HB 1696 — Modifies provisions relating to the right of sepulcher

SECOND REGULAR SESSION [TRULY[PERFECTED] AGREED TO AND FINALLY PASSED] SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

1696 103RD GENERAL ASSEMBLY 3999S.04T3999H.02P 2026JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 194.119, RSMo, and section 210.1700 as truly agreed to andenact finally passed in conferencelieu committeethereof substituteone fornew senatesection substituterelating forto senatethe billright no.of sepulcher.

1421, one hundred third general assembly, second regular session, and to enact in lieu thereof two new sections relating to care of vulnerable populations.

Section 194.119, RSMo, andis sectionrepealed 210.1700and asone trulynew agreedsection toenacted andin finallylieu passedthereof, into conferencebe committeeknown substituteas forsection senate194.119, substituteto forread senateas billfollows: no.

1421, one hundred third general assembly, second regular session, are repealed and two new sections enacted in lieu thereof, to be known as sections 194.119 and 210.1700, to read as follows:

EXPLANATION(1) —An Matterattorney enclosedin fact designated in bold-faceda bracketsdurable [thus]power inof attorney wherein the abovedeceased billspecifically isgranted notthe enactedright andof issepulcher intendedover tohis beor omittedher frombody theto law.such attorney in fact;

Matter in bold-face type in the above bill is proposed language.

SS SCS HCS HB 1696 2 (1) An attorney in fact designated in a durable power of attorney wherein the deceased specifically granted the right of sepulcher over his or her body to such attorney in fact;

(4)EXPLANATION Any— survivingMatter childenclosed ofin bold-faced brackets [thus] in the deceased.above bill is not enacted and is intended to be omitted from the law.

Matter in bold-face type in the above bill is proposed language.

HCS HB 1696 2 (4) Any surviving child of the deceased.

or (b) If the deceased is a minor with a court-appointed guardian, the court- appointed guardian at the time of the minor's death ifunless the courtguardian specificallyis grantedbeing thecriminally rightinvestigated offor sepulcherhis toor theher guardianrole unlessin the guardianshipminor's hasdeath. been terminated under section 475.083, not including subdivision (5) of subsection 1 of section 475.083;

(c) If the deceasedcourt isappointed acoguardians, minorthe without a court-appointed guardian whospecifically was granted the right of sepulcher,sepulcher aby survivingthe parentcourt whoshall hashave custody of the minor;superior claim.

or [(c)] (d) If the deceasedcourt isdid anot minorspecifically withoutgrant a court-appointed guardian who was granted the right of sepulcher andto theone deceased'sguardian parentswhen haveappointing jointcoguardians, custody, the parentguardian whose residence is the minor child's residence for purposes of mailing and education;education shall have the superior claim.

A court-appointed guardian may opt out of becoming the designated next of kin, provided that such opt-out shall occur during the court proceedings determining which individual shall become the court-appointed guardian.

Any authority granted to a court-appointed guardian under this section shall exist only during the pendency of the guardianship and shall automatically terminate upon expiration, revocation, or termination of the guardianship by the court;

or (c) If the deceased is a minor without a court-appointed guardian, a surviving parent who has custody of the minor;

or [(c)] (d) If the deceased is a minor without a court-appointed guardian and the deceased's parents have joint custody, the parent whose residence is the minor child's residence for purposes of mailing and education;

The next-of-kin may delegate the control of the final disposition of the remains of any dead human being to an agent through either a specific or general grant of power in accordance with section 404.710 if, at the time of delegation, the next-of-kin was SS SCS HCS HB 1696 3 eighteen years of age or older and mentally competent and the principal or agent is taking financial responsibility for the disposition.

Religious, cultural, family, and individual beliefs of the deceased person shall be considered by the next of kin when disposing of any human remains.

[210.1700.

1.

As used in this section, the following terms mean:

(1) "Overnight camp", a program operated by a person or organization that includes the hours between 9:00 p.m.

and 6:00 a.m.

but not for two or more sequential overnights;

(2) "Residential camp", a program operated by a person or organization that includes the hours between 9:00 p.m.

and 6:00 a.m.

for two or more sequential overnights.

SS SCS HCS HB 1696 4 2.

Each overnight camp or residential camp staff member or volunteer who is eighteen years of age or older shall have received a qualifying criminal background check as defined in 210.1080.] 210.1700.

1.

As used in this section, "residential camp" means a program operated by a person or organization that includes the hours between 9:00 p.m.

and 6:00 a.m.

for two or more sequential overnights.

2.

Each residential camp staff member or volunteer who is eighteen years of age or older shall be subject to a criminal background check prior to commencing employment or volunteer service.

Such criminal background check shall include:

(1) A search of the National Crime Information Center's National Sex Offender Registry;

and (2) A search of the following data sources in Missouri and each state where such staff member or volunteer has resided during the preceding five years, where such data sources are available: