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ND HB1294

Bill

Status

Passed

4/17/2017

Primary Sponsor

Jay Seibel

Click for details

Origin

House of Representatives

65th Legislative Assembly

AI Summary

HB 1294 Summary

  • Replaces terminology of "burial" and "burial-transit permit" with "final disposition" and "final disposition-transit permit" throughout North Dakota law to accommodate cremation, whole-body donation to medical schools, and other disposition methods beyond traditional burial.

  • Expands the priority order for individuals authorized to make final disposition decisions to include legally competent adults designated by the deceased, and clarifies that majority votes by family members in the same degree of relationship control disposition choices.

  • Allows district courts to determine final disposition authority when family members are estranged or when disputes arise, considering factors including reasonableness of arrangements, personal relationships, deceased's expressed wishes, and participation opportunities for mourning.

  • Changes intern embalmer educational requirement from two years of college to one year of college; updates references to funeral professionals from "funeral director" and "embalmer" to "funeral practitioner" throughout relevant statutes.

  • Makes violation of final disposition-transit permit requirements an infraction; maintains class B misdemeanor penalties for failure to comply with disposition timelines and class C felony penalties for purchasing human remains.

Legislative Description

Transportation and disposition upon death; and to provide a penalty.

Last Action

Signed by Governor 04/14

4/17/2017

Committee Referrals

Health and Human Services1/12/2017

Full Bill Text

No bill text available