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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 - 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
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