HB3082 HFA Miley 3-1 #1

    Chairman Miley moves to amend the committee substitute on page seven, section twenty-two, by striking out the section in its entirety and inserting in lieu thereof the following:

Ҥ30-6-22. Disposition of body of deceased person; penalty.

    (a) No public officer, employee, physician or surgeon, or any other person having a professional relationship with the deceased, shall may send, or cause to be sent to any an any embalmer, funeral director or crematory operator the body of any a deceased without first inquiring the desires of the deceased by virtue of a last will and testament, advance directive or preened funeral contract; the surviving spouse, if he or she cohabitated with the deceased at the time of death; a person previously designated in a signed notarized writing by the deceased to make such a decision; Provided, That no person may be designated to serve in such capacity for more than one nonrelative at any one time, the next of kin, or any persons who may be chargeable with the funeral expenses of the deceased. If any next of kin or person can be found, his or her If there is no prior directive, designated individual or surviving spouse, then the authority and direction of any next of kin or persons who may be chargeable with the funeral expenses of the deceased shall be used as to the disposal of the body of the deceased.. The provisions of this subsection are not applicable if the remains of the decedent are subject to disposition pursuant to subsection (b) of this section.

    (b) Notwithstanding any provision of this code to the contrary, a United States Department of Defense Record of Emergency Data Form (DD Form 93) executed by a declarant who dies while serving in a branch of the United States Military as defined in 10 U.S.C. §1481 constitutes a valid form of declaration instrument and governs the disposition of the declarant’s remains. The person named in the form as the person authorized to direct disposition of the remains may arrange for the final disposition of the declarant’s last remains.

    (b)(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500, nor more than $1,000, or imprisoned confined in jail not less than ten days nor more than ninety days, or both fined and confined.”