(a) As used in this Code section, the term:
(1) "Veteran" means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans Affairs and who was discharged under conditions other than dishonorable.
(2) "Veterans' organization" means the Department of Veterans Service, the National Cemetery Administration's National Cemetery Scheduling Office, or any association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States Congress, such as the American Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America.
(b) The funeral director shall make a reasonable effort to determine whether any dead body submitted for final disposition by cremation is that of a deceased veteran.
(c) The funeral director shall, at the time the cremation authorization form is signed:
(1) Inquire as to whether the legally authorized person has information or belief as to whether the deceased is a veteran; and
(2) Notify the legally authorized person of the responsibilities of the funeral director under this Code section.
(d) If the funeral director is unable to determine with certainty whether the deceased was a veteran through an inquiry with the legally authorized agent, then any veterans' organization shall be allowed access to all information available from the United States Department of Veterans Affairs regarding the deceased in the possession of the funeral director in charge of the crematory so that any veterans' organization may attempt to determine whether the deceased is a veteran. If any veterans' organization that is allowed access to information pursuant to this Code section discovers that the deceased is a veteran, the veterans' organization shall notify the funeral director.
(e) (1) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, then such funeral director shall immediately notify the legally authorized person of such finding and shall advise that the deceased person may be eligible to be interred at an appropriate veterans' cemetery.
(2) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, and the cremated remains are not claimed by a legally authorized person, then the funeral director shall hold any such cremated remains for at least 60 days. After 60 days, the funeral director shall send written notice to the legally authorized person who signed the cremation authorization form requesting disposition instructions. If the funeral director does not receive a written response from the legally authorized person within 30 days of sending a written notice, then the funeral director shall contact a veterans' organization so that arrangements for the disposition of the cremated remains of the veteran may be made in a state or national veterans' cemetery.
(f) Nothing in this Code section shall delay the authorized cremation of a deceased's remains.
(g) (1) A funeral director complying with this Code section shall be immune from any criminal or civil liability regarding:
(A) The determination of a deceased's status as a veteran;
(B) The release of information relating to the determination of a deceased's status as a veteran;
(C) The availability of interment or inurnment for a deceased veteran; or
(D) The release of cremated remains to a veterans' cemetery.
(2) A funeral director shall be immune from civil liability for any act or omission under this Code section except for willful or wanton misconduct.
(h) A veterans' organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under this Code section except for willful or wanton misconduct.
Section: Previous 43-18-1 43-18-2 43-18-3 43-18-4 43-18-5 43-18-6 43-18-7 43-18-8 43-18-9Last modified: October 14, 2016