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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 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