An Act To Allow the Unclaimed Remains of a Veteran To Have Proper Burial
Maine Legislature, Session 125, LD 1265
Committee: Veterans and Legal Affairs
Sponsors: FARNHAM, DAMON, PLOWMAN, LONGSTAFF, PARKER, VALENTINO, WINTLE
Amends: 22 MRSA §2900

Legislative Document 
No. 1265 
S.P. 386 
In Senate, March 23, 2011 
An Act To Allow the Unclaimed Remains of a Veteran To Have 
Proper Burial 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator FARNHAM of Penobscot. 
Cosponsored by Representative DAMON of Bangor and 
Senator: PLOWMAN of Penobscot, Representatives: LONGSTAFF of Waterville, PARKER 
of Veazie, VALENTINO of Saco, WINTLE of Garland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2900 is enacted to read: 
§2900.  Cremated remains of a veteran 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "National cemetery" means a cemetery under the control of the United States 
Department of Veterans Affairs, National Cemetery Administration. 
B.  "Veteran" means a person who served in and was honorably discharged from 
active duty: 
(1)  In the Armed Forces of the United States; 
(2)  In the Army or Air Force National Guard in a full-time status; or 
(3)  As a reservist in the Armed Forces of the United States. 
C.  "Veterans' service organization" means an association, corporation or other entity 
that qualifies under Section 501(c)(3) or Section 501(c)(19) of the United States 
Internal Revenue Code of 1986, as amended, as a tax-exempt organization that has 
been organized for the benefit of veterans and recognized or chartered by the United 
States Congress or a nonprofit corporation, association or entity that specifically 
assists in facilitating the identification and interment of unclaimed remains of 
veterans. 
2.  Cremated remains of veterans.  A funeral director or other authorized person 
who has held in the funeral director's or other authorized person's possession the cremated 
remains of a veteran for more than 120 days from the date of cremation may determine 
pursuant to the provisions of this section if the cremated remains are those of a veteran 
and, if the funeral director or other authorized person determines that the cremated 
remains are those of a veteran, the funeral director or other authorized person may 
dispose of the remains pursuant to this section. 
3.  Sharing information.  Notwithstanding any other provision of law, a funeral 
director or other authorized person under subsection 2 may share information concerning 
cremated remains in the funeral director's or other authorized person's possession with the 
United States Department of Veterans Affairs, a veterans' service organization or a 
national cemetery to determine whether the cremated remains are those of a veteran. 
4.  Disposition of veterans' remains.  If a funeral director or other authorized person 
determines that cremated remains in the funeral director's or other authorized person's 
possession are those of a veteran pursuant to this section and the funeral director or other 
authorized person has not received instructions as to the final disposition of the cremated 
remains from the person lawfully in control of the final disposition of the cremated 
remains, the funeral director or other authorized person may dispose of the cremated 
remains or relinquish possession of the cremated remains to a veterans' service 
organization pursuant to section 2843 and this subsection. The cremated remains of a 
veteran disposed of or relinquished pursuant to this subsection must be finally disposed of 
in a national cemetery or other government-owned or government-operated veterans' 
cemetery or in a cemetery or with a cemetery corporation under Title 13, chapter 83 
where veterans' graves are memorialized by a veterans' marker or that has a veterans' 
section. 
5.  Release from liability.  A funeral director, other authorized person or veterans' 
service organization is not liable and is released from any legal obligation other than a 
legal obligation imposed under this section regarding the release or sharing of 
information or the disposing of or relinquishing of the remains of a veteran, except in the 
case of gross negligence or willful misconduct. 
6.  Reimbursement.  The estate of a veteran whose remains are the subject of 
disposition under this section is responsible for reimbursing a funeral director, other 
authorized person or veterans' service organization for all reasonable expenses incurred in 
activities conducted under this section. 
7.  Record.  A funeral director or other authorized person shall maintain a record 
identifying a veterans' service organization that receives a veteran's remains from the 
funeral director or other authorized person under this section and of the site designated 
for final disposition of the veteran's remains relinquished or disposed of by the funeral 
director or other authorized person under this section. 
8.  Duty of funeral director or other authorized person.  This section does not 
require a funeral director or other authorized person to determine the veteran status of 
cremated remains in the funeral director's or other authorized person's possession or to 
relinquish or dispose of a veteran's remains in the funeral director's or other authorized 
person's possession pursuant to this section if the funeral director or other authorized 
person has a reasonable belief or is instructed by the person in lawful control of the 
disposition of the veteran's remains that the veteran did not desire a funeral, burial-related 
services or ceremonies recognizing the veteran as a veteran. 
SUMMARY 
This bill allows a funeral director or other authorized person to determine the veteran 
status of cremated remains left in the possession of the funeral director or other 
authorized person for over 120 days and, if the remains are those of a veteran, to 
relinquish control of or dispose of the remains to a veterans' service organization to be 
finally disposed of in a national cemetery or other cemetery that memorializes or 
recognizes the graves of veterans.