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20-17-1402. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1402. Definitions.
As used in this subchapter:
(1) “Authorizing agent” means the person who assumes original and lawful possession of a body under § 20-17-102 or § 20-17-701 et seq.;
(2) “DD Form 93” means a United States Department of Defense Record of Emergency Data or its successor form;
(3)(A) “Funeral establishment” means an entity or person:
(i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and
(ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body.
(B) “Funeral establishment” includes the office of a coroner or medical examiner of:
(i) A municipality of the State of Arkansas;
(ii) A county of the state; or
(iii) The state;
(4) “Interment” means the disposition of human remains by entombment, burial, or placement in an urn that is deposited above or below ground;
(5) “Next of kin” means the following in the order named if the person is eighteen (18) years of age or older and is of sound mind:
(A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93;
(B) Second, a person appointed by the decedent in the decedent's declaration of final disposition;
(C) Third, a surviving spouse;
(D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children;
(E) Fifth, a surviving parent;
(F) Sixth, a surviving sibling;
(G) Seventh, a surviving grandparent;
(H) Eighth, the guardian of the decedent at the time of the decedent's death; and
(I) Ninth, the person in the classes of the next degree of k
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-1402
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 14b9d1d7d9ccf1d73a76d66516a71780a0ec479520ebc943fb4d0780103f6892
Source location: content.xml paragraph 17157
Stored source content
20-17-1402. Definitions.
As used in this subchapter:
(1) “Authorizing agent” means the person who assumes original and lawful possession of a body under § 20-17-102 or § 20-17-701 et seq.;
(2) “DD Form 93” means a United States Department of Defense Record of Emergency Data or its successor form;
(3)(A) “Funeral establishment” means an entity or person:
(i) Devoted to sheltering, caring for, cremating, preparing, storing, or disposing of a human body; and
(ii) That is licensed by the State of Arkansas to embalm, cremate, care, or dispose of a dead human body.
(B) “Funeral establishment” includes the office of a coroner or medical examiner of:
(i) A municipality of the State of Arkansas;
(ii) A county of the state; or
(iii) The state;
(4) “Interment” means the disposition of human remains by entombment, burial, or placement in an urn that is deposited above or below ground;
(5) “Next of kin” means the following in the order named if the person is eighteen (18) years of age or older and is of sound mind:
(A) First, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the next of kin is the person authorized to direct disposition on the DD Form 93;
(B) Second, a person appointed by the decedent in the decedent's declaration of final disposition;
(C) Third, a surviving spouse;
(D) Fourth, a surviving child, or if there is more than one (1) child of the decedent, the majority of the surviving children;
(E) Fifth, a surviving parent;
(F) Sixth, a surviving sibling;
(G) Seventh, a surviving grandparent;
(H) Eighth, the guardian of the decedent at the time of the decedent's death; and
(I) Ninth, the person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent;
(6) “Person” means an individual, firm, partnership, copartnership, association, corporation, or other entity;
(7) “Unclaimed remains” means the remains of a decedent when the next of kin entitled to the right to control the disposition of the remains:
(A) Cannot be located; or
(B) Does not exercise his or her right of disposition within two (2) days of notification of the death of the decedent or within five (5) days of the decedent's death, whichever is earlier;
(8) “Veteran” means a person who served in the United States active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable;
(9) “Veterans cemetery” means a cemetery under the control of:
(A) The United States Department of Veterans Affairs National Cemetery Administration; or
(B) The Department of Veterans Affairs; and
(10) “Veterans service organization” means an entity that is:
(A) A charitable organization that is tax exempt under the United States Internal Revenue Code; and
(B) Organized for the benefit of veterans and has been recognized by the United States Congress, including without limitation the Disabled American Veterans, Veterans of Foreign Wars of the United States, the American Legion, the Legion of Honor, the Vietnam Veterans of America, and the Missing in America Project.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-102. Arkansas Final Disposition Rights Act of 2009 — Definitions.
(a)(1) This section may be cited as the “Arkansas Final Disposition Rights Act of 2009”.
(2) As used in this section:
(A) “DD Form 93” means a United States Department of Defense Record of Emergency Data or its successor form;
(B) “Died while serving” means the death of a person in a capacity when the secretary of the military service has the authority to provide for the recovery, care, and disposition of the remains of the person as provided under 10 U.S.C. § 1481(a)(1)-(8) as in effect on January 1, 2011; and
(C) “Final disposition” means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus.
(b)(1)(A) Except as provided under subdivision (b)(2) of this section, an individual of sound mind and eighteen (18) or more years of age may execute at any time a declaration specifying the final disposition of his or her bodily remains at his or her death, provided the disposition is in accordance with existing laws, rules, and practices for disposing of human remains.
(B) The declaration of final disposition executed under this section shall be signed by the declarant or another at the declarant's direction and shall be witnessed by two (2) individuals.
(C) Additional consent of any other person is not required if the declaration of final disposition contains a disposition authorized under this section and is otherwise valid under this section.
(2) Notwithstanding any other declaration made under this section or any other law, if the decedent died while serving in any branch of the United States Armed Forces, the National Guard, or a reserve component of the armed forces, the decisions regarding the final disposition for the deced
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-701. Definitions — Rights of coroner or courts unaffected.
(a) As used in this subchapter:
(1) “Medical school” means a medical school or school of osteopathic medicine in this state that is:
(A) Accredited by an accrediting agency recognized by the United States Department of Education; or
(B) Approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education;
(2) “Next of kin” means a spouse, parent, child, sibling, or person otherwise authorized under § 20-17-702;
(3) “Unclaimed body” means a human body for which the next of kin:
(A) Cannot be located; or
(B) Does not exercise his or her right of disposition within the earlier of:
(i) Two (2) days of notification of the death of the deceased; or
(ii) Five (5) days of the death of the deceased; and
(4) “Unclaimed remains” means the cremated remains of an unclaimed body.
(b) This subchapter does not affect the right of a coroner to hold the dead body as described under § 20-17-703 for the purpose of investigating the cause of death or affect the right of any court of competent jurisdiction to enter an order affecting the disposition of the body.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-701. This identifies an authority to review, not proof of applicability.