SF 2241

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to decedents; providing for disposition of 
  1.3             bodies, funerals, and burial arrangements in certain 
  1.4             cases; amending Minnesota Statutes 1994, sections 
  1.5             261.035; 390.11, subdivision 3; and 390.32, 
  1.6             subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 261.035, is 
  1.9   amended to read: 
  1.10     261.035 [FUNERALS AT EXPENSE OF COUNTY.] 
  1.11     When a person dies in any county without apparent means to 
  1.12  provide for that person's funeral or final disposition, the 
  1.13  county board shall first investigate to determine whether that 
  1.14  person had contracted for any prepaid funeral arrangements.  If 
  1.15  arrangements have been made, the county shall authorize 
  1.16  arrangements to be implemented in accord with the instructions 
  1.17  of the deceased.  If it is determined that the person did not 
  1.18  leave sufficient means to defray the necessary expenses of a 
  1.19  funeral and final disposition, nor any spouse of sufficient 
  1.20  ability to procure the burial, the county board shall provide 
  1.21  for a funeral and final disposition of the person's remains to 
  1.22  be made at the expense of the county.  Any funeral and final 
  1.23  disposition provided at the expense of the county shall be in 
  1.24  accordance with religious and moral beliefs of the decedent or 
  1.25  the decedent's spouse or the person named executor or personal 
  1.26  representative in the decedent's will, or if there is no spouse 
  2.1   and no named executor or personal representative, then the 
  2.2   decedent's next of kin.  If the wishes of the decedent are not 
  2.3   known or if there is no named executor or personal 
  2.4   representative in the decedent's will and the county has no 
  2.5   information about the existence of or location of any next of 
  2.6   kin, the county may determine the method of final disposition. 
  2.7      Sec. 2.  Minnesota Statutes 1994, section 390.11, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [OTHER DEATHS; AUTOPSIES; EXHUMATION; CONSENT.] 
  2.10  The coroner may conduct an autopsy in the case of any human 
  2.11  death referred to in subdivision 1, clause (3) or (4), or may 
  2.12  exhume any human body and perform an autopsy on it in the case 
  2.13  of any human death referred to in subdivision 1 when the coroner 
  2.14  judges that the public interest requires an autopsy.  No autopsy 
  2.15  shall be conducted unless the surviving spouse, or next of kin 
  2.16  if there is no surviving spouse, the person named as executor or 
  2.17  personal representative in the decedent's will, or if there is 
  2.18  no surviving spouse and no named executor or personal 
  2.19  representative, then the next of kin consents to it, or the 
  2.20  district court of the county where the body is located or 
  2.21  buried, upon notice as the court directs, enters an order 
  2.22  authorizing an autopsy or an exhumation and autopsy.  
  2.23  Application for an order may be made by the coroner or by the 
  2.24  county attorney of the county where the body is located or 
  2.25  buried, upon a showing that the court deems appropriate.  
  2.26     Sec. 3.  Minnesota Statutes 1994, section 390.32, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [OTHER DEATHS; AUTOPSIES; EXHUMATION CONSENT.] 
  2.29  The medical examiner may conduct an autopsy in the case of any 
  2.30  human death of any type referred to in subdivision 1, clause (3) 
  2.31  or (4), or may exhume any human body and perform an autopsy in 
  2.32  the case of any human death of any type referred to in 
  2.33  subdivision 1 when in the judgment of the medical examiner the 
  2.34  public interest requires an autopsy.  No such autopsy shall be 
  2.35  conducted unless the surviving spouse, or next of kin if there 
  2.36  is no surviving spouse, the person named as executor or personal 
  3.1   representative in the decedent's will, or if there is no 
  3.2   surviving spouse and no named executor or personal 
  3.3   representative, then the next of kin consents to it, or unless 
  3.4   the district court of the county where the body is located or 
  3.5   buried, upon notice as the court directs, enters its order 
  3.6   authorizing an autopsy or an exhumation and autopsy.  
  3.7   Application for an order may be made by the medical examiner or 
  3.8   the county attorney of the county where the body is located or 
  3.9   buried, upon a showing that the court deems appropriate.