194.360. Veterans, cremated remains--definitions--funeral establishment not liable for negligence, when, notice required.
Veterans, cremated remains--definitions--funeral establishment notliable for negligence, when, notice required.
194.360. 1. As used in this section the following terms shall mean:
(1) "Funeral establishment", as defined in section 333.011, RSMo, afuneral home, a funeral director, an embalmer, or an employee of any of theindividuals or entities;
(2) "Veterans' service organization", an association or other entityorganized for the benefit of veterans that has been recognized or charteredby the United States Congress, including the Disabled American Veterans,Veterans of Foreign Wars, the American Legion, the Legion of Honor, theMissing in America Project, and the Vietnam Veterans of America. The termincludes a member or employee of any of those associations or entities.
2. A funeral establishment is not liable for simple negligence in thedisposition of the cremated remains of a veteran to a veterans' serviceorganization for the purposes of interment* by that organization if:
(1) The remains have been in the possession of the funeralestablishment for a period of at least one year, all or any part of whichperiod may occur or may have occurred before or after August 28, 2009;
(2) The funeral establishment has given notice, as provided insubdivision (1) or (2) of subsection 3 of this section, to the personentitled to the remains under section 194.350 of the matters provided insubsection 4 of this section; and
(3) The remains have not been claimed by the person entitled to theremains under section 194.350 within the period of time provided for insubsection 4 of this section following notice to the person entitled to theremains under section 194.350.
3. In order for the immunity provided in subsection 2 of this sectionto apply, a funeral establishment shall take the following action, alone orin conjunction with a veterans' service organization, to provide notice tothe person entitled to the remains under section 194.350:
(1) Give written notice by mail to the person entitled to the remainsunder section 194.350 for whom the address of the person entitled to theremains under section 194.350 is known or can reasonably be ascertained bythe funeral establishment giving the notice; or
(2) If the address of the person entitled to the remains undersection 194.350 is not known or cannot reasonably be ascertained, givenotice to the person entitled to the remains under section 194.350 bypublication 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 inwhich the veteran died; or
(c) If the county in which the veteran died is unknown, in the countyin which the funeral establishment giving notice is located.
4. The notice required by subsection 3 of this section must include astatement to the effect that the remains of the veteran must be claimed bythe person entitled to the remains under section 194.350 within thirty daysafter 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 ofthe first publication of the notice provided for in subdivision (2) ofsubsection 3 of this section, as applicable, and that if the remains arenot claimed, the remains may be given to a veterans' service organizationfor interment*.
5. A veterans' service organization receiving cremated remains of aveteran from a funeral establishment for the purposes of interment* is notliable for simple negligence in the custody or interment* of the remains ifthe veterans' service organization inters and does not scatter the remainsand does not know and has no reason to know that the remains do not satisfythe requirements of subdivision (1) or (2) of subsection 3 of this section,as applicable.
6. A veterans' service organization accepting remains under thissection shall take all reasonable steps to inter the remains in a veterans'cemetery.
(L. 2009 H.B. 111 merged with H.B. 427)*Word "internment" appears in original rolls.