Missouri Revised Statutes













Chapter 194

Death--Disposition of Dead Bodies

←194.350

Section 194.360.1

194.375→

August 28, 2015

Veterans, cremated remains--definitions--funeral establishment or coroner, authorized release of identifying information, to whom--release of remains, when--immunity from liability.

194.360. 1. As used in this section the following terms shall mean:



(1) "Funeral establishment", as defined in section 333.011, a funeral

home, a funeral director, an embalmer, or an employee of any of the

individuals or entities;



(2) "Identifying information", data required by the Department of

Veterans Affairs to verify a veteran or their dependent's eligibility for

burial in a national or state cemetery: name, service number, Social

Security number, date of birth, date of death, place of birth, and copy of

death certificate;



(3) "Veteran", a person honorably discharged from the Armed Forces of

the United States, including, but not limited to, the Philippine

Commonwealth Army, the Regular Scouts "Old Scouts", and the Special

Philippine Scouts "New Scouts", or a person who died while on active

military service with any branch of the Armed Forces of the United States;



(4) "Veterans' service organization", a veterans organization that is

federally chartered by the Congress of the United States, veterans' service

organization recognized by the Department of Veterans Affairs or that

qualifies as a Section 501(c)(3) or 501(c)(19), nonprofit tax exempt

organization under the Internal Revenue Code that is organized for the

verification and burial of veterans and dependents.



2. A funeral establishment or coroner in the possession of cremated

remains is authorized to release the identifying information to the

Department of Veterans Affairs or a veterans' service organization for the

purpose of obtaining verification of the veteran's or veterans' dependent's

eligibility for a military burial, interment, or scattering. When

verification of a veteran or dependent is completed, the funeral

establishment or coroner may release the remains to the veterans' service

organization who then may arrange for the burial, interment, or scattering

of the remains.



3. A funeral establishment or coroner who releases the identifying

information shall not be liable in any action regarding the release of the

identifying information and neither the funeral establishment, coroner, or

veterans' service organization shall be liable in any action stemming from

the final disposition, interment, burial, or scattering of remains released

to a veterans' service organization pursuant to this chapter so long as the

funeral establishment, prior to the burial, interment, or scattering of the

remains, follows the notification procedures for unclaimed cremated remains

as set out in subdivision (4) of section 194.350.



4. A veterans' service organization accepting remains under this

section shall take all reasonable steps to inter the remains in a veterans'

cemetery.



(L. 2009 H.B. 111 merged with H.B. 427, A.L. 2013 S.B. 186)





2009



2009



194.360. 1. As used in this section the following terms shall mean:







(1) "Funeral establishment", as defined in section 333.011, a funeral

home, a funeral director, an embalmer, or an employee of any of the

individuals or entities;







(2) "Veterans' service organization", an association or other entity

organized for the benefit of veterans that has been recognized or chartered

by the United States Congress, including the Disabled American Veterans,

Veterans of Foreign Wars, the American Legion, the Legion of Honor, the

Missing in America Project, and the Vietnam Veterans of America. The term

includes a member or employee of any of those associations or entities.







2. A funeral establishment is not liable for simple negligence in the

disposition of the cremated remains of a veteran to a veterans' service

organization for the purposes of interment* by that organization if:



(1) The remains have been in the possession of the funeral establishment

for a period of at least one year, all or any part of which period may occur

or may have occurred before or after August 28, 2009;



(2) The funeral establishment has given notice, as provided in

subdivision (1) or (2) of subsection 3 of this section, to the person

entitled to the remains under section 194.350 of the matters provided in

subsection 4 of this section; and



(3) The remains have not been claimed by the person entitled to the

remains under section 194.350 within the period of time provided for in

subsection 4 of this section following notice to the person entitled to the

remains under section 194.350.



3. In order for the immunity provided in subsection 2 of this section to

apply, a funeral establishment shall take the following action, alone or in

conjunction with a veterans' service organization, to provide notice to the

person entitled to the remains under section 194.350:



(1) Give written notice by mail to the person entitled to the remains

under section 194.350 for whom the address of the person entitled to the

remains under section 194.350 is known or can reasonably be ascertained by

the funeral establishment giving the notice; or



(2) If the address of the person entitled to the remains under section

194.350 is not known or cannot reasonably be ascertained, give notice to the

person entitled to the remains under section 194.350 by publication in a

newspaper of general circulation:



(a) In the county of the veteran's residence; or



(b) If the residence of the veteran is unknown, in the county in which

the veteran died; or



(c) If the county in which the veteran died is unknown, in the county in

which the funeral establishment giving notice is located.



4. The notice required by subsection 3 of this section must include a

statement to the effect that the remains of the veteran must be claimed by

the person entitled to the remains under section 194.350 within thirty days

after the date of mailing of the written notice provided for in subdivision

(1) of subsection 3 of this section or within four months of the date of the

first publication of the notice provided for in subdivision (2) of subsection

3 of this section, as applicable, and that if the remains are not claimed, the

remains may be given to a veterans' service organization for interment*.



5. A veterans' service organization receiving cremated remains of a

veteran from a funeral establishment for the purposes of interment* is not

liable for simple negligence in the custody or interment* of the remains if

the veterans' service organization inters and does not scatter the remains

and does not know and has no reason to know that the remains do not satisfy

the requirements of subdivision (1) or (2) of subsection 3 of this section, as

applicable.



6. A veterans' service organization accepting remains under this section

shall take all reasonable steps to inter the remains in a veterans' cemetery.



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