(The Center Square) – Families with missing relatives who likely died in a natural disaster would be able to obtain a declaration of death without waiting seven years, as is the current law, if a proposal passing a North Carolina legislative committee becomes law.
Alena’s Law, known also as House Bill 537, was approved Wednesday morning in the House of Representatives’ Committee on Emergency Management and Disaster Recovery.
Alena Ayers of Mitchell County and her husband, Stephen, were swept away in the floodwaters after Hurricane Helene. Stephen’s body was later recovered downstream in Tennessee but Alena’s has not.
“Despite the best efforts of law enforcement and volunteers, Alena’s body is yet to be found and she is presumed to be dead,” said Rep. Dudley Greene, R-Avery, one of the sponsors.
The bill would create an exemption from the seven-year requirement when a person has likely died in an area hit by a natural disaster, Greene told the committee.
Five people are still missing in the aftermath of Helene, the legislator said.
“Passage of 537 would allow their families to pursue things such as estate settlements, child custody, insurance claims and resolve other issues needed to restore some sense of normalcy in their lives,” Green said.
Kelly White, a cousin of Ayers, spoke before the committee Wednesday.
“I spent four months out looking for her, working with volunteers and law enforcement,” White said. “Obviously, we may not find her. But I think it is a positive change and a bright light that can help other people.”
She described Ayers as “a wonderful person” who would want to help other people.
The legislation now goes to the House Judiciary 1 Committee for consideration and if approved would then advance to the Rules Committee which would decide whether to send it to a full House vote.
The bill reads in part, “The disappearance and continued absence for at least 90 days of a person that coincides with a disaster declaration, or a federally declared disaster, shall create a rebuttable presumption of the death of a person.”
