to an earlier date.

CONTENT
House Bills 5899 and 5900 would change the effective date of Public Acts 149 and 148 of 2009, respectively, from July 1, 2010, to May 20, 2010.

ARGUMENTS (Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument Veterans service organizations and other veterans' advocates have embarked on a national effort to locate and identify the unclaimed cremains of veterans so those veterans can receive a proper final disposition. These advocates believe that the remains should be treated with honor and dignity, in recognition of the veterans' service and sacrifice. Public Acts 148 and 149 establish a procedure under which veterans' cremains can be identified and receive an appropriate final disposition. It would be fitting to honor and remember these members of the military on Memorial Day. By changing the effective date of Public Acts 148 and 149 to May 20, 2010, the bills would allow veterans' service organizations to proceed with the burial, entombment, or inurnment of unclaimed veterans' cremains on this national holiday.

Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bills would have no fiscal impact on State or local government.

Fiscal Analyst: Elizabeth Pratt
Maria Tyszkiewicz

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5899&5900/0910