Archive for the ‘Legislation’ Category

More on Missouri and Linda Smith

Friday, July 31st, 2009

Great article!!  Unfortunately, its formatting is worse thanwhat I go through here on Word Press! 

Head on over and take a look – http://www.waynesvilledailyguide.com/news/x198309037/Legislation-will-lay-many-to-rest

Illinois Passes Disposition of Veterans’ Cremains Act

Tuesday, July 28th, 2009

A message from our erstwhile cheerleader, Fred -

Everyone,

Yesterday the Governor of Illinois signed the MIAP friendly law and it is effective immediately.

One more success in our efforts to accomplish our mission.

IT IS THE RIGHT THING TO DO!

Thanks to everyone that helped keep this on track and successful.

Fred “Ducpho” Salanti

Missing in America Project

Executive Director

Website:  www.miap.us

 

 

From: Chris Brocksmith

WE HAVE A SIGNED LAW.

THANKS FOR YOUR HARD WORK BOGIE.

CHRIS

Updated Bills

HB0516 sponsored by Lisa M. Dugan

VETERANS-DISPOSITION CREMAINS

 

VETERANS-DISPOSITION CREMAINS

Creates the Disposition of Veterans’ Cremains Act. Provides that a funeral director must make a reasonable effort to determine whether a deceased person, whose remains have been submitted for final disposition by cremation, was a veteran of the armed services (“veteran”), a spouse of a veteran, or the dependent child of a veteran. If there is uncertainty regarding the deceased person’s status and no authorizing agent exists, the funeral director may allow the National Cemetery Administration’s National Cemetery Scheduling Office, 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 to have access to the cremains and all information regarding the deceased person in the possession of the funeral director so that the deceased person’s status may be determined. If the deceased person is identified as a veteran, spouse of a veteran, or dependent child of a veteran, requires the funeral director to notify the authorizing agent over the disposal of the cremains that the decedent may be eligible to be interred at a veterans’ cemetery. Provides that if the cremains are not claimed by an authorizing agent after one year and the authorizing agent then fails to respond within 30 days to the funeral director’s written request for disposition instructions, the funeral director must 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. Provides that a funeral director complying with this Act is immune from any criminal or civil liability regarding the release of information relative to the determination of the status as a veteran or any available interment as a veteran or for the release of the cremains to a veterans’ cemetery. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause and reinserts the original bill as introduced with the following changes: Changes the short title of the Act to the Disposition of Veterans’ Cremated Remains Act; replaces all references to “cremains” with “cremated remains”; provides that the Act shall apply to crematory authorities in addition to funeral directors; defines “crematory authority”; replaces “order of disposition for cremation” with “at-need cremation authorization”; provides that nothing in the Act shall apply to a pre-need cremation authorization until it becomes an at-need cremation authorization; provides that nothing in the Act shall delay the cremation of a deceased person’s remains as authorized by an at-need cremation authorization; provides that the funeral director or crematory authority must send written notice to an authorizing agent requesting disposition instructions after holding the cremated remains for 60 days in accordance with the Crematory Regulation Act; provides that the Act shall apply to inurnment in addition to interment; provides that a funeral director or crematory authority shall be immune from civil liability for any act or omission under the Act, except for willful or wanton misconduct; provides that a veterans organization or federally-chartered veterans service organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under the Act, except for willful or wanton misconduct; makes changes to the definition of “authorizing agent” and “veteran”.


Latest Actionsitems in red are new actions since the last update

  • 07/27/2009 – Governor Approved
  • 07/27/2009 – Public Act . . . . . . . . . 96-0081
  • 06/17/2009 – Sent to the Governor
  • 05/19/2009 – Passed Both Houses
  • 05/19/2009 – Third Reading – Passed; 058-000-000

 

 

 

More on Congressman Tiberi’s Bill

Tuesday, July 21st, 2009
(Apologies for the formatting.  As is usual, I cannot get the darn thing to format properly!!!)
Moberly Monitor-Index
Mon Jul 20, 2009, 01:22 PM CDT
——————————————————————————–
Moberly, Mo. -
An Ohio Congressman has introduced legislation designed to bolster an effort that has been backed by The American Legion to respectfully and reverently inter the unidentified or abandoned remains of scores of military veterans across the United States.
U. S. Representative, Pat Tiberi, R-Ohio, introduced a bill entitled the “Veterans Missing in America Act.” The American Legion, which is designed to assure the remains of unknown military veterans are no longer, left neglected and abandoned in funeral homes across America.
“It’s easy for the remains of veterans to slip through the cracks,” Tiberi said. “If there is no next of kin identified, these former military service members’ remains are often kept indefinitely at funeral homes, literally sitting on a shelf. This bill would help veterans service organizations (with the assistance of the Department of Veterans Affairs) identify these remains, and if proved to be qualifying veterans, ensure a proper burial in a National Cemetery, with the proper ceremony ensured to each military veteran,” Tiberi said.
“ The American Legion encourages adoption of this bill,” said David K. Rehbein, Legion National Commander, “Those who have served our country in uniform deserve special recognition and respect in death as well as in life.” Many volunteers for the ‘Missing in America Project’ are members of The American Legion. They request records from mortuaries with the aim of taking custody of abandoned veterans’ cremated remains and interring them with full military honors.
Most funeral homes are appreciative and open their doors wide, but some, especially the big chains, absolutely forbid their people to help. That’s where The American Legion is a tremendous asset, as a veterans service organization authorized by Congress and the nation, it commands a different level of respect.”
This information has been presented by The American Legion in conjunction with your friends at the local American Legion Post.

State Assembly Gives Final Approval to Veterans´ Bill

Sunday, July 12th, 2009
From http://www.californiachronicle.com/articles/view/109695
California Political Desk
SACRAMENTO: SB 469, from Senator Sam Aanestad (R-Grass Valley), is one step away from reaching the desk of Governor Schwarzenegger after receiving final and unanimous support on the Floor of the State Assembly. The measure would allow the administrator of the Northern California Veterans Cemetery (NCVC) to waive the $500 burial fee for interment of spouses or children of veterans eligible for burial in that cemetery if the administrator determines that the families of the spouses or children do not have the financial means to pay the fee. SB 469 would also apply to other state-run veteran´s cemeteries currently in the planning stages.

Private donations will cover the costs of these burials. The Aanestad measure would not place any additional demands on state taxpayers.

“I´d like to thank my colleagues in the State Assembly for their gracious and unwavering support for all California veterans and their families,” said Senator Aanestad. “For 119 years California has required counties to provide indigent veterans with a proper burial based on the premise that those who served their country deserved better than the anonymous obscurity of a mass grave that had been reserved for criminals in past centuries. That respect should also be extended to family members.”

The State of California owns and operates two veterans´ cemeteries, one at the Veterans Home of California-Yountville and one at the NCVC in Shasta County. The Veterans Home Cemetery receives no federal grant money and is open for the burial of the cremated remains of Veterans Home members only. The NCVC, which is the only state owned and operated veteran´s cemetery, is located near the community of Igo about ten miles south of the City of Redding. A third cemetery is also planned for the Ford Ord area in Monterey County.

Senator Aanestad´s legislation will enable the California Department of Veterans´ Affairs to waive burial fees for eligible veterans´ dependents in special circumstances where there are no available family resources to pay the fees. Without the proposed change under SB 469, the CDVA has no authority to waive burial fees, regardless of the circumstances. The NCVC has already turned away some family members because of the inability to pay the fee.

“Millions of Californians have risked their lives to defend this country through military service,” said Senator Aanestad. “They understand the price of our freedom. My legislation is one small way of telling these men and women that all of California appreciates their sacrifice.”

SB 469 has the support of the Vietnam Veterans of America, California State Council, California Department of the American Legion, California Detachment of the Sons of the American Legion, the Shasta County Veterans Affiliated Council plus the Missing in America Veterans Recovery Project.

Thank You, Governor Nixon!!

Saturday, July 4th, 2009

MISSOURI HB111 SIGNED

 Missouri House Bill 111 protecting funeral homes from litigation while working with the Missing in America Project was signed July 2, 2009 in Cape Girardeau, MO.  Governor Jay Nixon expounded on the Missing in America Project and our work with funeral homes and deceased veterans.

Among the many dignitaries present during the signing were General Larry Kay, Executive Director  of the Missouri’s Veteran’s Commission, Bryan Hunt and Daniel Bell also of the Veteran’s Commission, Senator Jason Crowell,  State Representative Darrell Pollock as well as out of state visitors.

A Note from Linda

Tuesday, June 30th, 2009

All

The Missouri MIAP law HB111 will be signed by Governor Jay Nixon on July 2, 2009 at 1230 at the Veterans Home in Cape Girardeau.  Address of the Veteran’s Home is 2400 Veterans Memorial Dr., Cape Girardeau, MO.   All MIAP volunteers are encouraged to attend to show support of our Project.  

 

LINDA SMITH
NATIONAL OPERATIONS COORDINATOR/BOD
MISSING IN AMERICA PROJECT

American Legion Backs Missing in America Project

Thursday, June 18th, 2009

Week of June 08, 2009

From Military.com

Ohio Congressman Pat Tiberi (R-OH) recently introduced a bill entitled the “Veterans Missing in America Act,” which bolsters an effort backed by The American Legion to respectfully and reverently inter the unidentified or abandoned remains of military veterans. In May, 2007, The American Legion formally endorsed the Missing in America Project (MIAP) – the genesis of Rep. Tiberi’s bill. MIAP volunteers, many of them members of The American Legion, request records from mortuaries with the aim of taking custody of abandoned veterans’ cremains (cremated remains) and interring them with military honors.  For more information, visit the Missing in America Project website.

Federal Bill – We need your help

Thursday, June 11th, 2009

http://www.govtrack.us/congress/bill.xpd?bill=h111-2642

 

This is exactly what is needed to fulfill MIAP’s mission to locate, identify and inter our forgotten veterans.

 

Please write your congressman/woman and ask that he/she support this bill. 

 

 

Tuesday, June 9th, 2009

From Fred:

All,

 

This is the proposed federal law introduced in Congress on May 21, 2009 as we motored to Arlington.

 

http://www.govtrack.us/congress/bill.xpd?bill=h111-2642

 

Please contact all your Congresspersons and Senators to support this Act.

 

This is what we have been working towards

 

Fred “Ducpho” Salanti

Missing in America Project

Executive Director

Website:  www.miap.us

Message from Ed – lawmakers need our help

Wednesday, June 3rd, 2009

From Ed Horn -

 

Below is the summary and proposed outline for New York State to revise legislation permitting identification and release of unclaimed cremated remains of Veterans to the NYSVA or suitable volunteer organizations for proper burial.

 

Congresswomen Carolyn Maloney, Assemblyman Michael Gianaris and Councilman James Sanders, Jr. are interested in aiding the MIAP achieve the goal of honoring all Veterans. They need to hear from you. Listed are the addresses for each of these leaders. Kindly contact them voicing your support.

 

Across the nation, unclaimed cremated remains of veterans have been abandoned.  They lie in rusting cans, on shelves, buried away in the basements of hospitals, funeral homes, crematories and other facilities.  It is believed that thousands of these remains are languishing, awaiting proper recognition and interment.

The Missing in America Project was established to work with those in possession of unclaimed cremated remains to identify veterans.  When identified as veterans the unclaimed cremated remains should be turned over to a government authority for interment.  This transfer and burial will insure the honor of those who served and fulfill the duty of a grateful nation.

To achieve the goal New York State law should be revised permitting the names, addresses and social security numbers of unclaimed cremated remains be released to the American Legion and other designated veterans organizations and volunteer organizations.  (Unclaimed remains may be defined as those not claimed for at least one year.)  Remains determined to be those of a veteran and eligible for burial in a military cemetery shall be transferred to the New York State Division of Veterans Affairs for proper military burial by the NYSDVA or a suitable volunteer organization. No liability shall attach to those in possession of unclaimed cremated remains in releasing information to identify veterans or for transferring said remains to the NYSVA or suitable volunteer organization for proper military burial.   

                                                                                                                                                                                    Ed Horn

 

Congresswoman Carolyn Maloney

2332 Rayburn House Office Building

Washington, DA 20515

Attn: Doug Farrar

 

NYS Assemblyman Michael Gianaris

21-77 31st Street

Suite 107

Astoria, NY 11105

 

Councilman James Sanders, Jr.

250 Broadway, 17th Fl.

New York, NY 10007