2010 PROPOSED CREMATION LEGISLATION
Revised Thursday, October 22, 2009
CREMATION STATUTES
65-1760. Definitions. As used in this act, unless the context clearly shows otherwise:
(a) "Alternative container" means a receptacle, other than a casket, in which dead
human bodies are transported to the crematory and placed in the cremation chamber
for cremation. An alternative container shall be (1) composed of readily combustible
materials suitable for cremation, (2) able to be closed in order to provide a complete
covering for the dead human bodies, (3) resistant to leakage or spillage, (4) rigid
enough for handling with ease, and (5) able to provide protection for the health, safety
and personal integrity of crematory personnel.
(b) "Authorizing agent" means a person legally entitled to authorize the cremation and
final disposition of specific dead human bodies as defined in K.S.A. 2001 Supp. 651734, and amendments thereto.
(c) "Board" means the state board of mortuary arts. (d) "Cremated remains" means
all human remains recovered after the completion of the cremation of a dead human
body, which may possibly include the residue of any foreign matter including casket
material, bridgework or eyeglasses, that was cremated with the dead human body.
(e) "Cremation" means the reduction of a dead human body to essential elements
through direct exposure to intense heat and flame and the repositioning or movement of
the body during the process to facilitate reduction, the processing of the cremated
remains after removal from the cremation chamber, placement of the processed
remains in a cremated remains container and release of the cremated remains to an
appropriate party.
(f) "Cremation chamber" means the enclosed space within which the cremation of a
dead human body is performed. Such chambers shall be used exclusively for the
cremation of human remains.
(g) "Crematory" means a business premises that houses the cremation chamber and
holding facility where dead human bodies are cremated. A crematory shall be
maintained at a fixed and specific street address.
(h) “Crematory operator” means a person who is engaged in, conducting or holding
oneself out as engaged in or conducting, the business of cremation.
(h) (i) "Crematory operator in charge" means the licensed crematory operator who is
responsible to ensure that the crematory's license is current and that the licensed
crematory is in compliance with the laws and regulations of this state. Nothing in this
definition shall relieve other persons involved with a cremation from complying with
state and federal laws and regulations.
(i) (j) "Dead human body" means a lifeless human body or such parts of a human
body or the bones thereof from the state of which it reasonably may be concluded that
death recently occurred.
(j) (k) "Funeral director" means a person who holds a current license as a funeral
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director issued by the board.
(k) (l) "Funeral establishment" means a funeral establishment or branch
establishment as licensed by the board.
(l) (m) "Holding facility" means an area within or adjacent to a licensed crematory
designated for the retention of dead human bodies prior to the act of cremation that
shall:
(1) Comply with any applicable public health statute, regulation or ordinance;
(2) preserve the dignity of the dead human body;
(3) recognize the integrity, health and safety of the crematory's personnel operating
the crematory; and
(4) be secure from access by anyone other than authorized personnel.
(m) (n) "Potentially hazardous implant" means any device previously placed within the
now deceased human body that would result in potential harm or damage at any time
during the cremation process.
(n) (o) "Temporary container" means a receptacle for cremated remains, usually
composed of cardboard, plastic or similar material, that can be closed in a manner that
prevents the leakage or spillage of the cremated remains or the entrance of foreign
material, and is a single container of sufficient size to hold the cremated remains.
(o) (p) "Urn" means a receptacle designed to encase the cremated remains.
History: L. 2001, ch. 183, § 1; Jan. 1, 2002.
65-1761. Licensure of crematory; requirements of crematory and holding
facility. (a) No person shall operate a crematory to cremate a dead human body or
cause any dead human body to be cremated unless the crematory is licensed under
this act.
(b) Any building used as a crematory shall comply with all applicable local and state
building codes, zoning laws, ordinances and environmental standards. A crematory
shall have, on site, a motorized mechanical device for processing cremated remains
either in the building or adjacent to it and a holding facility for the retention of dead
human bodies awaiting cremation. The holding facility shall be secure from access by
anyone except authorized personnel of the crematory, shall preserve the dignity of the
dead human bodies and shall protect the health and safety of the crematory personnel.
(c) All applications for licensure as a crematory shall be on forms furnished and
prescribed by the state board of mortuary arts.
History: L. 2001, ch. 183, § 2; Jan. 1, 2002.
65-1762. Supervision; crematory operator license requirement; cremation
requirements; authorization form and coroner's permit. (a) The licensed crematory
operator in charge shall supervise the licensed crematory on a full-time or a part-time
basis and perform such other duties relating to the supervision of a licensed crematory
as prescribed by the board by rules and regulations. The crematory operator in charge
of a licensed crematory must hold a Kansas crematory operator’s license. Additionally
a crematory operator in charge must hold a funeral director's or embalmer's license
unless the crematory only receives dead human bodies for cremation through licensed
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funeral establishments or branch funeral establishments.
(b) Only licensed crematory operators may perform cremation.
(b) (c) No crematory, crematory operator or crematory operator in charge shall cremate
or cause to be cremated any dead human body until it has received:
(1) A cremation authorization form signed by an authorizing agent. The written
authorization shall include:
(A) The identity of the dead human body and the time and date of death;
(B) the name of the funeral director or assistant funeral director and the funeral
establishment or branch establishment, or the authorizing agent, that obtained the
cremation authorization;
(C) notification as to whether the cause of death occurred from a disease declared by
the department of health and environment to be infectious, contagious, communicable
or dangerous to the public health;
(D) the name of the authorizing agent and the relationship between the authorizing
agent and the decedent;
(E) authorization for the crematory to cremate the dead human body;
(F) a representation that the dead human body does not contain a pacemaker or any
other material or implant that may be potentially hazardous or cause damage to the
cremation chamber or the person performing the cremation;
(G) the name of the person authorized to receive the cremated remains from the
crematory; and
(H) the signature of the authorizing agent, attesting to the accuracy of all
representations contained on the cremation authorization form.
(2) A completed and executed coroner's permit to cremate, as is provided in K.S.A. 652426a and amendments thereto, indicating that the dead human body is to be
cremated.
History: L. 2001, ch. 183, § 3; L. 2004, ch. 43, § 1; July 1.
New:
Crematory operator, use of title. (a) A crematory operator shall, in connection with
such person’s licensed crematory, use the words “crematory operator” or any other title
implying that such person is engaged in the business cremation.
Cremation, who in charge of. Every cremation conducted in this state shall be under
the personal supervision of a licensed crematory operator or crematory operator in
charge with all cremations performed at a licensed crematory.
Crematory Operator’s license; application; qualifications; display of license. (a)
Every person desiring to enter the practice of a crematory operator shall make written
application to the board on forms as prescribed by the board. The application shall
show that the applicant is of legal age, has successfully completed training in
performing cremation services as provided by rules and regulations of the board. Each
application shall be accompanied by a crematory license fee set by the board in
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accordance with the provisions of KSA 65-1727 and amendments thereto.
(b) All licenses shall be signed by the president and secretary of the board and
attested by its seal. Every crematory operator shall at all times prominently display the
crematory operator’s license in the crematory operator’s place of employment.
Same, biennial renewal fee; notice; suspension of license; reinstatement fee;
relicensure; rules and regulations; evidence of continuing education required for
license renewal. (a) The renewal fee for a crematory operator's license shall be in the
amount fixed by the state board of mortuary arts in accordance with the provisions of
K.S.A. 2008 Supp. 65-1727 and amendments thereto. The fee shall be due and
payable to the secretary of the board prior to the expiration date of the license. The
secretary of the board shall mail a notice of the expiration date of each license and of
the renewal fee at least 30 days prior to the date of expiration to the last known address
of each licensee. If the licensee fails to pay such renewal fee within the time specified,
the license shall automatically lapse, and the licensee shall be denied the right to
practice cremation in this state during such lapse.
(b) The board may reinstate such lapsed license upon the payment of the fee in
arrears, plus an additional reinstatement fee in the amount equal to the renewal fee, if
such lapse is not over six months in duration.
(c) Any person who fails to reinstate a lapsed license within six months after the
lapse of such license may apply for relicensure by making application on a form
provided by the board. Relicensure shall be granted upon receipt of proof that the
applicant meets qualifications to act as a licensed crematory operator, has satisfied all
of the requirements for renewal established by law and has paid the board back
renewal fees as established by the board by rules and regulations.
(d) The expiration date of each license shall be established by rules and regulations
of the board. Subject to the provisions of this subsection, each license shall be
renewed on a biennial basis upon the filing of a renewal application prior to the
expiration date of the license and upon payment of the renewal fee established
pursuant to K.S.A. 2008 Supp. 65-1727 and amendments thereto. To provide for a
system of biennial renewal of licenses, the board may provide by rules and regulations
that licenses issued or renewed for the first time after the effective date of this act may
expire less than two years from the date of issuance or renewal. In each case in which
a license is issued or renewed for a period of time of less than two years, the board
shall prorate to the nearest whole month the license or renewal fee established
pursuant to K.S.A. 2008 Supp. 65-1727 and amendments thereto.
(e) Every licensed crematory operator in Kansas shall submit with the renewal
application and renewal fee evidence of satisfactory completion of a program of
continuing education required and approved by the board. The board by duly adopted
rules and regulations shall establish the requirements for such program of continuing
education.
65-1763. Removal of pacemakers and hazardous implants; procedural
requirements for holding of and cremation of a dead human body, prohibitions,
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packaging of cremated remains; simultaneous cremations. (a) No body shall be
cremated with a pacemaker or other potentially hazardous implant in place. The
authorizing agent for the cremation of the dead human body shall be responsible for
informing the licensed funeral director, assistant funeral director, embalmer, crematory
operator or crematory operator in charge about a known pacemaker or other potentially
hazardous implant. The authorizing agent shall be responsible for ensuring that any
known pacemaker or hazardous implant is removed before delivery of the dead human
body to the crematory. Bodies with pacemakers or hazardous implants in the custody of
a crematory operator shall have any pacemaker or hazardous implant removed by an
embalmer at a funeral establishment or branch establishment with an embalming
preparation room unless the removal is to take place at a medical facility by the
appropriate medical personnel.
(b) A crematory shall hold dead human bodies, prior to their cremation, according to
the following provisions of this subsection:
(1) Whenever a crematory is unable to cremate the dead human body immediately
upon taking custody thereof, the crematory operator in charge shall place the dead
human body in a refrigeration facility at 40 degrees Fahrenheit or less, unless the dead
human body has been embalmed, or shall store the dead human body in a cremation
container at a funeral establishment or branch establishment with a preparation room or
holding facility approved by the board; and
(2) a crematory operator in charge or crematory operator shall not be required to
accept for holding a cremation container from which there is any evidence of leakage of
body fluids from the dead human body therein.
(c) No unauthorized person as determined by the crematory operator in charge of the
crematory shall be permitted in the crematory area while any dead human body is in the
crematory area awaiting cremation, being cremated or being removed from the
cremation chamber.
(d) The simultaneous cremation of more than one dead human body within the same
cremation chamber is prohibited without specific written authorization to do so from all
authorizing agents for the dead human bodies to be so cremated. Such written
authorization shall exempt the crematory operator in charge and crematory operators
from all liability for the comingling of the cremated remains during the cremation
process.
(e) The crematory shall maintain an identification system that will insure that the
cremated remains can be identified, as indicated on the cremation authorization form,
throughout all phases of the cremation process.
(f) Upon completion of the cremation, and insofar as practicable, all of the recoverable
residue of the cremation process shall be removed from the cremation chamber. If
possible, the noncombustible materials or items shall be separated from the cremated
remains and disposed of, in a lawful manner, by the crematory. The cremated remains
shall be reduced by motorized mechanical device to granulated appearance appropriate
for final disposition.
(g) Cremated remains shall be packed as follows:
(1) The cremated remains with proper identification shall be placed in a temporary
container or urn, unless specific written authorization has been received from the
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authorizing agent or as provided in paragraph (2) of this subsection. The temporary
container or urn contents shall be packed with clean packing materials;
(2) if the cremated remains will not fit within the dimensions of a temporary container
or urn, the remainder of the cremated remains shall be returned to the authorizing
agent or its representative in a separate container attached to the first container or urn
identifying such containers as belonging together;
(3) when a temporary container is used to return the cremated remains, that container
shall be, at a minimum, a cardboard box with all seams taped closed to increase the
security and integrity of that container. The outside of the container shall be clearly
identified with the name of the crematory and an indication that the container is a
temporary container; and
(4) if the cremated remains are to be shipped, the temporary container or designated
receptacle ordered by the authorizing agent shall be securely packed in a suitable,
sturdy, non-fragile container and sealed properly. Cremated remains shall be shipped
only by a method which has an internal tracing system available and which provides a
receipt signed by the person accepting delivery.
History: L. 2001, ch. 183, § 4; Jan. 1, 2002.
65-1764. Effect of authorizing agent's representations; liability regarding the
refusal to accept a dead human body; to cremate a dead human body or the
authorized cremation of a dead human body. (a) An authorizing agent signing a
cremation authorization form shall be deemed to warrant the truthfulness of any facts
set forth in such cremation authorization form, including the identity of the deceased
whose remains are sought to be cremated and such authorization agent's authority to
order such cremation. Any person signing a cremation authorization form as an
authorizing agent shall be personally and individually liable for all damage occasioned
thereby and resulting therefrom. A crematory operator in charge, crematory operator,
embalmer, assistant funeral director or a funeral director may rely upon the
representations of the authorizing agent in the cremation authorization form.
(b) A funeral director, assistant funeral director, crematory operator or crematory
operator in charge shall have the authority to arrange the cremation of a dead human
body upon the receipt of a cremation authorization form signed by an authorizing agent.
A funeral director, assistant funeral director, embalmer, crematory operator or
crematory operator in charge who pursuant to a cremation authorization arranges a
cremation, cremates a dead human body then releases or disposes of the cremated
remains shall not be liable for such acts.
(c) A funeral director, assistant funeral director, crematory operator or crematory
operator in charge who refuses to arrange a cremation, to accept a dead human body
or to perform a cremation shall not be liable for refusing to arrange, to accept the dead
human body or to perform the cremation until they receive a court order or other
suitable confirmation that the cause of the refusal has been settled. Circumstances
causing such a refusal may include:
(1) Awareness of a dispute concerning the cremation of the dead human body; or
(2) a reasonable basis for questioning any of the representations made by the
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authorizing agent; or
(3) any other lawful reason.
History: L. 2001, ch. 183, § 5; Jan. 1, 2002.
65-1765. Failure to remove pacemaker or hazardous implants; liability for
damage. If an authorizing agent informs the funeral director, assistant funeral director,
embalmer, crematory operator or the crematory operator in charge on the cremation
authorization form of the presence of a pacemaker or hazardous implant in the dead
human body such informed person shall be responsible for ensuring that all necessary
steps have been taken to remove the pacemaker or hazardous implant. Should a
funeral director or assistant funeral director anyone who delivers a dead human body to
a crematory after being informed that a pacemaker or hazardous implant is within the
dead human body and fails to ensure that the pacemaker or hazardous implant has
been removed from the dead human body pursuant to subsection (b) of K.S.A. 2001
2008 Supp. 65-1762 and amendments thereto, prior to delivery, and should the dead
human body be cremated with the pacemaker or hazardous implant, then such funeral
director or assistant funeral director individual who delivered the dead human body to
the crematory shall be liable for all resulting damages.
History: L. 2001, ch. 183, § 6; Jan. 1, 2002.
New statute:
Recycling Prosthetic Implants. (a) Any intent of the crematory to recycle metallic
remnants, prosthetic implants or anything else remaining after cremation or removed
prior to cremation requires consent from the legal next of kin of the deceased as
defined in K.S.A. 65-1734.
(b) Any such recycling must be in compliance with state and federal laws.
65-1766. Rules and regulations; policies; licensure, revocation, suspension or
denial of; penalty. (a) The state board of mortuary arts shall adopt rules and
regulations for the administration and implementation of this act. Such rules and
regulations shall include the conditions under which dead human bodies of persons
who died from an infectious, contagious, communicable or dangerous disease can be
transported from any place in the state to a crematory for the purpose of cremation;
shall establish minimal standards of sanitation, required equipment and fire protection
for all crematories as deemed necessary for the protection of the public.
(b) A crematory operator in charge may adopt reasonable policies, not inconsistent
with this act or rules and regulations adopted by the board.
(c) The state board of mortuary arts may refuse to issue or renew a license or revoke,
condition, limit, censure, fine or suspend a license for the crematory or crematory
operator upon a finding that a crematory operator or the crematory operator in charge:
(1) Has maintained or operated a building or structure within the state as a crematory
in violation of the provisions of this act or the rules and regulations adopted by the
board of mortuary arts;
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(2) has performed a cremation without a cremation authorization form signed by an
authorizing agent;
(3) has made any misleading, deceptive, untrue or fraudulent statements in applying
for or securing an original or renewal license;
(4) has been convicted of a felony or an offense of moral turpitude, and has not
demonstrated to the board's satisfaction that such crematory operator or crematory
operator in charge has been sufficiently rehabilitated to warrant the public trust;
(5) has violated any law, ordinance or rule and regulation affecting the handling,
custody, care or transportation of dead human bodies or cremated remains;
(6) has been rendered unfit to operate a crematory by reason of illness, alcohol,
chemicals or other types of substances, or as a result of any mental or physical
condition;
(7) has failed or refused to properly protect or guard against contagious,
communicable or infectious disease, or the spreading thereof;
(8) has or such person's agent, employee or representative has advertised, solicited
or sold merchandise or services in a manner which is fraudulent, deceptive or
misleading in form or content;
(9) has been found by a court of competent jurisdiction to be mentally ill, mentally
disabled, not guilty by reason of insanity or incompetent to stand trial by a court of
competent jurisdiction;
(10) has failed to furnish the board, its investigators or representatives, information
requested by the board;
(11) has failed to report to the board any adverse action taken against the crematory
operator in charge, crematory operator or the crematory by another state or licensing
jurisdiction, professional association or society, governmental agency, law enforcement
agency or a court;
(12) has knowingly submitted any misleading, deceptive, untrue or fraudulent
representation on a claim form, bill, statement or similar information to an authorizing
agent, consumer or representative of the board;
(13) has had a license to operate a crematory, crematory operator or similar license
revoked or suspended, or had other action taken against oneself or had an application
for a license denied by the proper licensing authority of another state, territory, District
of Columbia or other country. A certified copy of the record of the action of the other
jurisdiction being conclusive evidence thereof;
(14) has aided or abetted an unlicensed person to practice any activity for which a
license is required under article 17 of chapter 65 of the Kansas Statutes Annotated and
acts amendatory of the provisions thereof or supplemental thereto;
(14) (15) has violated any rules and regulations adopted by the board or any state or
federal law related to the practice of operating a crematory; or
(15) (16) has failed to pay any fee required under this act.
(d) All administrative proceedings taken by the board pursuant to this section shall be
conducted in accordance with the provisions of the Kansas administrative procedure
act.
(e) A violation of this section or any provision of this act is hereby declared to be a
class A nonperson misdemeanor.
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History: L. 2001, ch. 183, § 7; Jan. 1, 2002.
65-1767. Conflicting Kansas laws; precedence of this act. This act shall take
precedence over any conflicting Kansas laws, other than state environmental laws, that
govern the handling and disposition of dead human bodies for cremation and cremated
remains.
History: L. 2001, ch. 183, § 8; Jan. 1, 2002.
65-1768. Licensure; fees; expiration of license; exemption from licensure;
unlawful operation. (a) The crematory operator in charge of a crematory, located or
doing business within the state, shall apply for and obtain a crematory license from the
board for each crematory.
(b) An application for a new license is required if the crematory has a change in
ownership, name, location or a change in the crematory operator in charge. Such
application shall be made to the board at least 30 days prior to the change of
ownership, name or location or change in the crematory operator in charge.
(c) The crematory license fee and crematory license renewal fee shall be fixed by the
board under K.S.A. 2008 Supp. 65-1727 and amendments thereto. The disposition of
all funds collected under the provisions of this act shall be in accordance with the
provisions of K.S.A. 65-1718 and amendments thereto.
(d) A crematory license shall expire every two years on a date established by the
board. To continue operation of a crematory, a crematory operator in charge shall
submit a biennial renewal application form and the crematory license renewal fee to the
board before the expiration date of such license.
(e) A crematory license shall be judged delinquent on midnight of the expiration date
and may only be renewed after that day by payment of a renewal fee and a
reinstatement fee in an amount equal to the renewal fee.
(f) It is unlawful for any person who is not an operator in charge of a crematory or a
crematory operator under this act to operate a crematory, or hold oneself out as
operating a crematory, or engage or attempt to engage in the business of crematory
operator.
(g) The Kansas university medical center shall be exempt from this statute for the
purpose of cremating remains donated for dissecting, demonstrating or teaching
purposes.
History: L. 2001, ch. 183, § 9; Jan. 1, 2002.
65-1727. Fees; fixed by rules and regulations; notice to licensee; licensure by
endorsement. (a) On or before October 15 of each year, the state board of mortuary
arts shall determine the amount of funds that will be required during the next ensuing
two years to properly administer the laws which the board is directed to enforce and
administer under the provisions of article 17 of chapter 65 of the Kansas Statutes
Annotated, and acts amendatory of the provisions thereof and supplemental thereto,
and by rules and regulations shall fix fees in such reasonable sums as may be
necessary for such purposes within the following limitations:
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Embalmers examination fee, not more than .......$300
Embalmers endorsement application fee, not
more than ............................................................$400 $500
Embalmers reciprocity application fee, not more
than .....................................................................$400 $500
Funeral directors examination fee, not more
than .....................................................................$300 $400
Funeral directors reciprocity application fee,
not more than...................................................... $400 $500
Embalmers/funeral directors reciprocity application
fee, not more than ...............................................$400 $500
Assistant funeral directors application fee, not more
than .....................................................................$200 $300
Assistant funeral directors examination fee, not more than
.............................................................................$200 $300
Embalmers license and renewal fee, not more
than .....................................................................$250 $350
Funeral directors license and renewal fee, not more
than .....................................................................$350 $450
Crematory operators license and renewal fee,
not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . $200
Assistant funeral directors license and renewal fee,
not more than ......................................................$300 $400
Apprentice embalmers registration fee, not more
than .........................................................................$150 $250
Funeral establishment license fee, not more than...$800 $1,000
Branch establishment license fee, not more than....$800 $1,000
Crematory license fee, not more than......................$800 $1,000
Crematory renewal fee, not more than ....................$800 $1,000
Funeral establishment/crematory license fee, not
more than ...............................................................$1000 $1,500
Funeral establishment/crematory renewal fee, not
more than ...............................................................$1000 $1,500
Branch establishment/crematory license fee, not
more than ...............................................................$1000 $1,500
Branch establishment/crematory renewal fee, not
more than ...............................................................$1000 $1,500
Duplicate licenses.......................................................$20 $30
Rulebooks...................................................................$20
Continuing education program sponsor applications .$25
Continuing education program licensee applications. $25
At least 30 days prior to the expiration date of any license issued by the board, the
board shall notify the licensee of the applicable renewal fee therefor.
(b) The fees established by the board under this section immediately prior to the
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effective date of this act shall continue in effect until such fees are fixed by the board by
rules and regulations as provided in this section. An owner of a licensed funeral
establishment or licensed branch establishment and a licensed crematory may be
charged by the board a combined funeral establishment/crematory license or renewal
fee or branch establishment/crematory license or renewal fee under this section in lieu
of a separate license or renewal fee for each facility.
(c) The state board of mortuary arts may license embalmers via endorsement from
another state: (1) if the individual has been licensed for at least five years and has
completed at least five consecutive years of active practice in embalming; (2) has
passed the national examination written by the international conference of funeral
service examining boards; and (3) has not had any adverse action taken against such
licensee by the state board in which licensure is held. The original fee for such
endorsement license and the renewal fee shall be in the amounts fixed by the board in
accordance with the provisions of this section.
(d) Fees paid to the board are not refundable.
History: L. 1964, ch. 27, § 8 (Budget Session); L. 1973, ch. 251, § 1; L. 1979, ch.
188, § 11; L. 1981, ch. 300, § 4; L. 1982, ch. 264, § 4; L. 1985, ch. 215, § 15; L. 1986,
ch. 238, § 3; L. 1991, ch. 190, § 6; L. 1995, ch. 86, § 5; L. 2001, ch. 183, § 11; L. 2007,
ch. 87, § 2; Jan. 1, 2008.
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