2006 Legislation
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HOUSE BILL NO. 646 – Disinterment permits, issued, when


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Bill Status

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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                       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


Name: Rep. Marge Chadderdon 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 646