SENATE BILL 407
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Elizabeth "Liz" Stefanics
AN ACT
RELATING TO NATURAL ORGANIC REDUCTION; PROVIDING FOR THE NATURAL ORGANIC REDUCTION OF A DEAD HUMAN BODY; ALLOWING FOR UNCLAIMED BODIES AND BODIES OF INDIGENT PERSONS TO BE REDUCED BY NATURAL ORGANIC REDUCTION; CREATING LICENSURE AND SCOPE OF PRACTICE REQUIREMENTS FOR NATURAL ORGANIC REDUCTION OPERATORS AND NATURAL ORGANIC REDUCTION FACILITIES; PROVIDING DISCIPLINARY PROCEEDINGS AND CRIMINAL PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-12A-1 NMSA 1978 (being Laws 1993, Chapter 200, Section 1) is amended to read:
"24-12A-1. RIGHT TO AUTHORIZE CREMATION OR NATURAL ORGANIC REDUCTION--DEFINITIONS.--
A. Any adult individual may authorize [his] the individual's own cremation or natural organic reduction and the lawful disposition of [his] the individual's cremated or reduced remains by:
(1) stating [his] the desire to be cremated or reduced by natural organic reduction in a written statement that is signed by the individual and notarized or witnessed by two persons; or
(2) including an express statement in [his] the individual's will indicating that the testator desired that [his] the individual's remains be cremated or reduced by natural organic reduction upon [his] death.
B. A personal representative acting pursuant to a will or [Article 3 of] Chapter 45, Article 3 NMSA 1978 or a funeral establishment, a commercial establishment, a direct disposition establishment, [or a] crematory or a natural organic reduction facility shall comply with a statement made in conformance with the provisions of Subsection A of this section. A statement that conforms to the provisions of Subsection A of this section is authorization to a personal representative, funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural organic reduction facility that the remains of the decedent are to be cremated or reduced by natural organic reduction. Statements dated prior to the effective date of this 2023 act are to be given effect if they meet the requirements of Subsection A of this section.
C. A personal representative, funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural organic reduction facility acting in reliance upon a document executed pursuant to the provisions of this section, who has no actual notice of revocation or contrary indication, is presumed to be acting in good faith.
D. No funeral establishment, commercial establishment, direct disposition establishment, crematory or natural reduction facility or employee of a funeral establishment, commercial establishment, direct disposition establishment, [or] crematory or natural reduction facility or other person that relies in good faith on a statement written pursuant to this section shall be subject to liability for cremating or reducing the remains in accordance with the express instructions of a decedent. The written document is a complete defense to a cause of action by any person against any other person acting in accordance with the instructions of the decedent.
E. As used in this section:
(1) "commercial establishment" means an office, premises or place of business that provides for the practice of funeral service or direct disposition services exclusively to licensed funeral or direct disposition establishments;
(2) "cremate" means to reduce a dead human body by direct flame to a residue that may include bone fragments; [and]
(3) "direct disposition establishment" means an office, premises or place of business that provides for the disposition of a dead human body as quickly as possible, without a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition;
(4) "natural organic reduction" means the contained, accelerated conversion of human remains to soil;
(5) "natural organic reduction facility" means the structure, room or other dedicated space in a building where natural organic reduction of a human body occurs; and
(6) "reduced remains" means the soil that remains after a dead human body has gone through the natural organic reduction process."
SECTION 2. Section 24-12A-3 NMSA 1978 (being Laws 1999, Chapter 241, Section 3) is amended to read:
"24-12A-3. UNCLAIMED BODIES AND BODIES OF INDIGENT PERSONS--CREMATION AND NATURAL ORGANIC REDUCTION PERMITTED.--The body of an unclaimed decedent or an indigent person, the disposition of which is the responsibility of the county pursuant to the provisions of Chapter 24, Article 13 NMSA 1978, may be cremated or reduced by natural organic reduction upon the order of the county official responsible for ensuring the disposition of the body or upon the order of any other government official authorized to order the cremation or natural organic reduction. Absent a showing of bad faith or malicious intent, the official ordering the cremation or natural organic reduction and the person or establishment carrying out the cremation or natural organic reduction shall be immune from liability related to the cremation or natural organic reduction."
SECTION 3. Section 24-13-1 NMSA 1978 (being Laws 1939, Chapter 224, Section 1, as amended) is amended to read:
"24-13-1. BURIAL, [OR] CREMATION OR NATURAL ORGANIC REDUCTION OF UNCLAIMED DECEDENTS AND OF INDIGENTS.--For the purposes of Chapter 24, Article 13 NMSA 1978, a dead person whose body has not been claimed by a friend, relative or other interested person assuming the responsibility for and expense of disposition shall be considered an unclaimed decedent. It is the duty of the board of county commissioners of each county in this state to cause to be decently interred, [or] cremated or reduced by natural organic reduction the body of any unclaimed decedent or indigent person. The county shall ensure that the body is buried, [or] cremated or reduced by natural organic reduction no later than thirty days after a determination has been made that the body has not been claimed, but no less than two weeks after death. If the body is cremated or reduced by natural organic reduction, the county shall ensure that the cremated or reduced remains are retained and stored for no less than two years in a manner that allows for identification of the remains. After the expiration of two years, the cremated or reduced remains may be disposed of, provided the county retains a record of the place and manner of disposition for not less than five years after such disposition."
SECTION 4. Section 24-13-2 NMSA 1978 (being Laws 1939, Chapter 224, Section 2, as amended) is amended to read:
"24-13-2. PERSONS DEEMED INDIGENT.--A deceased person shall be considered to be an indigent for purposes of Chapter 24, Article 13 NMSA 1978 if [his] the deceased person's estate is insufficient to cover the cost of burial, [or] cremation or natural organic reduction."
SECTION 5. Section 24-13-3 NMSA 1978 (being Laws 1939, Chapter 224, Section 3, as amended) is amended to read:
"24-13-3. EXPENSES FOR BURIAL, [OR] CREMATION OR NATURAL ORGANIC REDUCTION.--If the unclaimed decedent had known assets or property of sufficient value to defray the expenses of cremation, [or] burial or natural organic reduction, invoices for the expenses shall be forwarded to such person or official authorized by law to be appointed administrator of the estate of the decedent, and such person or official shall pay the expenses out of the decedent's estate. To the extent that the deceased person is indigent, the burial, [or] cremation or natural organic reduction expenses shall be borne by the county of residence of the deceased person. If the county of residence of the deceased person is not known, the burial, [or] cremation or natural organic reduction expenses shall be borne by the county in which the body was found. The burial, [or] cremation or natural organic reduction expenses may be paid by the county out of the general fund or the [county indigent hospital claims] health care assistance fund in an amount up to six hundred dollars ($600) for the burial, [or] cremation or natural organic reduction of any adult or minor."
SECTION 6. Section 24-13-4 NMSA 1978 (being Laws 1939, Chapter 224, Section 4, as amended) is amended to read:
"24-13-4. BURIAL AFTER INVESTIGATION--COST OF OPENING AND CLOSING GRAVE.--The board of county commissioners after proper investigation shall cause any deceased indigent or unclaimed decedent to be decently interred, [or] cremated or reduced by natural organic reduction. The cost to be paid by the county of opening and closing a grave shall not exceed six hundred dollars ($600), which sum shall be in addition to the sums enumerated in Section 24-13-3 NMSA 1978."
SECTION 7. Section 24-13-5 NMSA 1978 (being Laws 1939, Chapter 224, Section 5, as amended) is amended to read:
"24-13-5. PAYMENT OF BURIAL, [OR] CREMATION OR NATURAL ORGANIC REDUCTION EXPENSES--COMMISSIONERS' LIABILITY.--The board of county commissioners of any county within this state may authorize payment for the burial, [or] cremation or natural organic reduction of an indigent person, as defined in Section 24-13-2 NMSA 1978 or of an unclaimed decedent, as defined in Section 24-13-1 NMSA 1978. All available assets of the deceased shall be used to reimburse the county for the cost of burial, [or] cremation or natural organic reduction. Should the county be required to pay expenses for burial, [or] cremation or natural organic reduction of an unclaimed decedent who has left an estate, the estate shall reimburse the county for those expenses. The county commissioners shall be liable either personally or officially to the county they represent in double the amount they have paid toward the burial, [or] cremation or natural organic reduction of a person other than as authorized by this section."
SECTION 8. Section 24-13-6 NMSA 1978 (being Laws 1939, Chapter 224, Section 6, as amended) is amended to read:
"24-13-6. MONEY FROM RELATIVES--DUTY OF FUNERAL DIRECTOR.--Should any funeral director or other person allowed by law to conduct the business of a funeral director accept money from the relatives or friend of a deceased person whom the board of county commissioners has determined to be an indigent or an unclaimed decedent, the funeral director shall immediately notify the board of county commissioners of the payment or offer for payment, and the board of county commissioners shall not thereafter pay for the burial, [or] cremation or natural organic reduction involved, or, if the board of county commissioners has already paid for the burial, [or] cremation or natural organic reduction, the funeral director shall immediately refund the money paid to [him] the funeral director by the board of county commissioners for the burial, [or] cremation or natural organic reduction."
SECTION 9. Section 24-13-7 NMSA 1978 (being Laws 1939, Chapter 224, Section 7, as amended) is amended to read:
"24-13-7. FAILURE TO NOTIFY--FUNERAL DIRECTOR'S LIABILITY.--If any funeral director or other person authorized by law to conduct the business of a funeral director receives or contracts to receive any money or thing of value from relatives or friends of a deceased alleged indigent or unclaimed decedent whose burial, [or] cremation or natural organic reduction expenses are paid or to be paid by the board of county commissioners and fails to notify the board of county commissioners of that fact, the funeral director or other person authorized by law to conduct the business of a funeral director shall be liable to the county in an amount double the amount paid or to be paid by the board of county commissioners of that county."
SECTION 10. Section 61-32-3 NMSA 1978 (being Laws 1993, Chapter 204, Section 3, as amended) is amended to read:
"61-32-3. DEFINITIONS.--As used in the Funeral Services Act:
A. "board" means the board of funeral services;
B. "committal service" means a service at a place of interment or entombment that follows a funeral conducted at another location;
C. "cremains" means cremated remains;
D. "cremation" means the reduction of a dead human body by direct flame to a residue that includes bone fragments;
E. "crematory" means every place or premises that is devoted to or used for cremation and pulverization of the cremains;
F. "crematory authority" means the individual who is ultimately responsible for the operation of a crematory;
G. "department" means the regulation and licensing department;
H. "direct disposer" means a person licensed to engage solely in providing direct disposition at a direct disposition establishment, licensed pursuant to the Funeral Services Act, as provided in that act;
I. "direct disposition" means only the disposition of a dead human body as quickly as possible, without a direct disposer performing or arranging a funeral, graveside service, committal service or memorial service, whether public or private, and without embalming of the body unless embalming is required by the place of disposition;
J. "direct supervision" means that the supervising funeral service practitioner is physically present with and in direct control of the person being trained;
K. "disposition" means the final disposal of a dead human body, whether it be by earth interment, above-ground interment or entombment, cremation, natural organic reduction, burial at sea or delivery to a medical school, when th