Assigned to RAGE                                                                                                        AS PASSED BY HOUSE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1668

 

disposition; remains; authorization; legal decision-making

(NOW: legal decision-making; decedent; authorization)

As passed by the Senate, S.B. 1668 modified requirements relating to the final disposition of human remains.

The House of Representatives adopted a strike-everything amendment that does the following:

Purpose

Modifies the requirements relating to the duty for funeral and disposition arrangements of a minor decedent.

Background

Statute designates the duty of burying the body of or providing other funeral and disposition arrangements for a decedent in a devolving order as follows: 1) the decedent's spouse if the person was married; 2) the person who is designated as having power of attorney for the decedent in the decedent's most recent health care power of attorney; 3) the decedent's parents if the decedent was a minor; 4) the decedent's adult children; 5) the decedent's parent; 6) the decedent's adult sibling; 7) the decedent's adult grandchild; 8) the decedent's grandparent; 9) an adult who exhibited special care and concern for the decedent; 10) the person who was acting as the guardian of the person of the decedent at the time of death; 11) any other person who has the authority to dispose of the decedent's body; 12) any person or fraternal, charitable or religious organization willing to assume responsibility if none of the designated persons are financially capable of providing for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry; or 13) the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) if the decedent was a prisoner in the custody of ADCRR at the time of death and none of the designated persons are willing to provide for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry (A.R.S. § 36-831).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Specifies that, in the duty 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.

2.   Makes technical changes.

3.   Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

· Adopted the strike-everything amendment relating to the duty for funeral and disposition arrangements of a minor decedent.

House Action

HHS                3/23/26      DPA/SE    11-0-0-1

3rd Read          4/14/26                        55-0-5

Prepared by Senate Research

April 14, 2026

JT/NRG/ci