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HF 1880

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:45am

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 01/13/2012

Current Version - as introduced

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A bill for an act
 relating to mortuary science; modifying disinterment and reinterment
requirements for cremated remains; amending Minnesota Statutes 2010, sections
149A.94, subdivision 4; 149A.96, subdivisions 1, 9.

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

Section 1.

Minnesota Statutes 2010, section 149A.94, subdivision 4, is amended to
read:


Subd. 4.

Cremation.

Inurnment of cremated remains and release to an appropriate
party is considered final disposition and no further permits or authorizations are required
for transportation, interment, entombment, or placement of the cremated remains, except
as provided in deleted text begin sectiondeleted text end new text begin sectionsnew text end 149A.95, subdivision 16new text begin , and 149A.96new text end .

Sec. 2.

Minnesota Statutes 2010, section 149A.96, subdivision 1, is amended to read:


Subdivision 1.

Written authorization.

Except as provided in this section, no dead
human body or human remainsnew text begin , including cremated remains,new text end shall be disinterred and
reinterred without the written authorization of the person or persons legally entitled to
control the body or remains and a disinterment-reinterment permit properly issued by the
commissioner or a licensed mortician. Permits shall contain the information required on
the permit form as furnished by the commissioner.

Sec. 3.

Minnesota Statutes 2010, section 149A.96, subdivision 9, is amended to read:


Subd. 9.

Cremated remains.

deleted text begin Subject to section 149A.95, subdivision 16, inurnment
of the cremated remains and release to an appropriate party is considered final disposition
and no further permits or authorizations are required for disinterment, transportation, or
placement of the cremated remains. deleted text end new text begin (a) Cremated remains shall not be exhumed without
the written consent of the following interested persons:
 new text end

new text begin (1) the person or persons with the right to control the remains, as provided in section
149A.80, subdivision 2; and
 new text end

new text begin (2) the person or persons with burial rights for the grave site in the cemetery from
which the remains would be exhumed, or the owner of the property from which the
remains would be exhumed if the burial site is not in a cemetery.
 new text end

new text begin (b) If the person with the right to control the remains, as provided in section
149A.80, subdivision 2, gifts a portion of the cremated remains to another, then that
portion of the remains shall not be exhumed without the written consent of the person or
persons who received the gift; and the person or persons with the burial rights for the
grave site in the cemetery from which the remains would be exhumed, or the owner of the
property from which the remains would be exhumed if the burial site is not in a cemetery.
 new text end

new text begin (c) Any exhumation of cremated remains must be carried out in a decent manner that
promotes respect for and preserves the dignity of the human remains.
 new text end