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ND HB1363

Bill

Status

Passed

4/5/2023

Primary Sponsor

Nico Rios

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code section 23-06-03 to establish priority order for who has duty of final disposition of a deceased person's body, starting with any legally competent adult designated by the deceased in a statement conforming with section 23-06-31.

  • Excludes surviving spouses from disposition authority if they have been arrested for, pled guilty to, or been found guilty of intentionally and feloniously killing the deceased, or if they admitted to or were charged with such killing.

  • Allows district courts to resolve disputes over disposition rights by considering reasonableness of arrangements, personal relationships between decedent and family members, decedent's expressed wishes, and participation opportunities for those wishing to pay respects.

  • Requires individuals with disposition duty to honor decedent's instructions contained in pre-need funeral arrangements, health care directives, powers of attorney, wills, or anatomical gift documents, unless instructions impose economic or emotional hardship.

  • Establishes procedures for human service zones to arrange and pay for indigent burials with minimum negotiated charges of $1,500 for burial services, and allows use of military caskets or urns for deceased veterans.

Legislative Description

The duty of final disposition.

Last Action

Filed with Secretary Of State 04/05

4/7/2023

Committee Referrals

State and Local Government2/13/2023
Judiciary1/12/2023

Full Bill Text

No bill text available