Section 194.360

Title XII PUBLIC HEALTH AND WELFARE

Chapter 194

Effective - 28 Aug 2009, 2 histories, see footnote   (history) 

  194.360.  Veterans, cremated remains — definitions — funeral establishment not liable for negligence, when, notice required. — 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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(L. 2009 H.B. 111 merged with H.B. 427)

*Word "internment" appears in original rolls.