H*4876(Rat #0482, Act #0346 of 1998)  General Bill, By J.L.M. Cromer
 A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO
 PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN
 A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO
 AUTHORIZE CREMATION OF A DECEDENT.

   03/24/98  House  Introduced and read first time HJ-51
   03/24/98  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-51
   05/20/98  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-85
   05/26/98  House  Read second time HJ-20
   05/27/98  House  Read third time and sent to Senate HJ-29
   05/27/98  Senate Introduced and read first time SJ-11
   05/27/98  Senate Referred to Committee on Judiciary SJ-11
   06/03/98  Senate Recalled from Committee on Judiciary
   06/03/98  Senate Read second time
   06/03/98  Senate Unanimous consent for third reading on next
                     legislative day
   06/04/98  Senate Read third time and enrolled SJ-30
   06/04/98         Ratified R 482
   06/08/98         Signed By Governor
   06/19/98         Effective date 06/08/98
   06/19/98         Copies available
   06/17/98         Act No. 346

AN ACT TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.

Be it enacted by the General Assembly of the State of South Carolina:

Persons who may serve as a decedent's agent; authorize cremation

SECTION 1. Section 32-8-320 of the 1976 Code, as added by Act 435 of 1994, is amended to read:

Section 32-8-320. (A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent:

(1) the person designated as agent for this purpose by the decedent in a will or other verified and attested document;

(2) the spouse of the decedent at the time of the decedent's death;

(3) the decedent's surviving adult children;

(4) the decedent's surviving parents;

(5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent.

(B) In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation:

(1) a person serving as executor or legal representative of the decedent's estate and acting according to the decedent's written instructions;

(2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State.

(C) If a dispute arises among persons of equal priority, as provided for in subsection (A), concerning the cremation of a decedent, the matter must be resolved by order of the probate court.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 8th day of June, 1998.