2003 Legislation
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HOUSE BILL NO. 182 – Veterans remains, disposition

HOUSE BILL NO. 182

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Daily Data Tracking History



H0182.........................................................by STATE AFFAIRS
VETERANS - Amends and adds to existing law to authorize the release of the
unclaimed cremated remains of veterans to the Idaho Division of Veterans
Services or an Idaho chapter of a nationally chartered veterans service
organization; to provide procedures; to provide for the release of liability
under certain circumstances; and to authorize the Idaho Division of Veterans
Services to accept the cremated remains of deceased persons eligible for
interment at the state veterans cemetery, to apply for United States
Department of Veterans Affairs benefits for deceased veterans and to inter
eligible deceased persons in the state veterans cemetery.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to St Aff
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 65-0-5
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Robison, Sali, Sayler, Schaefer(Schaefer),
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Tilman, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Jaquet, Jones, Roberts, Rydalch, Mr. Speaker
    Floor Sponsor - Eskridge
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to St Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Inram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Bailey
    Title apvd - to House
03/04    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed
03/07    To Governor
03/13    Governor signed
         Session Law Chapter 53
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 182
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DISPOSITION OF UNCLAIMED VETERANS  REMAINS;  AMENDING  CHAPTER
  3        11,  TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-1144, IDAHO
  4        CODE, TO AUTHORIZE THE RELEASE OF THE UNCLAIMED CREMATED REMAINS  OF  VET-
  5        ERANS  TO THE IDAHO DIVISION OF VETERANS SERVICES OR AN IDAHO CHAPTER OF A
  6        NATIONALLY CHARTERED VETERANS SERVICES ORGANIZATION, TO PROVIDE PROCEDURES
  7        AND TO PROVIDE FOR THE RELEASE OF LIABILITY UNDER  CERTAIN  CIRCUMSTANCES;
  8        AND  AMENDING  SECTION 65-202, IDAHO CODE, TO AUTHORIZE THE IDAHO DIVISION
  9        OF VETERANS SERVICES TO ACCEPT THE CREMATED REMAINS  OF  DECEASED  PERSONS
 10        ELIGIBLE FOR INTERMENT AT THE STATE VETERANS CEMETERY, TO APPLY FOR UNITED
 11        STATES  DEPARTMENT  OF VETERANS AFFAIRS BENEFITS FOR DECEASED VETERANS AND
 12        TO INTER ELIGIBLE DECEASED PERSONS IN THE STATE VETERANS CEMETERY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 11, Title 54, Idaho Code, be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 54-1144, Idaho Code, and to read as follows:
                                                                        
 17        54-1144.  UNCLAIMED REMAINS OF VETERANS. (1) The division of veterans ser-
 18    vices may assume control over the cremated remains of a deceased person if:
 19        (a)  The decedent's remains have not been disposed of pursuant to a prear-
 20        ranged funeral plan as set forth in section 54-1139, Idaho Code;
 21        (b)  The persons vested with the right to control the disposition  of  the
 22        remains of a deceased person pursuant to section 54-1142, Idaho Code, have
 23        not  made final arrangements for the disposition of the remains within one
 24        (1) year following the deceased person's death or have not exercised  con-
 25        trol over those remains for a period of one (1) year; and
 26        (c)  The  division of veterans services certifies that the deceased person
 27        is eligible for interment at the  state  veterans  cemetery  as  an  armed
 28        forces member pursuant to the rules of the state veterans cemetery.
 29        (2)  An  Idaho chapter of a nationally chartered veterans services organi-
 30    zation may assume control over the cremated remains of a deceased person if:
 31        (a)  The decedent's remains have not been disposed of pursuant to a prear-
 32        ranged funeral plan as set forth in section 54-1139, Idaho Code;
 33        (b)  The persons vested with the right to control the disposition  of  the
 34        remains of a deceased person pursuant to section 54-1142, Idaho Code, have
 35        not  made final arrangements for the disposition of the remains within one
 36        (1) year following the deceased person's death or have not exercised  con-
 37        trol over those remains for a period of one (1) year; and
 38        (c)  The Idaho chapter of a nationally chartered veterans services organi-
 39        zation certifies that:
 40             (i)   The deceased person is an armed forces member as defined in the
 41             rules of the state veterans cemetery;
 42             (ii)  The  Idaho  chapter of a nationally chartered veterans services
 43             organization shall be solely responsible for the costs of  interment,
                                                                        
                                           2
                                                                        
  1             including the application for and receipt of any available governmen-
  2             tal benefits.
  3        (3)  There  shall  be  no  liability of a funeral establishment, mortuary,
  4    cemetery, crematory, or a related entity, a licensed  mortician,  or  licensed
  5    funeral  director, or any employee or agent thereof who transfers the cremated
  6    remains of a deceased person to the division of veterans services or an  Idaho
  7    chapter  of  a nationally chartered veterans services organization pursuant to
  8    the provisions of this section.
  9        (4)  There shall be no liability of the state of Idaho or any employee  or
 10    agent  thereof  related  to the transfer of the cremated remains of a deceased
 11    person to an Idaho chapter of a nationally chartered veterans services organi-
 12    zation or the interment of such remains pursuant to  the  provisions  of  this
 13    section.
                                                                        
 14        SECTION  2.  That  Section  65-202, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        65-202.  POWERS AND DUTIES. The administrator of the division of  veterans
 17    services  shall have full power and authority on behalf of the state of Idaho,
 18    in recognition of the services rendered by veterans of the armed forces of the
 19    United States, to:
 20        (1)  Oversee the management and operation of the  veterans  homes  in  the
 21    state  and  the  state  veterans cemetery, and provide care to veterans of the
 22    armed forces of the United States under such rules as  the  administrator  may
 23    from time to time adopt.
 24        (2)  Extend  financial relief and assistance to disabled or destitute war-
 25    time veterans and to those dependent upon such disabled or  destitute  wartime
 26    veterans  as  the  commission  shall determine to be reasonably required under
 27    such rules as the administrator may, from time to time, adopt.
 28        (3)  Collect benefits paid by the United  States  department  of  veterans
 29    affairs  for  burial and plot allowance for persons interred at the state vet-
 30    erans cemetery and the administrator is hereby directed to cause such benefits
 31    to be deposited in the veterans cemetery maintenance fund established in  sec-
 32    tion 65-107, Idaho Code.
 33        (4)  Prescribe, with the approval of the commission, the qualifications of
 34    all  personnel in accordance with the Idaho personnel system law. The adminis-
 35    trators in charge of state veterans homes and the office of veterans  advocacy
 36    shall  be considered nonclassified exempt employees pursuant to the provisions
 37    of chapter 53, title 67, Idaho Code, and shall serve at the  pleasure  of  the
 38    administrator of the division of veterans services.
 39        (5)  Accept  gifts,  grants, contributions and bequests of funds, and per-
 40    sonal property to the state of Idaho for the benefit of veterans of the  armed
 41    forces of the United States.
 42        (6)  Enter  into  contracts, within the limit of funds available therefor,
 43    acquire services and personal property, and do and perform any acts  that  may
 44    be necessary in the administration of services to veterans of the armed forces
 45    of the United States.
 46        (7)  Administer, with the advice and approval of the commission, moneys in
 47    the  veterans  cemetery  maintenance fund established in section 65-107, Idaho
 48    Code.
 49        (8)  In his discretion, assume control of the cremated remains of deceased
 50    persons qualified for interment in the  state  veterans  cemetery,  apply  for
 51    burial  and  plot  allowance  benefits paid by the United States department of
 52    veterans affairs for such deceased persons and inter  in  the  state  veterans
 53    cemetery  the  cremated remains of deceased persons qualified for interment in
                                                                        
                                           3
                                                                        
  1    the state veterans cemetery.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 12711 
This bill is necessary to authorize mortuaries and similar
entities to release the unclaimed remains of veterans to the
Idaho Division of Veterans Services or a nationally chartered
veterans services organization for interment in Idaho, and to
authorize the Idaho Division of Veterans Services to apply for
U.S. Department of Veterans Affairs benefits, and inter the
unclaimed remains.  Idaho veterans' organizations report that
many deceased veterans' remains are legally stored at mortuaries
and have not been claimed for interment by their heirs.  Neither
the mortuary nor the Idaho Division of Veterans Services
currently has authority to take the steps necessary to inter the
unclaimed remains.
                          FISCAL IMPACT
There will be a positive benefit to the Division as a result of
the burial benefits that will be provided by the Veterans
Administration.


Contact:
Name:  Rep. George Eskridge         Phone: 332-1270
       Rep. Fred Tilman             Phone: 332-1210
       Sen. Kent Bailey             Phone: 332-1345

       Richard W. Jones, Administrator
       Division of Veterans Services
Phone: 334-3513

STATEMENT OF PURPOSE/FISCAL NOTE                      H 182