S*1028(Rat #0289, Act #0221 of 2010)  General Bill, By Leventis

Similar(H 4438, H 4706)
 AN ACT TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE
 CREMATION, SO AS ALSO TO PERMIT A PERSON NAMED IN THE DECEDENT'S DEPARTMENT OF
 DEFENSE RECORD OF EMERGENCY DATA FORM (DD FORM 93), OR ITS SUCCESSOR FORM, TO
 AUTHORIZE CREMATION IF THE DECEDENT DIED WHILE SERVING IN ANY BRANCH OF THE
 UNITED STATES ARMED SERVICES AND THERE IS NO KNOWN DESIGNATION IN THE WILL OR
 OTHER VERIFIED AND ATTESTED DOCUMENT OF THE DECEDENT; AND TO AMEND SECTION
 40-19-280, AS AMENDED, RELATING TO, AMONG OTHER PROVISIONS, THE REQUIREMENT OF
 CONTACT WITH THE NEXT-OF-KIN OR OTHER PERSONS RESPONSIBLE FOR FUNERAL
 ARRANGEMENTS BEFORE A DECEDENT'S REMAINS MAY BE REMOVED TO A FUNERAL
 ESTABLISHMENT, SO AS TO INCLUDE A PERSON NAMED BY THE DECEDENT IN HIS DD FORM
 93 AS A PERSON REQUIRED TO BE CONTACTED IF THE DECEDENT DIED WHILE SERVING IN
 ANY BRANCH OF THE UNITED STATES ARMED SERVICES. - ratified title

   01/12/10  Senate Introduced and read first time SJ-60
   01/12/10  Senate Referred to Committee on Judiciary SJ-60
   01/19/10  Senate Referred to Subcommittee: Campbell (ch), Cleary,
                     Williams, Mulvaney, Nicholson
   03/03/10  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   03/04/10  Senate Committee Amendment Adopted SJ-26
   03/04/10  Senate Read second time SJ-26
   03/09/10  Senate Read third time and sent to House SJ-20
   03/09/10  House  Introduced and read first time HJ-66
   03/09/10  House  Referred to Committee on Judiciary HJ-66
   05/20/10  House  Committee report: Favorable Judiciary HJ-3
   05/25/10  House  Read second time HJ-37
   05/26/10  House  Read third time and enrolled HJ-10
   06/02/10         Ratified R 289
   06/08/10         Signed By Governor
   06/15/10         Effective date 06/08/10
   06/17/10         Act No. 221

(A221, R289, S1028)

AN ACT TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS ALSO TO PERMIT A PERSON NAMED IN THE DECEDENT'S DEPARTMENT OF DEFENSE RECORD OF EMERGENCY DATA FORM (DD FORM 93), OR ITS SUCCESSOR FORM, TO AUTHORIZE CREMATION IF THE DECEDENT DIED WHILE SERVING IN ANY BRANCH OF THE UNITED STATES ARMED SERVICES AND THERE IS NO KNOWN DESIGNATION IN THE WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT OF THE DECEDENT; AND TO AMEND SECTION 40-19-280, AS AMENDED, RELATING TO, AMONG OTHER PROVISIONS, THE REQUIREMENT OF CONTACT WITH THE NEXT-OF-KIN OR OTHER PERSONS RESPONSIBLE FOR FUNERAL ARRANGEMENTS BEFORE A DECEDENT'S REMAINS MAY BE REMOVED TO A FUNERAL ESTABLISHMENT, SO AS TO INCLUDE A PERSON NAMED BY THE DECEDENT IN HIS DD FORM 93 AS A PERSON REQUIRED TO BE CONTACTED IF THE DECEDENT DIED WHILE SERVING IN ANY BRANCH OF THE UNITED STATES ARMED SERVICES.

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

Authorization of cremation

SECTION    1.    Section 32-8-320 of the 1976 Code 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, or a person named in the decedent's United States Department of Defense Record of Emergency Data Form (DD Form 93), or its successor form, if the decedent died while serving in any branch of the United States Armed Services, as defined in 10 U.S.C. Section 1481, and there is no known designation in a will or other verified and attested document of the decedent;

(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 creation of a decedent, the matter must be resolved by order of the probate court."

Person required to be contacted

SECTION    2.    Section 40-19-280(B) of the 1976 Code is amended to read:

"(B)    No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with a decedent may send or cause to be sent to a funeral establishment or to a person licensed for the practice of funeral service the remains of a deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent, such as the person named in the decedent's United States Department of Defense Record of Emergency Data Form (DD Form 93), or its successor form, if the decedent died while serving in any branch of the United States Armed Services, as defined in 10 U.S.C. Section 1481. If any kin is found, authority and directions of the kin govern except in those instances where the deceased made prior arrangements in writing, such as the aforementioned Record of Emergency Data."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2010.

Approved the 8th day of June, 2010.