2005 Idaho Code - 54-1144 — UNCLAIMED REMAINS OF VETERANS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 11
                        MORTICIANS, FUNERAL DIRECTORS
                                AND EMBALMERS
    54-1144.  UNCLAIMED REMAINS OF VETERANS. (1) The division of veterans
services may assume control over the cremated remains of a deceased person if:
    (a)  The decedent's remains have not been disposed of pursuant to a
    prearranged funeral plan as set forth in section 54-1139, Idaho Code;
    (b)  The persons vested with the right to control the disposition of the
    remains of a deceased person pursuant to section 54-1142, Idaho Code, have
    not made final arrangements for the disposition of the remains within one
    (1) year following the deceased person's death or have not exercised
    control over those remains for a period of one (1) year; and
    (c)  The division of veterans services certifies that the deceased person
    is eligible for interment at the state veterans cemetery as an armed
    forces member pursuant to the rules of the state veterans cemetery.
    (2)  An Idaho chapter of a nationally chartered veterans services
organization may assume control over the cremated remains of a deceased person
if:
    (a)  The decedent's remains have not been disposed of pursuant to a
    prearranged funeral plan as set forth in section 54-1139, Idaho Code;
    (b)  The persons vested with the right to control the disposition of the
    remains of a deceased person pursuant to section 54-1142, Idaho Code, have
    not made final arrangements for the disposition of the remains within one
    (1) year following the deceased person's death or have not exercised
    control over those remains for a period of one (1) year; and
    (c)  The Idaho chapter of a nationally chartered veterans services
    organization certifies that:
         (i)   The deceased person is an armed forces member as defined in the
         rules of the state veterans cemetery;
         (ii)  The Idaho chapter of a nationally chartered veterans services
         organization shall be solely responsible for the costs of interment,
         including the application for and receipt of any available
         governmental benefits.
    (3)  There shall be no liability of a funeral establishment, mortuary,
cemetery, crematory, or a related entity, a licensed mortician, or licensed
funeral director, or any employee or agent thereof who transfers the cremated
remains of a deceased person to the division of veterans services or an Idaho
chapter of a nationally chartered veterans services organization pursuant to
the provisions of this section.
    (4)  There shall be no liability of the state of Idaho or any employee or
agent thereof related to the transfer of the cremated remains of a deceased
person to an Idaho chapter of a nationally chartered veterans services
organization or the interment of such remains pursuant to the provisions of
this section.