South Carolina General Assembly
112th Session, 1997-1998

Bill 4876


                    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

History


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 Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.