as introduced - 90th Legislature (2017 - 2018) Posted on 05/01/2017 10:43am
A bill for an act
relating to health; modifying requirements for county payment of cremation, burial,
and funeral expenses;amending Minnesota Statutes 2016, section 261.035.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 261.035, is amended to read:
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, nor any spouse
of sufficient ability to procure the burial, the county board shall pay new text beginnew text end for cremation of the person's remains and the person's burial or interment if the spouse or
next of kin does not want to take possession of the ashes. 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 new text beginnew text endfor 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.