Current Status Introducing Body:Senate Bill Number:1170 Primary Sponsor:Lourie Committee Number:13 Type of Legislation:GB Subject:Cremation, provisions Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:BR1/1967.AC Introduced Date:Jan 15, 1992 Last History Body:Senate Last History Date:Jan 15, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Lourie Giese Passailaigue Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1170 Senate Jan 15, 1992 Introduced, read first time, 13
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE CONDITIONS FOR CONSENT TO HAVE THE BODY OF A DEAD PERSON CREMATED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 43, Title 44 of the 1976 Code is amended by adding:
Section 44-43-1310. (A) A person who desires to be cremated may express this desire in a written instrument, the person's last will and testament, or a codicil to the last will and testament. This provision becomes effective immediately upon the death of the person and in the case of a last will and testament or a codicil the provision becomes effective whether or not it has been accepted for probate so long as it has not been rejected.
(B) If there is no provision in a person's last will and testament or another instrument expressing a desire to be cremated, a person may consent to the cremation of the body of the dead person:
(1) in the order of priority according to subsection (C), when persons in prior classes are not available at the time of death;
(2) in the absence of actual notice of contrary indications by the deceased; and
(3) in the absence of actual notice of opposition by a member of the same or a prior class.
(C) Pursuant to subsection (B), consent may be given by a person in the following order of priority:
(1) the spouse of the deceased unless separated pursuant to an order of the court at the time of death;
(2) an adult child of the deceased;
(3) a parent of the deceased;
(4) another person authorized or under obligation to dispose of the body.
(D) There is a presumption that there is no indication by the deceased contrary to cremation or opposition by a person authorized pursuant to subsection (B) to consent to a cremation if a person licensed in this State to dispose of a body by cremation has not received in writing notice of a contrary indication or opposition within twenty-four hours of the death of the deceased.
(E) (1) A person who in good faith consents to the cremation of the body of a dead person pursuant to this section is not subject to civil or criminal liability on account of giving this consent.
(2) A person who is licensed in this State to dispose of a body by cremation who in good faith relies on a consent given pursuant to this section is not subject to civil or criminal liability or disciplinary penalty on account of relying on the consent.
(3) A person who is licensed in this State to dispose of a body by cremation who in accordance with the requirements of subsection (D) relies upon the presumption created by that subsection is not subject to civil or criminal liability on account of relying on that presumption."
SECTION 2. This act takes effect upon approval by the Governor.