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Senate Bill 0562


Senate Bill 0562

ARCHIVE (2007)

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DIGEST OF SB562 (Updated April 18, 2007 2:23 pm - DI 84)


Authorization procedures for disinterment. Provides that the remains of a deceased human being shall not be removed from a cemetery without written consent from one of the following classes of individuals, in order of priority: (1) The spouse at the time of the deceased's death. (2) A surviving adult child of the deceased. (3) A surviving parent of the deceased. (3) An individual in the next degree of kinship to the deceased under state laws governing intestate succession. (Current law requires the written consent of the deceased's: (1) spouse; or (2) in the case of a deceased minor child, parents.) Specifies that if more than one individual in the same class survives the deceased, the requirement for written consent is satisfied if: (1) any individual in the class consents to the proposed removal; and (2) the state department of health (department) does not receive an objection to the removal from any other individual in the class. Makes conforming changes to provisions allowing: (1) the required consent to be waived under certain circumstances; (2) a coal company to remove human remains from property owned or leased by the coal company; and (3) the removal of human remains from a cemetery plot for the purpose of autopsy or reinterment, reentombment, or reinurnment in another cemetery. Eliminates provisions requiring the department to take certain actions before authorizing the removal of human remains. Provides that a: (1) licensed funeral director; or (2) cemetery owner; is not liable in an action brought by a person because of the removal of a deceased's remains unless the licensed funeral director or the cemetery owner had actual notice that a representation made in a required written consent was untrue. Specifies the order of need for a family burial plot and allows the living parents and children to terminate the status of a family burial plot. Allows a cemetery to terminate the rights and interests of the owner of the burial space if the burial space has: (1) remained unused for a period of at least 50 years from the date of sale or last recorded designation or transfer; and (2) not had improvements on the burial space. Makes it a Class C felony if a person knowingly or intentionally uses funds in a perpetual care fund, endowment care fund, or funeral trust for purposes other than the perpetual care fund, endowment fund, or funeral trust was established.
    Current Status:
     Law Enacted
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