On page 1, line 15, of the Senate Commerce and Energy Engrossed bill, delete " section" and insert " sections 1 and"
On page 1, line 15, of the Senate Commerce and Energy Engrossed bill, after "the" insert " duty to bury, find a grave for, and provide the grave of the deceased person with a permanent concrete, metal anchored in concrete, or stone marker, and the"
On page 2, line 25, of the Senate Commerce and Energy Engrossed bill, after "appointed;
(9) The " insert "person named as "
On page 2, line 25, of the Senate Commerce and Energy Engrossed bill, delete " of the estate" and insert " in the last will and testament"
On page 3, line 5, of the Senate Commerce and Energy Engrossed bill, after "right" insert " and duty"
On page 3, line 5, of the Senate Commerce and Energy Engrossed bill, after "right" insert " and that duty"
On page 3, line 6, of the Senate Commerce and Energy Engrossed bill, after "right" insert " and duty"
On page 3, line 14, of the Senate Commerce and Energy Engrossed bill, delete " decedent’s death" and insert " the date of possession of the decedent's remains by a funeral home"
On page 6, after line 5, of the Senate Commerce and Energy Engrossed bill, insert: "
Section 8. That § 34-26-1 be AMENDED:
34-26-1.
Every person has
the right to direct the manner in which his body or any part thereof
shall be disposed of after his death, and to direct the manner in
which any part of his body which becomes separated therefrom during
his lifetime shall be disposed of. The provisions of §§ 34-26-4
to 34-26-7,
inclusive,
of sections 2 to 7, inclusive, of this Act,
and of §§ 34-26-14
34-26-17 to
34-26-19,
inclusive, do not apply where such person has given directions for
the disposal of his body or any part thereof inconsistent with those
provisions."
On page 6, after line 5, of the Senate Commerce and Energy Engrossed bill, insert: "
Section 9. That § 34-26-17 be AMENDED:
34-26-17.
In case the person
upon whom the
right and duty
of burial is first cast by the provisions of
§ 34-26-16 omits to
section 2 of this Act does not
make
such
the burial
within a reasonable time, the duty devolves upon the person next
specified; and if all omit to act it devolves upon
the tenant, or if there is no tenant upon the owner of the premises
or master, or if there is no master upon the owner of the vessel in
which the death occurs or the body is found; and if all of these omit
to act it devolves upon
the county of the legal residence of the deceased,
and if no such residence is known, then upon the county where the
body is first found
dead, and
in all such cases the
said
county
shall have
has a legal
preferred claim against the estate of the decedent for the actual
expense incurred."
On page 6, after line 5, of the Senate Commerce and Energy Engrossed bill, insert: "
Section 10. That § 34-26A-2 be AMENDED:
34-26A-2.
The authorizing
agent is any person according to the priority established in
§ 34-26-16
section 2 of this Act
legally entitled to order the cremation of human remains
including a spouse, a parent, a child, or a close relative of the
deceased, or in the absence of any of these, a friend of the
deceased.
For an indigent or any other individual whose final disposition is
the responsibility of the state, a public official charged with
arranging the final disposition of the deceased may serve as the
authorizing agent. For an individual who has donated his body to
science, or whose death occurred in a private institution, and in
which the institution is charged with making arrangements for the
final disposition of the deceased, a representative of the
institution may serve as the authorizing agent."
On page 6, after line 5, of the Senate Commerce and Energy Engrossed bill, insert: "
Section 11. That § 55-11-1 be AMENDED:
55-11-1.
Before a person's
death,
he
the person or
someone on
his
the person's
behalf may direct
the location, manner, and conditions of disposition of the person's
remains, and the arrangements for funeral goods and services to be
provided upon the person's death, and contract
with another person for the purchase or rental of personal property
or professional services for the final disposition of
his
the person's
body. At least eighty‑five percent of all money paid under the
contract
shall
must be held in
a revocable or an irrevocable trust, at the purchaser's option. The
money
shall
must be held in
trust until the obligation of the contract is fulfilled according to
its terms or, if a revocable trust, the money is refunded to the
person who made the payments."
On page 6, after line 5, of the Senate Commerce and Energy Engrossed bill, insert: "
Section 12. That § 34-26-16 be REPEALED:
The
duty of burying the body of a deceased person and providing the grave
with a permanent concrete, metal anchored in concrete, or stone
marker devolves upon the persons hereinafter specified:
(1) If
the decedent was married the duty of burial devolves upon the husband
or wife;
(2) If
the decedent was not married but left any kindred, the duty of burial
devolves upon the person or persons in the same degree nearest of kin
to the decedent, being of adult age, and within this state and
possessed of sufficient means to defray the necessary expenses;
(3) If
the decedent left no husband or wife nor kindred answering the
foregoing description, the duty of burial devolves upon the coroner
conducting an inquest upon the body of the decedent, if any such
inquest is held; if none, then upon the person charged with the
support of the poor in the locality in which the death occurs."