South Dakota 2023 Regular Session

South Dakota House Bill HB1145

Introduced
1/26/23  
Refer
1/26/23  
Report Pass
2/1/23  
Engrossed
2/2/23  
Refer
2/3/23  
Report Pass
2/21/23  
Enrolled
2/22/23  

Caption

Revise the order of precedence for the right to control the disposition of the remains of a deceased person.

Impact

The implementation of HB1145 would significantly affect state laws concerning etiquette and legal responsibilities surrounding funeral practices. By clearly outlining the priority of individuals who can make decisions regarding disposition, the bill seeks to minimize conflicts among family members and ensure that the decedent's wishes are honored. The revisions are likely to enhance the accountability of those responsible for making arrangements and could aid in reducing potential disputes during a sensitive time for families.

Summary

House Bill 1145 aims to clarify and revise the order of precedence for individuals authorized to control the disposition of a deceased person's remains. The bill establishes a structured hierarchy, starting with individuals designated by the decedent, followed by their military designation (if applicable), and progressing through surviving family members such as spouses, children, and siblings. This amendment intends to streamline the process of making funeral arrangements and ensure that the wishes of the deceased are respected according to their legal designations.

Sentiment

The sentiment surrounding HB1145 appears to be generally positive, with supporters emphasizing the necessity of a clear legal framework to avoid ambiguities in controlling the disposition of remains. This clarity can help avoid conflicts and ensure that the wishes of the deceased are handled appropriately, which is often a source of contention among grieving family members. The bill received unanimous support in the voting process, indicating a collective agreement on the need for these changes.

Contention

While the bill outlines a clear hierarchy for control, it could potentially lead to conflicts in situations where family dynamics are complex or where there are disputes about the decedent’s stated wishes. For example, challenges may arise if multiple family members are designated as having rights to control the disposition or if there are differing interpretations of what the deceased wanted. As such, while the legislative intent is to clarify, real-world application could still present complexities that may require further legal mediation.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1152

Establish rights regarding the disposition of a person's remains.

SD S989

Establishing the right of disposition

SD HB672

Provides relative to rights and requirements of certain persons authorized to arrange the disposition of human remains

SD S1217

Designating right of disposition

SD H1671

Designating right of disposition

SD H1470

Designating right of disposition

SD SB01055

An Act Concerning The Standards For Determining Custody, Control And Disposition Of The Body Of A Deceased Person.

SD HB1363

The duty of final disposition.

SD HB1302

Provides for the order by which individuals can direct the manner and disposition of the remains of a military decedent

SD HB407

Disposition Of Deceased Next Of Kin

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