HB 2005

  • Virginia House Bill
  • 2021 Regular Session
  • Introduced in House Jan 11, 2021
  • Passed House Feb 03, 2021
  • Senate
  • Governor

Disposition of the remains of a decedent; persons to make arrangements for funeral.

Abstract

Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains and establishes processes by which such persons may assert or forfeit their right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains. The bill also provides protections for any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon a written statement made by a person attesting to his right to make arrangements or otherwise be responsible for a decedent's funeral and sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill also adds provisions related to designation of a person to make arrangements for a decedent's funeral or disposition of a decedent's remains, clarification of decision-making authority when next of kin disagrees, and procedures in the absence of next of kin for cemeteries or cemetery companies.

Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains, provided that any such person is 18 years of age or older and of sound mind. The bill sets out, among other things, the circumstances under which such persons forfeit the right to make arrangements and otherwise be responsible for a person's funeral and the disposition of his remains and sets out assertions that a person seeking to exercise the right to make such arrangements must attest to in a signed written statement to be delivered to the funeral service establishment. Any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon such a written statement shall be immune from civil or criminal liability for any act, decision, or omission in connection with following such person's direction related to the decedent's funeral and the disposition of his remains, unless such act, decision, or omission resulted from willful neglect or bad faith. The bill sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill specifies that the provisions do not apply to cemeteries or cemetery companies.  

Bill Sponsors (1)

Votes


Actions


Feb 17, 2021

Senate

Failed to report (defeated) in General Laws and Technology (5-Y 9-N 1-A)

Feb 05, 2021

Senate

Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)

Feb 04, 2021

Senate

Constitutional reading dispensed

Senate

Referred to Committee on General Laws and Technology

Feb 03, 2021

House

VOTE: Passage (91-Y 8-N)

House

Read third time and passed House (91-Y 8-N)

Feb 02, 2021

House

Read second time

House

Committee substitute agreed to 21103975D-H1

House

Engrossed by House - committee substitute HB2005H1

Feb 01, 2021

House

Read first time

Jan 29, 2021

House

Impact statement from DPB (HB2005H1)

Jan 28, 2021

House

House subcommittee amendments and substitutes offered

House

Subcommittee recommends reporting with substitute (5-Y 1-N)

House

House committee, floor amendments and substitutes offered

House

Reported from Health, Welfare and Institutions with substitute (18-Y 3-N)

House

Committee substitute printed 21103975D-H1

Jan 22, 2021

House

Impact statement from DPB (HB2005)

Jan 15, 2021

House

Assigned HWI sub: Health Professions

Jan 11, 2021

House

Prefiled and ordered printed; offered 01/13/21 21100550D

House

Referred to Committee on Health, Welfare and Institutions

Bill Text

Bill Text Versions Format
Prefiled and ordered printed; offered 01/13/21 21100550D HTML
Committee substitute printed 21103975D-H1 HTML

Related Documents

Document Format
Fiscal Impact Statement: HB2005FH1122.PDF PDF
Fiscal Impact Statement: HB2005F122.PDF PDF

Sources

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