HB 407 — DISPOSITION OF DECEASED NEXT OF KIN

If [a deceased person ] a decedent was an inmate of a public institution, the institution shall transmit, upon request of the medical investigator, a brief medical history of the [unclaimed dead ] person for purposes of identification and permanent record.

[Any] A person who conducts a post-mortem examination on an unclaimed body without express permission of the medical investigator is guilty of a misdemeanor and shall h g be [punished by imprisonment in the county jail for not more o t hr than one year or by the imposition of a fine of not more than g e i k one thousand dollars ($1,000) or both such imprisonment and h r i s fine] sentenced pursuant to the provisions of Section 31-19-1 h , t, e u g NMSA 1978.

e b l e e h B.

[Any] A person who unlawfully disposes of, uses n d d i = = o h or sells an unclaimed body is guilty of a fourth degree felony l ] b ,d i a º e r i = r and shall be [punishedsentenced bypursuant imprisonmentto in the stateprovisions t e w d m a n o penitentiary for a term of notSection less31-18-15 thanNMSA one1978." yearSECTION nor4. more than d m :

b e d s º o t n = .224163.3AIC February 22, 2023 (5:10pm) s k m e - 6 - e a n e d r e l u [ A d five years or by the imposition of a fine of not more than five thousand dollars ($5,000) or both such imprisonment and fine] sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978." SECTION 4.

POST-MORTEM EXAMINATIONS AND HB 407/a Page 5 AUTOPSIES--CONSENT REQUIRED.-- A.

An autopsy or post-mortem examination may be performed on the body of a [deceased person ] decedent by a physician or surgeon whenever consent to the procedure has been given by:

5 (1) written authorization signed by the [deceased] decedent during [his] the person's lifetime;

(2) authorization of [any ] a person or on behalf of any [entity ] person whom the [deceased] decedent designated in writing during [his] the person's lifetime to h g take charge of [his ] the decedent's body for burial or other o t hr purposes;

g e i k (3) authorization of the [deceased's ] h r i s decedent's surviving spouse;

h , t, e u g (4) authorization of an adult child, parent or e b l e e h adult brother or sister of the [deceased ] decedent if there is n d d i = = o h no surviving spouse or if the surviving spouse is unavailable, l ] b ,d i a º e r i = r incompetent or has not claimed the body for burial after t e w d m a n o notification of the death of the decedent;

d(5) mauthorization :of any other relative of the decedent if none of the persons enumerated in Paragraph (4) of this subsection is available or competent to give authorization;

bor e(6) dauthorization sof ºthe opublic tofficial, nagency =or .224163.3AICperson Februaryhaving 22,custody 2023 (5:10pm) s k m e - 7 - e a n e d r e l u [ A d (5) authorization of any other relative of the [deceased]body decedentfor burial if none of the persons enumerated in [ParagraphsParagraphs (2) through ](5) Paragraph (4) of this subsection is available or competent to give authorization;HB 407/a Page 6 authorization.

or (6) authorization of the public official, agency or person having custody of the body for burial if none of the persons enumerated in Paragraphs (2) through (5) of this subsection is available or competent to give authorization.

An autopsy or post-mortem examination shall not be performed under authorization given [under ] pursuant to the provisions of Paragraph (4) of Subsection A of this section 5 by any one of the persons enumerated if, before the procedure is performed, any one of the other persons enumerated objects in writing to the physician or surgeon by whom the procedure is to be performed.

An autopsy or post-mortem examination may be performed by a pathologist at the written direction of the h g district attorney or [his ] the district attorney's authorized o t hr representative in any case in which the district attorney is g e i k conducting a criminal investigation.

h r i s D.

An autopsy or post-mortem examination may be h , t, e u g performed by a pathologist at the direction of the state, e b l e e h district or deputy medical investigator when [he ] the state, n d d i = = o h district or deputy medical investigator suspects the death was l ] b ,d i a º e r i = r caused by a criminal act or omission or if the cause of death t e w d m a n o is obscure.

dE. m :

bFor epurposes dof sthis ºsection, o"autopsy" tmeans na =post-mortem .224163.3AICdissection Februaryof 22,a 2023dead (5:10pm)human sbody kin morder eto -determine 8the -cause, eseat aor nnature eof ddisease ror einjury land uincludes [the Aretention dof E.tissues customarily removed during the course of autopsy for evidentiary, identification, diagnosis, scientific or therapeutic purposes." HB 407/a Page 7 SECTION 5.

For purposes of this section, "autopsy" means a post-mortem dissection of a dead human body in order to determine the cause, seat or nature of disease or injury and includes the retention of tissues customarily removed during the course of autopsy for evidentiary, identification, diagnosis, scientific or therapeutic purposes." SECTION 5.

[Any] An adult may authorize [his] the adult's own cremation and the lawful disposition of [his] the cremated remains by:

(1) stating [his ] the desire to be cremated in a written statement that is signed by the [individual ] adult and notarized or witnessed by two persons;

or (2) including an express statement in [his ] the will indicating that the testator desired that [his] the h g remains be cremated upon [his] death.

o t hr B.

A personal representative acting pursuant to a g e i k will or [Article 3 of ] the provisions of Chapter 45, Article 3 h r i s NMSA 1978 or a funeral service establishment, [a commercial h , t, e u g establishment] a direct disposition establishment or a e b l e e h crematory shall comply with a statement made in conformance n d d i = = o h with the provisions of Subsection A of this section.

[A] The l ] b ,d i a º e r i = r statement [thatis conformsauthorization to the provisionspersonal ofrepresentative, Subsectionfuneral Aestablishment, ofdirect tdisposition eestablishment wor dcrematory mthat athe nremains oof thisthe section]decedent isare authorization to [a]be thecremated. personal d m :

bStatements edated dprior sto ºApril o5, t1993 nare =to .224163.3AICbe Februarygiven 22,effect 2023if (5:10pm)they smeet kthe mrequirements eof -Subsection 9 - e a n e d r e l u [ A d representative, funeral establishment, HGEICºcommercial establishment,»HGEIC direct disposition establishment or crematory that the remains of thethis decedentsection. are to be cremated.

Statements dated prior to [the effective date of this act ] April 5, 1993 are to be given effect if they meet the requirements of Subsection A of this section.

A personal representative, funeral service establishment, direct disposition establishment or crematory HB 407/a Page 8 acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith.

5 D.

[No] A funeral service establishment, [commercial establishment ] direct disposition establishment, crematory or employee of a funeral establishment, HGEICº commercial establishment,»HGEIC direct disposition establishment or crematory or other person that relies in good h g faith on a statement written pursuant to this section shall not o t hr be subject to liability for cremating the remains in accordance g e i k with the express instructions of a decedent.

The written h r i s h document is a complete defense to a cause of action by any , t, e u g person against any other person acting in accordance with the e b l e e h instructions of the decedent.

n d d i = = o h E.

l(1) ]"cremate" bmeans ,dto ireduce a ºdead ehuman rbody iby =direct rflame [(1)to "commercial establishment" means an t e w d m a nresidue o office, premises or place of business that providesmay forinclude thebone dfragments; m :

band e(2) d"direct sdisposition ºestablishment" omeans tan noffice, =premises .224163.3AICor Februaryplace 22,of 2023business (5:10pm)that sprovides kfor mthe edisposition -of 10a -dead ehuman body as quickly as possible, without a nfuneral, egraveside dservice, rcommittal eservice lor umemorial [service, Awhether dpublic practiceor private, and without embalming of funeralthe servicebody orunless directembalming dispositionis servicesrequired exclusivelyby tothe licensedplace funeralof ordisposition." directHB disposition407/a establishments;Page 9 SECTION 6.

(2)] (1) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments;

and [(3)] (2) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition." SECTION 6.

NO WRITTEN INSTRUCTIONS--PRIORITY OF OTHERS TO DECIDE DISPOSITION.-- h g A.

Except as provided in Subsection B of this o t hr section, if a decedent has left no written instructions g e i k regarding the disposition of the decedent's remains, the h r i s following persons are legal next of kinkin, , in the order listed, h , t, e u g and shall determine the means of disposition, not to be limited e b l e e h to cremation, of the remains of the decedent:

n d d i = = o h (1) the surviving spouse;

l ] b ,d i a º e r i = r (2) a majority of the surviving adult children t e w d m a n o of the decedent;

d(3) mthe :surviving parents of the decedent;

b e d s º o t n = .224163.3AIC February 22, 2023 (5:10pm) s k m e - 11 - e a n e d r e l u [ A d (3) the surviving parents of the decedent;

[(5)(5) anthe adult whoperson hasof exhibited special care and concern for the decedent,next whodegree is aware of thekinship decedent'sin views and desires regarding the dispositionorder ofnamed theby decedent'sNew bodyMexico andlaw who is willing and able to makeinherit a decision about the dispositionestate of the decedent'sdecedent; body;

or (6)] (5) the adult person of the next degree of kinship in the order named by New Mexico law to inherit the estate of the decedent;

If a decedent left no written instructions hHB 407/a Page 10 regarding the disposition of the decedent's remains, died while u » r t h serving in any branch of the United States armed forces, the g e l i United States reserve forces or the national guard and h r i s completed a United States department of defense 5 record of h , e h t u g emergency data form or its successor form, the person e b l e e , gh authorized by the decedent to determine the means of n d d i = = o h disposition on a United States department of defense record of l ] b ,d i a º r emergency data form shall determine the means of disposition, e r = t e w d m a n o not to be limited to cremation.

dC. m :

b r e t º o t n = .224163.3AIC February 22, 2023 (5:10pm) s k m e - 12 - e a n e d r e l u [ A d C.

UNCLAIMED BODIESBODIES--CREMATION [ANDPERMITTED.--An BODIES OF INDIGENT PERSONS]--CREMATION PERMITTED.--[The body of an unclaimed decedent or an indigent person] An unclaimed body, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any other government official authorized to order the cremation.

Absent a showing of bad faith or malicious intent, the official ordering the cremation and the person or establishment carrying out the cremation shall be immune from liability related to the cremation." hHB g407/a Page 11 SECTION 8.

Section 24-13-1 NMSA 1978 (being Laws 1939, o t hr Chapter 224, Section 1, as amended) is amended to read:

g e i k "24-13-1.

BURIAL OR CREMATION OF UNCLAIMED DECEDENTSDECEDENTS.--For [AND h r i s h OF INDIGENTS].--For the purposes of Chapter 24, Article 13 NMSA , t, e u g 1978, a dead [person whose ] body that has not been claimed by a e b l e e h friend, relative or other interested person assuming the n d d i = = o h responsibility for and expense of disposition shall be l ] b ,d i a º e r i = r considered an unclaimed decedent.

It is the duty of [the board t e w d m a n o of county commissioners of] each county in this state to [causeauthorize dinterment mor :cremation of an unclaimed decedent.

bThe ecounty dshall sensure ºthat othe tbody nis =buried .224163.3AICor Februarycremated 22,no 2023later (5:10pm)than sthirty kdays mafter ea -determination 13has -been emade athat nthe ebody dhas rnot ebeen lclaimed, ubut [no Aless dthan tofourteen bedays decentlyafter interred]death authorize interment or [cremateddiscovery the body] cremation of [any]the anbody. unclaimed decedent [or indigent person].

TheIf county shall ensure that the body is buriedcremated, orthe crematedcounty noshall laterensure thanthat thirtythe dayscremated afterremains aare determinationretained hasand beenstored madefor thatat theleast bodytwo hasyears, notor beenone claimed,year butfor noeligible lessveterans thanwho [twoqualify weeksfor ]veteran Hfl1ºfifteen»Hfl1burial Hfl1ºfourteen»Hfl1benefits, daysin aftera deathmanner orthat discoveryallows for identification of the body.remains.

IfAfter the bodyexpiration isof cremated, the county shall ensure that the cremated remains are retained and stored for [no less than ] at least two yearsyears, Hfl1º, or one year for eligible veterans who qualify for veteran burial benefits,»Hfl1benefits, inthe acremated mannerremains thatmay allowsbe fordisposed identificationof; of the remains.

Afterprovided the expirationcounty ofretains twoa yearsrecord Hfl1ºof ,the orplace oneand yearmanner forof eligibledisposition veterans who qualify for veterannot burialless benefits,»Hfl1than ,five theyears crematedafter remainsdisposition." maySECTION be9. disposed of;

providedSection the24-13-2 countyNMSA retains1978 a(being recordLaws of1939, theChapter place224, andSection manner2, ofas dispositionamended) foris notamended lessto thanread: five years after [such ] disposition." h g SECTION 9.

SectionHB 24-13-2407/a NMSAPage 197812 (being"24-13-2. Laws 1939, o t hr Chapter 224, Section 2, as amended) is amended to read:

gPERSONS eDEEMED iINDIGENT.--A kdecedent "24-13-2.shall be considered to be an indigent for purposes of Chapter 24, Article 13 NMSA 1978 if the decedent's estate is insufficient to cover the cost of burial or cremation or if the decedent's 5 body is unclaimed." SECTION 10.

PERSONSSection DEEMED24-13-3 INDIGENT.--A [deceased person ] h r i s h decedent shall be considered to be an indigent for purposes of , t, e u g Chapter 24, Article 13 NMSA 1978 if(being [hisLaws ]1939, theChapter decedent's224, estateSection e3, bas lamended) e e h is insufficientamended to coverread: the cost of burial or cremation or if n d d i = = o h l ] b ,d the decedent's body is unclaimed." i a º e r i = r SECTION 10.

Section"24-13-3. 24-13-3 NMSA 1978 (being Laws 1939, t e w d m a n o Chapter 224, Section 3, as amended) is amended to read:

dEXPENSES mFOR :BURIAL OR CREMATION.--If the unclaimed decedent had known assets or property of sufficient value to defray the expenses of cremation or burial, invoices for the expenses shall be forwarded to the executor of the estate of the decedent, and such person shall pay the expenses out of the decedent's estate.

bTo ethe dextent sthat ºthe odecedent tis nunclaimed =and .224163.3AIChas Februaryno 22,estate, 2023the (5:10pm)burial sor kcremation mexpenses eshall -be 14borne -by ethe acounty nof eresidence dof rthe edecedent. l u [ A d "24-13-3.

EXPENSESIf FOR BURIAL OR CREMATION.--If the unclaimedcounty decedentof hadresidence known assets or property of sufficientthe valuedecedent tois defraynot known, the expensesburial ofor cremation or burial, invoices for the expenses shall be forwardedborne to [such person or official authorized by law to be appointed administrator] the executorcounty ofin thewhich estate of the decedent,decedent andwas suchfound. person [or official] shall pay the expenses out of the decedent's estate.

ToThe theburial extentor thatcremation theexpenses [deceasedmay personbe ispaid indigentby ]the decedentcounty isout unclaimedof andthe hasgeneral nofund estate,or the burialhealth orcare cremationassistance expensesfund shallin bethe borneamount byof one thousand dollars ($1,000) for the countyburial ofor residencecremation of the [deceasedunclaimed person]decedent." decedent.SECTION 11.

IfSection the24-13-4 countyNMSA of1978 residence(being ofLaws the1939, [deceasedChapter person]224, decedentSection is4, notas known,amended) theis burialamended orto cremationread: expenses shall be borne by the county in which the [body ] decedent was found.

The"24-13-4. burial or cremation expenses may be paid by the county out of the general fund or the [county indigent hospital claims] health care assistance fund in HGEICºan amount up to»HGEIC HGEICºthe amount of»HGEIC [six hundred dollars h g ($600)] one thousand dollars ($1,000) for the burial or o t hr cremation of [any adult or minor ] the unclaimed decedent." g e i k SECTION 11.

SectionBURIAL 24-13-4AFTER NMSAINVESTIGATION--COST 1978OF (beingOPENING LawsHB 1939,407/a hPage r13 iAND sCLOSING hGRAVE.--The Chaptercounty 224,after Sectionproper 4,investigation asshall amended)cause isan amendedunclaimed decedent to read:be decently interred or cremated.

,The t,cost eto ube gpaid "24-13-4.by the county of opening and closing a grave shall not exceed one thousand dollars 5 ($1,000), which sum shall be in addition to the sums enumerated in Section 24-13-3 NMSA 1978." SECTION 12.

BURIAL AFTER INVESTIGATION--COST OF OPENING AND e b l e e h CLOSING GRAVE.--The [board of ] county [commissioners] after n d d i = = o h proper investigation shall cause [any deceased indigent or ] an l ] b ,d i a º e r i = r unclaimed decedent to be decently interred or cremated.

The t e w d m a n o cost to be paid by the county of opening and closing a grave d m :

b e d s º o t n = .224163.3AIC February 22, 2023 (5:10pm) s k m e - 15 - e a n e d r e l u [ A d shall not exceed [six hundred dollars ($600)] one thousand dollars ($1,000), which sum shall be in addition to the sums enumerated in Section 24-13-3 NMSA 1978." SECTION 12.

PAYMENT OF BURIAL OR CREMATION EXPENSES-- COMMISSIONERS' LIABILITY.--The board of county commissioners of any county within this state may authorize payment for the burial or cremation [of an indigent person, as defined in Section 24-13-2 NMSA 1978 or] of an unclaimed decedent, as defined in Section 24-13-1 NMSA 1978.

All available assets of the deceased [shall ] may be used to reimburse the county for the cost of burial or cremation.

The county commissioners [shall ] may be liable [either personally or] officially to the county h g they represent in double the amount they have paid toward the o t hr burial or cremation of a person other than as authorized by g e i k this section." h r i s h SECTION 13.

Section 24-13-6 NMSA 1978 (being Laws 1939, , t, e u g Chapter 224, Section 6, as amended) is amended to read:

e b l e e h "24-13-6.

MONEY FROM RELATIVES--DUTY OF FUNERAL nDIRECTOR.--Should da dfuneral idirector =or =other operson hallowed DIRECTOR.--ShouldHB [any407/a ]Page 14 by law to conduct the business of a funeral director oraccept othermoney personfrom lthe ]relatives bor ,dfriends iof a ºdecedent ewhom rthe icounty =has rdetermined allowedto bybe lawan tounclaimed conductdecedent, the businessfuneral director shall immediately notify the county of athe funeral5 directorpayment tor eoffer wfor dpayment, mand athe ncounty oshall acceptnot moneypay fromfor the relativesburial or [friendcremation ]involved, friendsor, ofif athe dcounty mhas :already paid for the burial or cremation, the funeral director shall immediately refund the money paid to the funeral director by the county for the burial or cremation." SECTION 14.

b e d s º o t n = .224163.3AIC February 22, 2023 (5:10pm) s k m e - 16 - e a n e d r e l u [ A d [deceased person] decedent whom the [board of] county [commissioners ] has determined to be [an indigent or] an unclaimed decedent, the funeral director shall immediately notify the [board of ] county [commissioners] of the payment or offer for payment, and the [board of ] county [commissioners] shall not [thereafter ] pay for the burial or cremation involved, or, if the [board of ] county [commissioners] has already paid for the burial or cremation, the funeral director shall immediately refund the money paid to [him ] the funeral director by the [board of] county [commissioners] for the burial or cremation." SECTION 14.

FAILURE TO NOTIFY--FUNERAL DIRECTOR'S LIABILITY.--If [any ] a funeral director or other person authorized by law to conduct the business of a funeral director receives or contracts to receive any money or thing of value h g from relatives or friends of [a deceased alleged indigent or ] o t hr an unclaimed decedent whose burial or cremation expenses are g e i k paid or to be paid by the [board of ] county [commissioners] and h r i s fails to notify the [board of ] county [commissioners] of that h , t, e u g fact, the funeral director or other person authorized by law to e b l e e h conduct the business of a funeral director shall be liable to n d d i = = o h the county in an amount double the amount paid or to be paid by l ] b ,d i a º e r i = r the [boardcounty." of ] county [commissioners of that county]." t e w d m a n o SECTION 15.

EFFECTIVE DATE.--The effective date of the dprovisions mof :this act is July 1, 2023.

bHB e407/a dPage s15 º25 o t n = .224163.3AIC February 22, 2023 (5:10pm) s k m e e a n e d r e l u [ A d provisions of this act is July 1, 2023.

- 18 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .224163.3AIC February 22, 2023 (5:10pm) s k em e e a n e d r e l u [ A d