HF 3490

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:29pm

A bill for an act
relating to public safety; prohibiting the sale of calcified human remains;
establishing a felony offense; proposing coding for new law in Minnesota Statutes,
chapter 609.

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

Section 1.

new text begin [609.84] SALE OF CALCIFIED HUMAN REMAINS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Human remains" means the calcified portion of a dead human body, not including
isolated teeth; the cremated remains of a dead human body deposited in a container or
discrete feature; or the hydrolyzed remains of a dead human body deposited in a container
or discrete feature.
new text end

new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (d) "Local organization for emergency management" has the meaning given in section
12.03, subdivision 6.
new text end

new text begin (e) "Search and rescue unit" means an organization, team, or individual authorized by
the state or federal government, a Tribal government, or by a county, city, town, or a
metropolitan airports commission organized and existing under sections 473.601 to 473.679
whose mission is to locate lost, missing, or trapped persons, victims of natural or other
disasters, and human bodies.
new text end

new text begin Subd. 2. new text end

new text begin Sale of calcified human remains prohibited; donation and
reimbursement. new text end

new text begin (a) Except as provided in paragraph (b), a person is prohibited from selling
calcified human remains or offering calcified human remains for sale.
new text end

new text begin (b) Paragraph (a) shall not be construed to limit the donation of human remains:
new text end

new text begin (1) to a licensed health care provider, an individual employed by or under contract with
a licensed health care provider, a public or private postsecondary educational institution,
or an individual employed by or under contract with a public or private postsecondary
educational institution, for legitimate medical or scientific purposes or for educational
purposes; or
new text end

new text begin (2) to a law enforcement agency, search and rescue unit, or local organization for
emergency management to conduct search and rescue training or to train dogs to locate
dead human bodies.
new text end

new text begin (c) Paragraph (a) does not apply to the sale or offer for sale of human remains that is
incidental to the sale of real property, including undisturbed burial plots, cemeteries, crypts,
or other burial features.
new text end

new text begin (d) Nothing in this section shall be construed to prohibit a person from recovering
reasonable expenses for the processing, preservation, quality control, storage, and
transportation, or final disposition of human remains for the legitimate purposes as described
in this section.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end