SF 3332

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to mortuary science; changing a provision for the transportation of dead
human bodies; allowing use of funeral conveyance requested by decedent;
amending Minnesota Statutes 2007 Supplement, sections 149A.80, subdivision
1; 149A.93, subdivision 6.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 149A.80, subdivision 1,
is amended to read:

Subdivision 1.

Advance directives and will of decedent.

A person may direct
the preparation for, type, or place of that person's final disposition, new text begin as well as the type
of conveyance to be used to transport the body to the place of final disposition, new text end either
by oral or written instructions. Arrangements made in advance of need with a funeral
establishment must be in writing and dated, signed, and notarized. The person or persons
otherwise entitled to control the final disposition under this chapter shall faithfully carry
out the reasonable and otherwise lawful directions of the decedent to the extent that the
decedent has provided resources for the purpose of carrying out the directions. If the
instructions are contained in a will, they shall be immediately carried out, regardless of the
validity of the will in other respects or of the fact that the will may not be offered for or
admitted to probate until a later date, subject to other provisions of this chapter or any
other law of this state. This subdivision shall be administered and construed so that the
reasonable and lawful instructions of the decedent or the person entitled to control the
final disposition shall be faithfully and promptly performed.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 149A.93, subdivision 6, is
amended to read:

Subd. 6.

Conveyances permitted for transportation.

A dead human body may be
transported by means of public transportation provided that the body must be properly
embalmed and encased in an appropriate container, or by any private vehicle or aircraft
that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate a regulation ambulance cot, aircraft
ambulance stretcher, casket, alternative container, or cremation container in a horizontal
position;

(4) is designed to permit loading and unloading of the body without excessive tilting
of the casket, alternative container, or cremation container;

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top of
another body or container and that each body or container is secured to prevent the body
or container from excessive movement within the conveyance; and

(6) is designed so that the driver and the dead human body are in the same cab.

new text begin A vehicle that is a dignified conveyance and was specified for use by the deceased
or by the family of the deceased may be used to transport the body to the place of final
disposition.
new text end