Interment or Cremation of Deceased Indigents

  1. Law
  2. Georgia Code
  3. Local Government
  4. Supervision and Support of Paupers
  5. Interment or Cremation of Deceased Indigents

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  1. Whenever any person dies in this state and the decedent, his or her family, and his or her immediate kindred are indigent and unable to provide for the decedent's decent interment or cremation, the governing authority of the county wherein the death occurs shall make available from county funds a sum sufficient to provide a decent interment or cremation of the deceased indigent person or to reimburse such person as may have expended the cost thereof voluntarily, the exact amount thereof to be determined by the governing authority of the county but shall not exceed the lesser of the actual costs of interment or cremation.
  2. The Department of Corrections is authorized to reimburse the governing authority of the county where expenditures have been made in accordance with this Code section for the burial or cremation of any inmate under the authority, jurisdiction, or control of the Department of Corrections; but in no case shall the governing authority of the county be entitled to reimbursement where the decedent was in the custody of a county correctional institution or other county correctional facility.

(Ga. L. 1863-64, p. 60, § 1; Code 1868, § 788; Code 1873, § 766; Code 1882, § 766; Civil Code 1895, § 441; Civil Code 1910, § 556; Code 1933, § 23-2304; Ga. L. 1967, p. 616, § 1; Ga. L. 1972, p. 971, § 1; Ga. L. 1974, p. 616, § 1; Ga. L. 1978, p. 1048, § 1; Ga. L. 1980, p. 722, § 1; Ga. L. 1982, p. 2107, § 34; Ga. L. 1983, p. 3, § 27; Ga. L. 1985, p. 265, § 1; Ga. L. 1985, p. 283, § 1; Ga. L. 1991, p. 431, §§ 1, 2; Ga. L. 2013, p. 669, § 1/SB 83.)

Cross references.

- Embalming, transportation, and care of bodies generally, T. 31, C. 21.

Notifying of commissioner of corrections and county coroner upon sudden death of inmate or death of inmate under unusual circumstances, § 42-5-7.

JUDICIAL DECISIONS

Coroner's right to reimbursement.

- When a coroner, not officially but as an individual, caused dead paupers, the victims of a storm, to be buried decently, the coroner was entitled to be reimbursed by the county. Walker v. Sheftall, 73 Ga. 806 (1884).

OPINIONS OF THE ATTORNEY GENERAL

Nature of county's responsibility.

- County has fulfilled the county's responsibility under this section when the county makes available from county funds at least $75.00, but not more than $125.00, to provide a decent interment for a deceased pauper; whether these funds are used to provide a lined pine coffin, plus normal burial expenses, or any other means of decent interment, is at the option of the county. 1971 Op. Att'y Gen. No. U71-129 (decided prior to 1991 amendment deleting provisions relating to minimum and maximum amounts from O.C.G.A. § 36-12-5).

CHAPTER 13 BUILDING, ELECTRICAL, AND OTHER CODES

Sec.

  • 36-13-1. Creation, adoption, amendment, and repeal of codes.
  • 36-13-2. Matters which may be covered by county codes.
  • 36-13-3. Adoption of codes by reference to national or regional codes.
  • 36-13-4. Contracts with other political subdivisions to issue building permits and enforce codes.
  • 36-13-5. Appointment of inspectors and assistants.
  • 36-13-5.1. Issuance of citations for violation in certain counties; jurisdiction; warrant for arrest for failure to appear in response to citation.
  • 36-13-6. Promulgation of rules and regulations concerning permits and inspections; establishment of fees or charges.
  • 36-13-7. Areas to which codes, rules, and regulations may be made applicable.
  • 36-13-8. Notice and hearing prior to enactment of codes, rules, or regulations.
  • 36-13-9. Appropriation and expenditure of funds.
  • 36-13-10. Remedies for actual or proposed violations of codes, rules, or regulations.
  • 36-13-11. Compliance as prerequisite to issuance of permit; failure to secure required permit.
  • 36-13-12. Criminal penalty for violations of codes, rules, or regulations.
Cross references.

- Adoption by counties and municipalities of the Georgia State Plumbing Code, the Georgia State Electrical Code, § 8-2-20 et seq. Local Government Code Enforcement Boards, § 36-74-1 et seq.

JUDICIAL DECISIONS

Authority of county to impose additional tax on building permits.

- Ga. L. 1960, p. 560, § 1 et seq. does not give a county the authority to impose a tax or charge in addition to all charges currently imposed for building permits, when those funds are allocated directly to the board of education. DeKalb County v. Brown Bldrs. Co., 227 Ga. 777, 183 S.E.2d 367 (1971).


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