SB581: SB581 Vital Records; cremation permits that are distinct from disposition permits; provide

26 LC 46 1309 Senate Bill 581 By: Senators Williams of the 25th, Robertson of the 29th, Albers of the 56th and Mallow of the 2nd A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital1 records, so as to provide for cremation permits that are distinct from disposition permits; to2 provide for permits for cremations and organic reductions; to provide certain requirements3 for the issuance of cremation and organic reduction permits; to provide for exceptions; to4 amend Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA5 testing for kinship, procedure, and cost, so as to provide for a conforming change; to provide6 for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records,10 is amended by revising Code Section 31-10-20, relating to permi ts for disposition,11 disinterment, and reinterment, as follows:12 "31-10-20.13 (a) The funeral director or person acting as such or other person that first assumes custody14 of a dead body or fetus shall obtain a disposition permit for t he internment cremation or15 organic human reduction of such body or fetus or the removal of such body or fetus from16 S. B. 581 - 1 - 26 LC 46 1309 the state. Such disposition permit shall not authorize the cremation or organic reduction17 of such body or fetus. A disposition permit may be required within the state by loca l18 authorities.19 (b) Such A disposition permit shall be made available by the local registrar of the county20 where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven21 days a week. The registrar will issue a disposition permit immediately upon request from22 the licensed funeral director or his agent in charge of the body or fetus. The request for a23 disposition permit may be received by the registrar either orally or in writing. The registrar24 may respond to the request by any means utilized in the normal course of transacting25 business including, but not limited to, transmission by facsimile machine.26 (c) The funeral director or person acting as such or other person that first assumes custody27 of a dead body or fetus shall obtain a cremation permit for the cremation or organic human28 reduction of such body or fetus. Such cremation permit shall only be issued by the coroner29 or chief medical examiner of the county where the death occurred. Such permit shall not30 be issued by such coroner or chief medical examiner unless such coroner or medical31 examiner also either certifies a death certificate for such body or fetus or accepts a death32 certificate already certified for such body or fetus.33 (c)(d) A disposition permit issued under the law of another state wh ich accompanies a34 dead body or fetus brought into this state shall be authority for final disposition of the body35 or fetus in this state, without the need for a disposition perm it or cremation permit to be36 issued in this state.37 (d)(e) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy,38 the funeral director or person acting as such, the person in charge of the institution, or other39 person assuming responsibility for final disposition of the fet us shall obtain from the40 parent(s) authorization for final disposition.41 (e)(f) Disposition permits shall not be required where disposition of fetal remains is within42 the institution of occurrence and a registry of such events is maintained by the institution.43 S. B. 581 - 2 - 26 LC 46 1309 (f)(g) Authorization for disinterment and reinterment shall be requi red prior to44 disinterment of a dead body or fetus. Such authorization shall be issued by the local45 registrar to a licensed funeral director or other person acting as such, upon proper46 application, in the county in which the dead body or dead fetus was originally interred and47 a local registrar who issues such authorization shall not be ci villy or criminally liable48 therefor if it is issued in good faith. A permit shall not be required when disinterment and49 reinterment are in the same cemetery.50 (g)(h) The department shall prescribe rules and regulations so that the local registrars may51 permit hospitals, funeral homes, or others in their respective counties to issue disposition52 permits."53 SECTION 2.54 Code Section 53-2-27 of the Official Code of Georgia Annotated, relating to DNA testing55 for kinship, procedure, and cost, is amended by revising paragraph (2) of subsection (h)56 as follows:57 "(2) Shall not require authorization under subsection (f) (g) of Code Section 31-10-2058 as a condition precedent to such disinterment or reinterment;"59 SECTION 3.60 All laws and parts of laws in conflict with this Act are repealed.61 S. B. 581 - 3 -