Current Status Bill Number:4876 Ratification Number:482 Act Number:346 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980324 Primary Sponsor:Cromer All Sponsors:Cromer Drafted Document Number:EGM\18702DJC.98 Date Bill Passed both Bodies:19980604 Governor's Action:S Date of Governor's Action:19980608 Subject:Cremation of decedent, authorization of; Medical, Cemeteries, Trusts and Estates
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980617 Act No. A346 ------ 19980608 Signed by Governor ------ 19980604 Ratified R482 Senate 19980604 Read third time, enrolled for ratification Senate 19980603 Read second time, unanimous consent for third reading on Thursday, 19980604 Senate 19980603 Recalled from Committee 11 SJ Senate 19980527 Introduced, read first time, 11 SJ referred to Committee House 19980527 Read third time, sent to Senate House 19980526 Read second time House 19980520 Committee report: Favorable 27 H3M House 19980324 Introduced, read first time, 27 H3M referred to CommitteeView additional legislative information at the LPITS web site.
(A346, R482, H4876)
AN ACT TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.
Be it enacted by the General Assembly of the State of South Carolina:
Persons who may serve as a decedent's agent; authorize cremation
SECTION 1. Section 32-8-320 of the 1976 Code, as added by Act 435 of 1994, is amended to read:
Section 32-8-320. (A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent:
(1) the person designated as agent for this purpose by the decedent in a will or other verified and attested document;
(2) the spouse of the decedent at the time of the decedent's death;
(3) the decedent's surviving adult children;
(4) the decedent's surviving parents;
(5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent.
(B) In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation:
(1) a person serving as executor or legal representative of the decedent's estate and acting according to the decedent's written instructions;
(2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State.
(C) If a dispute arises among persons of equal priority, as provided for in subsection (A), concerning the cremation of a decedent, the matter must be resolved by order of the probate court.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 8th day of June, 1998.