IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing sections 4720., 4721., 4722., 4723., and 4724., Jackson County Code, 1984, relating to County indigent cremations and enacting, in lieu thereof, four new sections relating to the same subject.
Intro
ORDINANCE NO. 5635, July 5, 2022
INTRODUCED BY Crystal Williams, County Legislator
Body
WHEREAS, pursuant to section 205.580, RSMo, the County has responsibility for the relief, maintenance, and support of the County’s poor; and,
WHEREAS, pursuant to section 205.630, RSMo, such support includes the payment of funeral and burial expenses; and,
WHEREAS, chapter 47 of the Jackson County Code contains provisions for the administration of the County’s current indigent cremation program; and,
WHEREAS, the Public Administrator has indicated his willingness for that office to take over responsibility for the indigent cremation program and has recommended certain revisions to chapter 47 to allow this to take place; and,
WHEREAS, such revisions are in the best interests of the health, safety, and welfare of the citizens of Jackson County; now therefore,
BE IT ORDAINED by the Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause
Sections 4720., 4721., 4722., 4723., and 4724., Jackson County Code, 1984, are hereby repealed, and four new sections enacted in lieu thereof, to be known as sections 4720., 4721., 4722., and 4724., to read as follows:
4720. Indigents, Procedure for County Burial.
The procedure provided by sections 4710. through 4725. shall be followed whenever a [person] resident of Jackson County, Missouri, is found deceased within Jackson County, is determined “indigent” as set forth herein, and [there appears to be] no other means are available to provide for that person’s [so that it appears that burial] cremation such that it should be provided at the expense of the County [under the terms of Section 205.630 of the Revised Statutes of Missouri].
4721. Determination by [Director] Public Administrator.
The [Director of Health and Welfare] Public Administrator shall determine whether any means to provide for [burial shall be] cremation are available, including resources within the estate of the deceased, funeral allowances provided by Social Security, or if any family member or other person required by law to provide for the [burial] cremation of the deceased is able to so provide.
4722. Procedure When no Resources Found.
If no source for funding the deceased’s cremation set forth in section 4721 is found, the person or entity having custody of the deceased’s body, or an next-of-kin as defined by section 194.119.2, RSMo may file an Application for Indigent Cremation with the Public Administrator [Director of Health and Welfare shall offer or require that the person having custody of the body offer the body of the deceased to the Missouri State Anatomical Board in accordance with Sections 194.120 through 194.180 of the Revised Statutes of Missouri]. The [Director] Public Administrator shall otherwise comply with any other provision of the laws of Missouri governing the disposition of dead bodies
[4723. Refusal by Board.
If the Missouri State Anatomical Board shall refuse the body, it shall be buried at county expense.]
4724. Action by Director of Finance and Purchasing.
The Director of Finance and Purchasing is authorized to execute a purchase order for the [burial] cremation on behalf of a licensed mortician [in an amount not to exceed Four Hundred Dollars ($400)].
4724.1 Commitments to Provide Services.
The Director of Finance and Purchasing shall take steps to obtain commitment from licensed morticians to provide burial services in accordance with the standards set by the [Director of Health and Welfare and] Public Administrator for a specified fee.
4724.2 Maintain File.
The Director of Finance and Purchasing shall maintain an up-to-date file of morticians to provide burial services.
Enacted and Approved
Effective Date: This ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
______________________________ ________________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached ordinance, Ordinance No. 5635 introduced on July 5, 2022, was duly passed on July 18, 2022 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ______8_________ Nays ______0________
Abstaining _____0______ Absent _____1________
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance No. 5635.
____________________ ________________________________
Date Frank White, Jr., County Executive