Effective 5/8/2018 71-7-5 Veterans Remains Organization -- Funeral service establishments -- Liability -- State agency -- Responsibilities. (1) As used in this section:
(a) "Remains facility" means the same as a funeral service establishment defined in Section 58-9-102.
(b) "Status information" means a veteran or a veteran's dependent's name, date of birth, place of birth, date of death, Social Security number, military service number, branch of service, and military rank on date of death.
(c) "Veterans Remains Organization" means an entity recognized and authorized by the United States Veterans Administration and the National Personnel Records Center to verify and inter the unclaimed cremated remains of United States military veterans or a veteran's dependents.
(2) A veterans remains organization may contact a remains facility for the purpose of identifying any unclaimed cremated remains of a military veteran or a veteran's dependent.
(a) Upon contact with the remains facility, the organization shall: (i) provide identifying documentation to the remains facility; and (ii) with the permission of the remains facility, inventory any unclaimed cremated remains in
order to identify any remains of a veteran or a veteran's dependent. (b) The organization shall contact the National Personnel Records Center to determine if any of
the unclaimed cremated remains are: (i) a veteran's or a veteran's dependent's remains; and (ii) eligible for interment benefits.
(c) The organization shall claim any unclaimed cremated remains from a remains facility upon providing the facility with proof that the remains are those of a veteran or a veteran's dependent and are eligible for interment benefits.
(d) The organization shall make arrangements to inter the remains. (3) A remains facility:
(a) may allow a veterans remains organization, upon presentation of identification, to inventory unclaimed cremated remains;
(b) shall provide all status information in the remains facility's possession to a veterans remains organization;
(c) shall release any unclaimed cremated remains to a veterans remains organization upon presentation of documentation that the remains are of a veteran or a veteran's dependent who is eligible for burial in a state or national cemetery; and
(d) is not subject to civil liability for release of status information or release of the unclaimed cremated remains following the presentation of documentation indicating the remains are those of a veteran or a veteran's dependent and eligible for interment benefits.
(4) The Department of Veterans and Military Affairs shall, upon presentation of documentation that certain cremated remains in the possession of a veterans remains organization are those of a veteran or a veteran's dependent and eligible for interment benefits:
(a) authorize the interment of the cremated remains in a state veterans cemetery; and (b) provide assistance to the veterans remains organization in the interment process.
Amended by Chapter 39, 2018 General Session