Bill Text: MN SF1936 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Cremated remains disinterment and reinterment written consent requirement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-20 - Referred to Health and Human Services [SF1936 Detail]
Download: Minnesota-2011-SF1936-Introduced.html
1.2relating to mortuary science; modifying disinterment and reinterment
1.3requirements for cremated remains;amending Minnesota Statutes 2010, sections
1.4149A.94, subdivision 4; 149A.96, subdivisions 1, 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 149A.94, subdivision 4, is amended to
1.7read:
1.8 Subd. 4. Cremation. Inurnment of cremated remains and release to an appropriate
1.9party is considered final disposition and no further permits or authorizations are required
1.10for transportation, interment, entombment, or placement of the cremated remains, except
1.11as provided insection sections
149A.95, subdivision 16 , and
149A.96 .
1.12 Sec. 2. Minnesota Statutes 2010, section 149A.96, subdivision 1, is amended to read:
1.13 Subdivision 1. Written authorization. Except as provided in this section, no dead
1.14human body or human remains, including cremated remains, shall be disinterred and
1.15reinterred without the written authorization of the person or persons legally entitled to
1.16control the body or remains and a disinterment-reinterment permit properly issued by the
1.17commissioner or a licensed mortician. Permits shall contain the information required on
1.18the permit form as furnished by the commissioner.
1.19 Sec. 3. Minnesota Statutes 2010, section 149A.96, subdivision 9, is amended to read:
1.20 Subd. 9. Cremated remains.Subject to section
149A.95, subdivision 16, inurnment
1.21of the cremated remains and release to an appropriate party is considered final disposition
1.22and no further permits or authorizations are required for disinterment, transportation, or
2.1placement of the cremated remains. (a) Cremated remains shall not be exhumed without
2.2the written consent of the following interested persons:
2.3(1) the person or persons with the right to control the remains, as provided in section
2.4149A.80, subdivision 2; and
2.5(2) the person or persons with burial rights for the grave site in the cemetery from
2.6which the remains would be exhumed, or the owner of the property from which the
2.7remains would be exhumed if the burial site is not in a cemetery.
2.8(b) If the person with the right to control the remains, as provided in section
2.9149A.80, subdivision 2, gifts a portion of the cremated remains to another, then that
2.10portion of the remains shall not be exhumed without the written consent of the person or
2.11persons who received the gift; and the person or persons with the burial rights for the
2.12grave site in the cemetery from which the remains would be exhumed, or the owner of the
2.13property from which the remains would be exhumed if the burial site is not in a cemetery.
2.14(c) Any exhumation of cremated remains must be carried out in a decent manner that
2.15promotes respect for and preserves the dignity of the human remains.
1.3requirements for cremated remains;amending Minnesota Statutes 2010, sections
1.4149A.94, subdivision 4; 149A.96, subdivisions 1, 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 149A.94, subdivision 4, is amended to
1.7read:
1.8 Subd. 4. Cremation. Inurnment of cremated remains and release to an appropriate
1.9party is considered final disposition and no further permits or authorizations are required
1.10for transportation, interment, entombment, or placement of the cremated remains, except
1.11as provided in
1.12 Sec. 2. Minnesota Statutes 2010, section 149A.96, subdivision 1, is amended to read:
1.13 Subdivision 1. Written authorization. Except as provided in this section, no dead
1.14human body or human remains, including cremated remains, shall be disinterred and
1.15reinterred without the written authorization of the person or persons legally entitled to
1.16control the body or remains and a disinterment-reinterment permit properly issued by the
1.17commissioner or a licensed mortician. Permits shall contain the information required on
1.18the permit form as furnished by the commissioner.
1.19 Sec. 3. Minnesota Statutes 2010, section 149A.96, subdivision 9, is amended to read:
1.20 Subd. 9. Cremated remains.
1.21
1.22
2.1
2.2the written consent of the following interested persons:
2.3(1) the person or persons with the right to control the remains, as provided in section
2.4149A.80, subdivision 2; and
2.5(2) the person or persons with burial rights for the grave site in the cemetery from
2.6which the remains would be exhumed, or the owner of the property from which the
2.7remains would be exhumed if the burial site is not in a cemetery.
2.8(b) If the person with the right to control the remains, as provided in section
2.9149A.80, subdivision 2, gifts a portion of the cremated remains to another, then that
2.10portion of the remains shall not be exhumed without the written consent of the person or
2.11persons who received the gift; and the person or persons with the burial rights for the
2.12grave site in the cemetery from which the remains would be exhumed, or the owner of the
2.13property from which the remains would be exhumed if the burial site is not in a cemetery.
2.14(c) Any exhumation of cremated remains must be carried out in a decent manner that
2.15promotes respect for and preserves the dignity of the human remains.
