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Assigned to CEM

FOR COMMITTEE

ARIZONA STATE SENATE


Fifty-First Legislature, Second Regular Session

FACT SHEET FOR H.B. 2332


unclaimed remains; veterans; burial Purpose Establishes a procedure for the identification and interment of a veterans unclaimed cremated remains. Background There are 36 Veterans Service Organizations (VSOs) recognized by the U.S. Department of Veterans Affairs (USDVA) that are Congressionally chartered for the purpose of preparation, presentation, and prosecution of veterans claims under laws administered by the USDVA. The Arizona Department of Veterans Services (ADVS) is recognized by the USDVA for the purpose of presentation of claims. ADVS administers three veterans cemeteries: the Southern Arizona Veterans Cemetery in Sierra Vista, the Northern Arizona Veterans Cemetery in Bellemont and the National Memorial Cemetery of Arizona in Phoenix. VSOs may assist in providing military funeral honors. Federal law requires that military funeral honors include an honors detail, the folding and presentation of the United States burial flag and the playing of Taps. A military funeral honors detail consists of two or more uniformed military persons, with at least one being a member of the veteran's parent service of the armed forces. Military funeral honors are made available on the request of the deceased veterans family. There is no anticipated fiscal impact to the state General Fund associated with this legislation Provisions 1. Allows an individual in possession of unclaimed cremated remains to release verification information associated with the remains to the USDVA or a VSO to ascertain if the remains are those of a veteran or veterans dependent eligible to be interred in a veterans cemetery, if the individual: a) has been in possession of the remains for at least one year; b) has not been contacted by others with the duty of burial to claim the remains; and c) made a reasonable effort to locate a relative of the decedent to claim the remains.

FACT SHEET H.B. 2332 Page 2 2. Allows an individual in possession of unclaimed cremated remains, upon verification that the remains belong to an eligible veteran or veterans dependent, to transfer the remains to a VSO. 3. Mandates a VSO that received a veterans cremated remains ensure the remains are interred in a veterans cemetery or transport the remains to a veterans cemetery for burial. 4. Immunizes an individual releasing or transferring a veterans cremated remains or information associated with the remains to the USDVA, a VSO or a veterans cemetery from civil liability for damages resulting from the release or transfer. 5. Exempts a VSO that inters or transports cremated remains to a veterans cemetery from civil liability for damages resulting from the interment.

6. Defines verification information and veterans service organization. 7. Makes technical and conforming changes. 8. Becomes effective on the general effective date. House Action PSMRA 3rd Read 2/12/14 3/4/14 DPA 7-0-0-1 54-1-5-0

Prepared by Senate Research March 17, 2014 JT/TL/tf

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