SECOND REGULAR SESSION

HOUSE BILL NO. 2231

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVE WASSON.

5221L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 194.350, RSMo, and to enact in lieu thereof one new section relating to cremation of human remains.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 194.350, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 194.350, to read as follows:

            194.350. A licensed funeral establishment which cremates, or contracts for the cremation of, a dead human body, whether the cremation occurs before or after August 28, 1989, may dispose of the cremated remains by:

            (1) Disposing the remains in accordance with the cremation contract, except if otherwise prohibited by law;

            (2) Delivering the remains to or as directed by another licensed funeral establishment which contracted for the cremation;

            [(2)] (3) Delivering the remains to or as directed by the person who contracted for the cremation; or

            [(3)] (4) If not delivered pursuant to subdivision [(1) or] (2) or (3) of this section, by scattering, burying, or interring the unclaimed cremated remains in a scatter garden or pond, columbarium or other place formally dedicated for [the burial of dead human bodies] such purpose or by delivering the remains to any person listed in section 194.119, provided, at least ninety days prior to such [scattering or interment] action the funeral establishment shall send a written notice [by certified mail, return receipt requested, to the licensed funeral establishment or person who] to the last known address of the person or establishment that contracted for the cremation stating that the remains will be scattered or interred under this subdivision unless the notified establishment or person, or other person authorized by the notified establishment or person, claims and removes the remains prior to the end of such ninety-day period[, and provided further, if such mailed notice cannot be delivered, at least thirty days prior to such scattering or interment the funeral establishment shall publish a notice once in a newspaper in general circulation in the county in which the funeral establishment is located stating that the remains will be scattered or interred under this subdivision unless the licensed funeral establishment or person who contracted for the cremation, or other person authorized by the contracting establishment or person, claims and removes the remains prior to the end of such thirty-day period].