HB 604
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 604 (Delegate Kipke)
Health and Government Operations Education, Health, and Environmental Affairs
Funeral Establishments and Crematories - Unclaimed Cremains of Veterans -
Notification, Disposition, and Reporting
This bill requires a licensed funeral establishment or crematory in possession of the
unclaimed cremains of a veteran or an eligible dependent for which a veterans service
organization has not taken possession to (1) notify the Maryland Department of Veterans
Affairs (MDVA) of the status of the cremains and (2) transfer the cremains to MDVA for
appropriate disposition.
Fiscal Summary
State Effect: MDVA expenditures (general, special, and federal funds) increase, likely by
a minimal amount, beginning in FY 2022 for costs associated with the disposition of
unclaimed cremains. Federal fund revenues increase to the extent dispositions are of
veteran cremains.
Local Effect: None.
Small Business Effect: Minimal.
Analysis
Current Law: Chapter 349 of 2015 requires a licensed funeral establishment or crematory
in possession of cremains that have been unclaimed for 90 or more days to provide
identifying information of the unclaimed cremains to a veterans service organization in
order for the organization to determine if the unclaimed cremains are those of a veteran or
an eligible dependent.
Within 45 days of receipt of the information, a veterans service organization must notify
the licensed funeral establishment or crematory whether the cremains are those of a veteran
or an eligible dependent and, if so, whether the veteran or eligible dependent is eligible for
burial in a veterans’ cemetery. If the unclaimed cremains are those of a veteran or an
eligible dependent, the licensed funeral establishment or crematory may transfer the
cremains to a veterans service organization for the purpose of disposition of the cremains.
A licensed funeral establishment or crematory that acts in good faith is not civilly liable
for transferring the unclaimed cremains of a veteran or an eligible dependent to a veterans
service organization for purposes of disposition. A veterans service organization that acts
in good faith is not civilly liable for receiving the unclaimed cremains of a veteran or an
eligible dependent for purposes of disposition.
A veteran must be a resident of Maryland to qualify for burial at a State veterans’ cemetery.
An eligible dependent of a veteran may also be eligible for burial at a State veterans’
cemetery if certain criteria are met.
State Fiscal Effect: MDVA expenditures (general, special, and federal funds) increase
beginning in fiscal 2022 for costs associated with the disposition of cremains of veterans
and eligible dependents. Any costs associated with interment of veteran cremains are
reimbursed by the U.S. Department of Veterans Affairs and, therefore, have no net impact
on the State as federal fund revenues increase commensurate with expenditures. MDVA
advises that the department can implement the bill’s provisions with existing resources.
Additional Information
Prior Introductions: SB 84 of 2020 passed in the Senate and had a hearing in the
House Health and Government Operations Committee, but no further action was taken.
Designated Cross File: SB 180 (Senator Simonaire) - Education, Health, and
Environmental Affairs.
Information Source(s): Maryland Department of Health; Maryland Department of
Veterans Affairs; Department of Legislative Services
Fiscal Note History: First Reader - January 22, 2021
an/jc Third Reader - March 18, 2021
Analysis by: Thomas S. Elder Direct Inquiries to:
(410) 946-5510
HB 604/ Page 2
(301) 970-5510
HB 604/ Page 3
Statutes affected: Text - First - Funeral Establishments and Crematories - Unclaimed Cremains of Veterans - Notification, Disposition, and Reporting: 7-406 Health Occupations
Text - Third - Funeral Establishments and Crematories - Unclaimed Cremains of Veterans - Notification, Disposition, and Reporting: 7-406 Health Occupations