Disposition of veterans’ cremated remains

(a) As used in this Code section, the term: (1) “Veteran” means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans 614 43-18-9 Affairs and who was discharged under conditions other than dishonorable. (2) “Veterans’ organization” means the Department of Veterans Service, the National Cemetery Administration’s National Cemetery Scheduling Office, or any association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States Congress, such as the American Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America. (b) The funeral director shall make a reasonable effort to determine whether any dead body submitted for final disposition by cremation is that of a deceased veteran. (c) The funeral director shall, at the time the cremation authorization form is signed: (1) Inquire as to whether the legally authorized person has information or belief as to whether the deceased is a veteran; and (2) Notify the legally authorized person of the responsibilities of the funeral director under this Code section. (d) If the funeral director is unable to determine with certainty whether the deceased was a veteran through an inquiry with the legally authorized agent, then any veterans’ organization shall be allowed access to all information available from the United States Department of Veterans Affairs regarding the deceased in the possession of the funeral director in charge of the crematory so that any veterans’ organization may attempt to determine whether the deceased is a veteran. If any veterans’ organization that is allowed access to information pursuant to this Code section discovers that the deceased is a veteran, the veterans’ organization shall notify the funeral director. (e)(1) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans’ organization, or otherwise, then such funeral director shall immediately notify the legally authorized person of such finding and shall advise that the deceased person may be eligible to be interred at an appropriate veterans’ cemetery. (2) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans’ organization, or otherwise, and the cremated remains are not claimed by a legally authorized person, then the funeral director shall hold any such cremated remains for at least 60 days. After 60 days, the funeral director shall send written notice to the legally authorized person who signed the cremation authorization form requesting disposition instructions. If the funeral director does 615 43-18-10 not receive a written response from the legally authorized person within 30 days of sending a written notice, then the funeral director shall contact a veterans’ organization so that arrangements for the disposition of the cremated remains of the veteran may be made in a state or national veterans’ cemetery. (f) Nothing in this Code section shall delay the authorized cremation of a deceased’s remains. (g)(1) A funeral director complying with this Code section shall be immune from any criminal or civil liability regarding: (A) The determination of a deceased’s status as a veteran; (B) The release of information relating to the determination of a deceased’s status as a veteran; (C) The availability of interment or inurnment for a deceased veteran; or (D) The release of cremated remains to a veterans’ cemetery. (2) A funeral director shall be immune from civil liability for any act or omission under this Code section except for willful or wanton misconduct. (h) A veterans’ organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under this Code section except for willful or wanton misconduct. History. Code 1981, § 43-18-9, enacted by Ga. L. 2012, p. 881, § 2/SB 372. Editor’s notes. Ga. L. 2012, p. 881, § 1/SB 372, not codified by the General Assembly, provides: “This Act shall be known as and may be cited as the ‘Disposition of Veterans’ Cremated Remains Act.’ ” 43-18-10. Investigation of complaints; notice of potential illegalities to Attorney General and local sheriff; review by Attorney General. Any complaints received by the board shall be investigated within 30 days of receipt. If such investigation shows that there may be a violation of Code Section 10-14-17 or 10-14-18 or any felony violation of state or federal criminal law, there shall be an affirmative obligation on behalf of the board to provide notice of such potential illegalities within seven days to the Attorney General’s office and to the sheriff’s office in the county in which any of the illegalities are believed to have occurred in whole or in part. Upon receiving such notification, the Attorney General shall within a reasonable time period not to exceed 60 days conduct a review of such complaint and provide the appropriate prosecuting attorney within any jurisdiction in which any illegalities are believed to have occurred, in whole or in part, with relevant 616 43-18-21 information uncovered during the course of the investigation that the prosecuting attorney requests. History. Code 1981, § 43-18-10, enacted by Ga. L. 2021, p. 382, § 3/HB 354. Effective date. This Code section became effective May 4, 2021. PART 2 STATE BOARD OF FUNERAL SERVICE 43-18-20. Continuation of board.