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HF 3138

as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 04:17pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to counties; authorizing a county board to ascertain whether the adult
next of kin of a decedent has sufficient funds to pay for funeral expenses before
the county assumes the responsibility; amending Minnesota Statutes 2009
Supplement, section 261.035.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 261.035, is amended to read:


261.035 CREMATION, BURIAL, AND FUNERALS AT EXPENSE OF
COUNTY.

When a person dies in any county without apparent means to provide for that
person's funeral or final disposition, the county board shall first investigate to determine
whether that person had contracted for any prepaid funeral arrangements. If prepaid
arrangements have been made, the county shall authorize arrangements to be implemented
in accord with the instructions of the deceased. If it is determined that the person did not
leave sufficient means to defray the necessary expenses of a funeral and final disposition,
deleted text begin nor anydeleted text end new text begin and did not leave anew text end spouse new text begin or adult next of kin new text end of sufficient ability to procure the
burial, the county board shall pay for cremation of the person's remains deleted text begin and the person's
burial or intermentdeleted text end new text begin .new text end If the spouse or next of kin does not want to take possession of the
ashesnew text begin , the county shall pay for the person's burial or intermentnew text end . If it is determined that
cremation is not in accordance with the decedent's personal preferences or the known
practices of the decedent's faith tradition or the personal preferences of the decedent's
spouse or the decedent's next of kin, the county board shall provide for a burial and
funeral. Any burial, funeral, and final disposition provided at the expense of the county
shall be in accordance with personal preferences or known practices of the decedent's faith
tradition or the personal preferences of the decedent's spouse or the decedent's next of kin.
If neither the wishes of the decedent nor the practices of the decedent's faith tradition are
known, and the county has no information about the existence of or location of any next of
kin, the county may provide for cremation of the person's remains and burial or interment.