ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: RAGE DP 4-3-0-0 |Third Read 17-13-0-0-0
House: HHS DPA/SE 11-0-0-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1668: disposition; remains; authorization; legal decision-making

S/E: legal decision-making decedent; authorization

Sponsor: Senator Bolick, LD 2

Caucus & COW

 

Summary of the Strike-Everything Amendment to SB1668

Overview

Specifies that for funeral and disposition arrangements of a decedent who is a minor, the parent is responsible unless there has been an award of legal decision-making or there is a parenting plan that prescribes which parent has final authority to make legal decisions on behalf of the child.

History

Individuals with legal authority, beginning with a surviving spouse and followed by designated agents, adult children, parents, siblings or other persons recognized by law, may arrange for the final disposition of a deceased person. Those responsible must comply with the decedent's documented wishes if they are responsible and not burdensome, and funeral establishments, cemeteries and crematories acting in good faith are generally protected from civil or professional liability (A.R.S. §§ 36-831, 36-831.01).

Legally competent adults may prepare a notarized or witnessed statement directing the disposition of their own remains. Facilities may carry out such directions without additional consent if financial arrangements are met. Before remains are moved between registration districts or out of state, as disposition transit permit is required from the appropriate registrar. Embalmed or transported remains must be placed in suitable shipping containers (A.R.S. § 36-326) (A.A.C. R9-19-308).

Disinterment and reinternment require written authorization from the authorized person under the statutory hierarchy or a court order. Funeral directors must obtain a permit and maintain records of the authorization or court order (A.A.C R9-19-312).

Provisions

1.   Stipulates that, in duty for funeral and disposition arrangements of a decedent who is a minor, the parent is responsible unless:

a.   there has been an award of legal decision-making; or

b.   there is a parenting plan that prescribes which parent has final authority to make legal decisions on behalf of the child. (Sec. 1)

2.   Makes technical changes. (Sec. 1)

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6.   Initials AG/TM                SB 1668

7.   3/5/2026    Page 0 Caucus & COW

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