New Idaho law allows mortuaries to dispose of unclaimed ashes a year after the cremation
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IDAHO FALLS – A bill that defines what mortuaries can do with unclaimed ashes was signed into law.
HB 502, which allows funeral homes to respectfully dispose of unclaimed ashes within a year after the cremation, was signed by Gov. Brad Little on March 20 without any opposition in the House or Senate.
The law goes into effect immediately.
Rep. Stephanie Mickelsen, R-Idaho Falls, who represents most of Bonneville County in District 32, is the bill’s only sponsor. In January, she explained this issue hasn’t been clearly defined in state statute up to this point.
Kelby Dayley, funeral director at Coltrin Mortuary in Idaho Falls, brought this to her attention. The crematory has 10 urns with unclaimed ashes currently in storage. The oldest one dates back to 2013.
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Idaho statute 31-2802 specifies how the burial or cremation of unclaimed bodies in a coroner’s custody should be handled, but there hasn’t been a statute explaining how it works for mortuaries until now.
Funeral homes are liable to potential lawsuits if they dispose of cremains without permission from the family, forcing them to store the ashes indefinitely.
This bill gives them authority to dispose of ashes that remain unclaimed a year after the cremation. Funeral home directors are required to keep a record of the location and date of the disposal for at least 10 years.
Watch the House and Senate hearings for this bill in the video above.
Mickelsen is thrilled to see the bill enacted. Another bill she was working on this session, a proposal to give Idahoans the option of having an electronic driver’s license, failed to gain any traction in the Legislature.
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