Bill Text: AZ HB2116 | 2015 | Fifty-second Legislature 1st Regular | Engrossed
Bill Title: Burial; instructions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-03-12 - Referred to Senate GOV Committee [HB2116 Detail]
Download: Arizona-2015-HB2116-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2116 |
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AN ACT
Amending section 36‑831.01, Arizona Revised Statutes; relating to burial responsibility.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-831.01, Arizona Revised Statutes, is amended to read:
36-831.01. Disposition of remains; duty to comply with decedent's wishes; exemption from liability
A. If the person on whom the duty of burial or providing other funeral and disposition arrangements is imposed pursuant to section 36‑831 is aware of the decedent's wishes regarding the disposition of his the decedent's remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship to the extent required by this section.
B. A decedent, before death, may direct in writing the disposition of the decedent's remains and specify funeral goods and services to be provided. Unless there is a statement to the contrary that is signed and dated by the decedent, the instructions may not be changed or otherwise amended in any material way, except if required by law, and shall be carried out on the decedent's death if all of the following requirements are met:
1. The instructions set forth clearly and completely the decedent's final wishes in sufficient detail so as to preclude any material ambiguity with regard to the instructions.
2. Arrangements for payment through trusts, insurance, commitments by others or any other effective and binding means have been made to preclude the payment of any monies by the person or persons who might otherwise retain the right to control the disposition.
C. The decedent's wishes shall be carried out only to the extent that the decedent has made arrangements for payment. The person or persons who otherwise have the right to control the disposition and to arrange for funeral goods and services may agree to assume the cost of any remaining instructions for which arrangements for payment had not been made.
D. If the instructions are contained in a will, the instructions shall be immediately carried out regardless of the validity of the will in other respects or the fact that the will may not be offered for or admitted to probate until a later date.
E. This section does not require a funeral establishment, crematory or cemetery to violate the written policies or procedures of the funeral establishment, crematory or cemetery.
B. F. No A funeral establishment or crematory licensed pursuant to title 32, chapter 12 or 20 or a cemetery certified under title 32, chapter 20, that relies in good faith upon on the instructions for disposition of a body given by the person authorized pursuant to section 36‑831 shall be is not subject to civil liability or subject to disciplinary action for disposition of the remains in accordance with the instructions.
Sec. 2. Applicability
Section 36‑831.01, Arizona Revised Statutes, as amended by this act, applies to funeral and disposition arrangements of a decedent that are made on or after the effective date of this act.
