|
|
To amend section 4717.27 of the Revised Code to give | 1 |
the right of disposal to the United States | 2 |
Secretary of Veterans Affairs regarding unclaimed | 3 |
cremated remains of persons who are entitled to | 4 |
be buried in a national cemetery. | 5 |
Section 1. That section 4717.27 of the Revised Code be | 6 |
amended to read as follows: | 7 |
Sec. 4717.27. (A) The authorizing agent who executed the | 8 |
cremation authorization form authorizing the cremation of a | 9 |
decedent under section 4717.24 of the Revised Code or the | 10 |
cremation of body parts under section 4717.25 of the Revised Code | 11 |
is ultimately responsible for the final disposition of the | 12 |
cremated remains of the decedent or body parts. | 13 |
(B) If the cremation authorization form does not contain | 14 |
instructions for the final disposition of the cremated remains of | 15 |
the decedent or body parts, if no arrangements for the disposition | 16 |
of the cremated remains are made within thirty days after the | 17 |
completion of the cremation, and if the cremated remains have not | 18 |
been picked up within that thirty-day period by the person | 19 |
designated to receive them on the authorization form or, in the | 20 |
absence of such a designated person, by the authorizing agent, the | 21 |
operator of the crematory facility or the funeral home holding the | 22 |
unclaimed cremated remains, at the end of that thirty-day period, | 23 |
may release or deliver them in person to, or cause their delivery | 24 |
by a method described in division (I) of section 4717.26 of the | 25 |
Revised Code that is acceptable under that division to, the person | 26 |
designated to receive them on the cremation authorization form or, | 27 |
if no person has been so designated, to the authorizing agent. | 28 |
(C)(1) If the cremation authorization form does not contain | 29 |
instructions for the final disposition of the cremated remains of | 30 |
the decedent or body parts, if no arrangements for the final | 31 |
disposition of the cremated remains are made within sixty days | 32 |
after the completion of the cremation, and if the cremated remains | 33 |
have not been picked up by the person designated on the | 34 |
authorization form to receive them or, in the absence of such a | 35 |
designated person, by the authorizing agent, the operator of the | 36 |
crematory facility or the funeral home holding the unclaimed | 37 |
cremated remains may dispose of the cremated remains in a grave, | 38 |
crypt, or niche at any time after the end of that sixty-day | 39 |
period. | 40 |
(2) If the cremation authorization form specifies the manner | 41 |
of the final disposition of the cremated remains, or if within | 42 |
sixty days after the completion of the cremation the authorizing | 43 |
agent makes arrangements for the final disposition of the cremated | 44 |
remains, and if either the arrangements have not been carried out | 45 |
within that sixty-day period because of the inaction of a party | 46 |
other than the operator of the crematory facility or the funeral | 47 |
home holding the unclaimed cremated remains, or the authorizing | 48 |
agent fails to pick up the cremated remains within that sixty-day | 49 |
period, the operator of the crematory facility or the funeral home | 50 |
holding the unclaimed cremated remains may dispose of the cremated | 51 |
remains in a grave, crypt, or niche at any time after the end of | 52 |
that period. | 53 |
(3) If cremated remains of a decedent who was eighteen years | 54 |
or older at the time of death are unclaimed under divisions (C)(1) | 55 |
and (2) of this section, the operator of the crematory facility | 56 |
or the funeral home holding the cremated remains shall, before | 57 |
disposing of the unclaimed cremated remains, notify the secretary | 58 |
of the United States department of veterans affairs of the name | 59 |
of, and other identifying information related to, the decedent. | 60 |
If, within sixty days of the notification, the secretary of the | 61 |
department of veterans affairs notifies the crematory facility or | 62 |
funeral home that the decedent was a veteran who is eligible for | 63 |
burial in a national cemetery under the control of the national | 64 |
cemetery administration and that the secretary agrees to provide | 65 |
for the cost of the transportation and burial of the unclaimed | 66 |
cremated remains in a national cemetery, the crematory facility or | 67 |
funeral home shall follow the directions of the secretary and | 68 |
arrange for the burial of the unclaimed remains in the national | 69 |
cemetery at the secretary's expense. If the secretary does not | 70 |
assume the right to direct the burial of the unclaimed remains | 71 |
within sixty days of the notification by the crematory facility or | 72 |
funeral home, the crematory facility or funeral home may carry out | 73 |
the disposition of the unclaimed remains under divisions (C)(1) | 74 |
and (2) of this section. | 75 |
(4) When cremated remains are disposed of in accordance with | 76 |
division (C)(1) or (2) of this section, the authorizing agent who | 77 |
executed the cremation authorization form authorizing the | 78 |
cremation of the decedent or body parts under section 4717.24 or | 79 |
4717.25 of the Revised Code is liable to the operator of the | 80 |
crematory facility or the funeral home for the cost of the final | 81 |
disposition, which cost shall not exceed the reasonable cost for | 82 |
disposing of the cremated remains in a common grave or crypt in | 83 |
the county where the cremated remains were buried or placed in a | 84 |
crypt or niche. | 85 |
(D)(1) Except as provided in division (D)(2) of this section, | 86 |
no person shall do either of the following: | 87 |
(a) Dispose of the cremated remains of a dead human body or | 88 |
body parts in such a manner or in such a location that the | 89 |
cremated remains are commingled with those of another decedent or | 90 |
body parts removed from another decedent or living person; | 91 |
(b) Place the cremated remains of more than one decedent or | 92 |
of body parts removed from more than one decedent or living person | 93 |
in the same urn or temporary container. | 94 |
(2) Division (D)(1) of this section does not prohibit any of | 95 |
the following: | 96 |
(a) The scattering of cremated remains at sea or by air or in | 97 |
a dedicated area at a cemetery used exclusively for the scattering | 98 |
on the ground of the cremated remains of dead human bodies or body | 99 |
parts. | 100 |
(b) The commingling of the cremated remains of more than one | 101 |
decedent or of body parts removed from more than one decedent or | 102 |
living person or the placement in the same urn or temporary | 103 |
container of the cremated remains of more than one decedent or of | 104 |
body parts removed from more than one decedent or living person | 105 |
when each authorizing agent who executed the cremation | 106 |
authorization form authorizing the cremation of each of the | 107 |
decedents or body parts removed from each of the decedents or | 108 |
living persons under section 4717.21, 4717.24, or 4717.25 of the | 109 |
Revised Code authorized the commingling of the cremated remains or | 110 |
the placement of the cremated remains in the same urn or temporary | 111 |
container on the authorization form. | 112 |
(c) The commingling, by the individual designated on the | 113 |
cremation authorization form authorizing the cremation of the | 114 |
decedent or body parts to receive the cremated remains, other than | 115 |
a funeral director or employee of a cemetery, or by the | 116 |
authorizing agent who executed the cremation authorization form, | 117 |
after receipt of the cremated remains, of the cremated remains | 118 |
with those of another decedent or of body parts removed from | 119 |
another decedent or living person or the placing of them by any | 120 |
such person in the same urn or temporary container with those of | 121 |
another decedent or of body parts removed from another decedent or | 122 |
living person. | 123 |
Section 2. That existing section 4717.27 of the Revised Code | 124 |
is hereby repealed. | 125 |