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H0646...........................................................by BUSINESS
DISINTERMENT - Amends existing law to require that disinterment permits be
issued only upon verified application of the person having the highest
legal authority.
02/10 House intro - 1st rdg - to printing
02/13 Rpt prt - to Bus
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 62-0-8
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bilbao, Black, Block, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch,
Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bell, Boe, Brackett, Ring, Sayler, Stevenson,
Trail, Wills
Floor Sponsor - Chadderdon
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Coiner
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 109
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 646
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO VITAL STATISTICS; AMENDING SECTION 39-269, IDAHO CODE, TO REQUIRE
3 DISINTERMENT PERMITS BE ISSUED ONLY UPON VERIFIED APPLICATION OF THE PER-
4 SON HAVING THE HIGHEST LEGAL AUTHORITY UNDER SECTION 54-1142, IDAHO CODE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-269, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-269. DISINTERMENT -- RULES. No body or stillborn fetus shall be disin-
9 terred within the state of Idaho except upon a permit granted by the state
10 registrar of vital statistics. The forms of disinterment permits shall be pre-
11 pared by the state registrar. Disinterment and removal must be done under the
12 personal supervision of a licensed mortician, and only upon verified applica-
13 tion of the person or persons having the highest authority under the provi-
14 sions of section 54-1142, Idaho Code. Only such persons as are actually neces-
15 sary shall be present. The coffin shall not be opened either at place of dis-
16 interment or place of destination, except special permit be issued by the
17 state registrar. And in case of disinterment of bodies dead by reason of con-
18 tagious and infectious diseases, as shown by the certificate of death given by
19 the certifying physician or coroner, the sexton and all other persons engaged
20 in such removal or being present shall immediately thereafter change and dis-
21 infect their clothing and properly disinfect their hands, head and face, pro-
22 vided, that such disinterment may also be governed by rules promulgated by the
23 state board of health and welfare and a synopsis of the same shall be printed
24 on the back of every permit. In case of any contagious and infectious disease
25 where remains are to be shipped to points in other states, permission must
26 first be obtained from the state health officer of such state. The state reg-
27 istrar may also issue a special disinterment permit for legal purposes. This
28 permit for legal purposes shall be granted only upon application of a prose-
29 cuting attorney, the attorney general of this state, or the coroner of the
30 county in which the body is interred, stating therein such facts which make it
31 evident to the state registrar that the ends of justice require that disinter-
32 ment be permitted. Such special disinterment for legal purposes shall be gov-
33 erned by rules promulgated by the state board of health and welfare and a syn-
34 opsis of the same shall be printed on the back of every such special disinter-
35 ment permit for legal purposes. Bodies in a receiving vault when prepared by a
36 licensed mortician shall not be regarded as disinterred bodies until after the
37 expiration of thirty (30) days.
STATEMENT OF PURPOSE
RS 15803
The purpose of this amendment is to clarify who possesses the
authority to remove a body once it has been buried (disinterment).
The amendment establishes that only such person who has the highest
authority in regards to the burial as specified in 54-1142, Idaho
Code, has the right to initiate and authorize disinterment."
FISCAL NOTE
None.
Contact
Name: Rep. Marge Chadderdon
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 646