AN ACT CONCERNING DISPOSITION OF UNCLAIMED CREMATED REMAINS BY FUNERAL DIRECTORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2005) (a) If the person responsible for making funeral arrangements for a decedent requests the disposal of the deceased body by cremation, the funeral director shall complete a written form approved by the Board of Examiners of Embalmers and Funeral Directors which contains the following information: (1) The name and address of the funeral service business that is responsible for the disposal of the deceased body; (2) the name of the decedent; (3) the place and time of the cremation; (4) the name of the licensed funeral director or embalmer; (5) the name and address of the person responsible for making funeral arrangements; (6) a summary of the disposition, in accordance with section 2 of this act, of the cremated remains, if unclaimed; and (7) a statement indicating the disposition of the cremated remains requested by the person responsible for making funeral arrangements. Such form shall be signed and dated by the person responsible for making funeral arrangements for the decedent and the funeral director. A copy of the signed form shall be provided to the person responsible for making funeral arrangements for the decedent. The original signed form shall be retained at the funeral service business.

(b) Upon completion of disposition of the cremated remains, the funeral director shall record, on a form approved by the Board of Examiners of Embalmers and Funeral Directors, the following information: (1) The date of cremation and the name and location of the crematory, (2) the date, location and manner of disposition of the cremated remains, and (3) the signature of the person making the disposition of the cremated remains. Such form shall be retained at the funeral service business and shall also be filed with the town clerk of the municipality in which the death occurred as part of the death certificate filed pursuant to section 7-62b of the general statutes.

Sec. 2. (NEW) (Effective July 1, 2005) (a) If the cremated remains are not accepted by another person in accordance with the requested disposition of the cremated remains on the form required by subsection (a) of section 1 of this act, the funeral director may dispose of such cremated remains by: (1) Burial in a cemetery, or (2) storage in a crypt of a mausoleum or columbarium, provided notice has been sent to the person responsible for making the funeral arrangements and the person responsible for claiming the cremated remains, if different from the person signing the form, in accordance with the provisions of subsection (b) of this section. Upon such disposal of the cremated remains, the funeral director shall record the disposal in accordance with the provisions of subsection (b) of section 1 of this act.

(b) If, because of the failure of the person responsible for claiming the cremated remains to accept such remains, a funeral director possesses cremated remains for more than one hundred eighty days after the date of cremation, such embalmer or funeral director shall provide notice, by certified mail, to the person who signed the form required by subsection (a) of section 1 of this act and the person responsible for claiming such remains, if different from the person signing the form. Such notice shall provide that if the cremated remains are unclaimed for more than ninety days after receipt of such notice, such remains will be disposed of in accordance with subsection (a) of this section.

(c) Any cremated remains in the possession of a funeral director on July 1, 2005, may be disposed of in the manner set out in subsection (a) of this section provided the funeral director has made a reasonable attempt to notify the person who made the funeral arrangements or a relative of the decedent. Such notice shall provide that if the cremated remains are unclaimed for more than one hundred eighty days after receipt of such notice, the remains will be disposed of in accordance with subsection (a) of this section.

(d) Any funeral director who disposes of cremated remains in accordance with the provisions of this section shall not be liable in any civil action arising from the disposal of such cremated remains.

Statement of Purpose:

To establish a process for the disposition of unclaimed cremated remains by funeral directors.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

H.B. 5799