SB 61

01-20 20:03  1st Sub. (Green) S.B. 61
  Jen Plumb proposes the following substitute bill:
1Funeral Services Licensing Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Jen Plumb
  House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends provisions relating to funeral services licensing.
6   Highlighted Provisions:
7This bill:
8▸ amends provisions relating to the final placement of remains;
9▸ removes the option for an oral preneed funeral agreement;
10▸ removes the requirement that a funeral service establishment receive a receipt before
11   releasing remains from alkaline hydrolysis and cremation; and
12▸ makes technical changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
18   AMENDS:
  1st Sub. S.B. 61
1958-9-102, as last amended by Laws of Utah 2020, Chapter 354
2058-9-611, as last amended by Laws of Utah 2018, Chapter 326
2158-9-613, as last amended by Laws of Utah 2023, Chapter 111
2258-9-614, as enacted by Laws of Utah 2018, Chapter 326
2358-9-617, as enacted by Laws of Utah 2018, Chapter 326
2458-9-618, as enacted by Laws of Utah 2018, Chapter 326
25
26   Be it enacted by the Legislature of the state of Utah:
27Section 1. Section 58-9-102 is amended to read:
2858-9-102 . Definitions.
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29      [In addition to the definitions in Section 58-1-102, as] As used in this chapter:
30   (1)(a) "Alkaline hydrolysis" means a water-based dissolution process using alkaline
31chemicals, heat, and sometimes agitation or pressure that reduces human remains to a
32liquid and to dry bone residue[ and] .
33(b) "Alkaline hydrolysis" includes the disposal of the liquid and the processing and
34pulverization of the dry bone residue.
35   (2) "Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
36hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of
37human remains.
38   (3) "Alkaline hydrolysis container" means a container:
39(a) in which human remains are transported to a funeral service establishment and
40placed in an alkaline hydrolysis chamber for [resomation] the alkaline hydrolysis
41process; and
42(b) that meets substantially all of the following standards:
43(i) able to be closed in order to provide a complete covering for the human remains;
44(ii) resistant to leakage or spillage;
45(iii) rigid enough for handling with ease; and
46(iv) able to provide protection for the health, safety, and personal integrity of
47crematory personnel.
48   (4) "Authorizing agent" means a person legally entitled to authorize the cremation or the
49alkaline hydrolysis process of human remains.
50   (5) "Beneficiary" means the individual who, at the time of the individual's death, [is to
51receive] receives the benefit of the property and services purchased under a preneed
52funeral arrangement.
53   (6) "Board" means the Board of Funeral Service created in Section 58-9-201.
54   (7) "Body part" means:
55(a) a limb or other portion of the anatomy that is removed from [a person] an individual
56or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or
57medical research; or
58(b) a human body or any portion of a body that has been donated to science for medical
59research purposes.
60   (8) "Buyer" means a person who purchases a preneed funeral arrangement.
61   (9) "Calcination" means a process in which a dead human body is reduced by intense heat
62to a residue that is not as substantive as the residue that follows cremation.
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63   (10) "Cremated remains" means all the remains of a cremated body recovered after the
64completion of the cremation process, including pulverization [which] that leaves only
65bone fragments reduced to unidentifiable dimensions and may possibly include the
66residue of foreign matter including casket material, bridgework, or eyeglasses that were
67cremated with the human remains.
68   (11)(a) "Cremation" means the technical process, using direct flame and heat, or a
69chemical process, that reduces human remains to bone fragments through heat and
70evaporation, or a chemical process[, and ] .
71(b) "Cremation" includes the processing and usually the pulverization of the bone
72fragments.
73   (12) "Cremation chamber" means the enclosed space within which the cremation process
74takes place and which is used exclusively for the cremation of human remains.
75   (13) "Cremation container" means the container:
76(a) in which the human remains are transported to the crematory and placed in the
77cremation chamber for cremation; and
78(b) that meets substantially all of the following standards:
79(i) composed of readily combustible or consumable materials suitable for cremation;
80(ii) able to be closed in order to provide a complete covering for the human remains;
81(iii) resistant to leakage or spillage;
82(iv) rigid enough for handling with ease; and
83(v) able to provide protection for the health, safety, and personal integrity of
84crematory personnel.
85   (14) "Crematory" means the building or portion of a building that houses the cremation
86chamber and the holding facility.
87   (15) "Direct disposition" means the disposition of a dead human body:
88(a) as quickly as law allows;
89(b) without preparation of the body by embalming; and
90(c) without an attendant funeral service or graveside service.
91   (16) "Disposition" means the final disposal of a dead human body by:
92(a) earth interment;
93(b) above ground burial;
94(c) cremation;
95(d) calcination;
96(e) alkaline hydrolysis;
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97(f) burial at sea;
98(g) delivery to a medical institution; or
99(h) other lawful means.
100   (17) "Embalming" means replacing body fluids in a dead human body with preserving and
101disinfecting chemicals.
102   (18) "Final placement of remains" means, if a disposition yields any remaining residual
103matter as a direct result of the disposition, the final storage, placement, or other manner
104of disposing of the remaining residual matter.
105   [(18)] (19)(a) "Funeral merchandise" means any of the following into which a dead
106human body is placed in connection with the transportation or disposition of the body:
107(i) a vault;
108(ii) a casket; or
109(iii) other personal property.
110(b) "Funeral merchandise" does not include:
111(i) a mausoleum crypt;
112(ii) an interment receptacle preset in a cemetery; or
113(iii) a columbarium niche.
114   [(19)] (20) "Funeral service" means a service, rite, or ceremony performed:
115(a) with respect to the death of a human; and
116(b) with the body of the deceased present.
117   [(20)] (21) "Funeral service director" means an individual licensed under this chapter who
118may engage in all lawful professional activities regulated and defined under the practice
119of funeral service.
120   [(21)] (22)(a) "Funeral service establishment" means a place of business at a specific
121street address or location licensed under this chapter that is devoted to:
122(i) the embalming, care, custody, shelter, preparation for burial, and final disposition
123or final placement of remains of dead human bodies; and
124(ii) the furnishing of services, merchandise, and products purchased from the
125establishment as a preneed provider under a preneed funeral arrangement.
126(b) "Funeral service establishment" includes:
127(i) all portions of the business premises and all tools, instruments, and supplies used
128in the preparation and embalming of dead human bodies for [burial, cremation,
129alkaline hydrolysis, and final disposition as defined by division rule] disposition;
130and
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131(ii) a facility used by the business in which funeral services may be conducted.
132   [(22)] (23) "Funeral service intern" means an individual licensed under this chapter who is
133permitted to:
134(a) assist a funeral service director in the embalming or other preparation of a dead
135human body for disposition;
136(b) assist a funeral service director in the cremation, calcination, alkaline hydrolysis, or
137pulverization of a dead human body or [its] the body's remains; and
138(c) perform other funeral service activities under the supervision of a funeral service
139director.
140   [(23)] (24) "Graveside service" means a funeral service held at the location of [disposition]
141an earth internment.
142   [(24)] (25) "Memorial service" means a service, rite, or ceremony performed:
143(a) with respect to the death of a human; and
144(b) without the body of the deceased present.
145   [(25)] (26) "Practice of funeral service" means:
146(a) supervising the receipt of custody and transportation of a dead human body to
147prepare the body for:
148(i) disposition; or
149(ii) shipment to another location;
150(b) entering into a contract with a person to provide professional services regulated
151under this chapter;
152(c) embalming or otherwise preparing a dead human body for disposition;
153(d) supervising the arrangement or conduct of:
154(i) a funeral service;
155(ii) a graveside service; or
156(iii) a memorial service;
157(e) cremation, calcination, alkaline hydrolysis, or pulverization of a dead human body or
158the body's remains;
159(f) supervising the arrangement of:
160(i) a disposition; or
161(ii) a direct disposition;
162(g) facilitating:
163(i) a disposition; or
164(ii) a direct disposition;
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165(h) supervising the sale of funeral merchandise by a funeral establishment;
166(i) managing or otherwise being responsible for the practice of funeral service in a
167licensed funeral service establishment;
168(j) supervising the sale of a preneed funeral arrangement; and
169(k) contracting with or employing individuals to sell a preneed funeral arrangement.
170   [(26)] (27)(a) "Preneed funeral arrangement" means a written [or oral ]agreement sold in
171advance of the death of the beneficiary under which a person agrees with a buyer to
172provide at the death of the beneficiary any of the following as are typically provided
173in connection with a disposition:
174(i) goods;
175(ii) services, including:
176(A) embalming services; and
177(B) funeral directing services;
178(iii) real property; or
179(iv) personal property, including:
180(A) a casket;
181(B) another primary container;
182(C) a cremation, alkaline hydrolysis, or transportation container;
183(D) an outer burial container;
184(E) a vault;
185(F) a grave liner;
186(G) funeral clothing and accessories;
187(H) a monument;
188(I) a grave marker; and
189(J) a cremation or alkaline hydrolysis urn.
190(b) "Preneed funeral arrangement" does not include a policy or product of life insurance
191providing a death benefit cash payment upon the death of the beneficiary [which] that
192is not limited to providing the products or services described in Subsection [(26)(a)]
193(27)(a).
194   [(27)] (28) "Processing" means the reduction of identifiable bone fragments after the
195completion of the cremation or the alkaline hydrolysis process to unidentifiable bone
196fragments by manual means.
197   [(28)] (29) "Pulverization" means the reduction of identifiable bone fragments after the
198completion of the cremation or alkaline hydrolysis and processing to granulated particles
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199by manual or mechanical means.
200   [(29) "Resomation" means the alkaline hydrolysis process.]
201   (30) "Sales agent" means an individual licensed under this chapter as a preneed funeral
202arrangement sales agent.
203   (31) "Temporary container" means a receptacle for cremated or alkaline hydrolysis remains
204usually made of cardboard, plastic, or similar material designed to hold the cremated
205remains until an urn or other permanent container is acquired.
206   (32) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
20758-9-501.
208   (33) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
209and 58-9-502.
210   (34) "Urn" means a receptacle designed to permanently encase cremated or alkaline
211hydrolysis remains.
212Section 2. Section 58-9-611 is amended to read:
21358-9-611 . Final placement of remains from cremation.
214   (1)(a) An authorizing agent shall provide the person with whom cremation arrangements
215are made with a signed statement specifying the final [disposition] placement of the
216remains from cremation[cremated remains], if known.
217(b) The funeral services establishment shall retain a copy of the statement.
218   (2)(a) The authorizing agent is responsible for the [disposition of the cremated remains]
219final placement of remains from cremation.
220(b) If the authorizing agent or the agent's representative has not specified the [ultimate
221disposition] final placement of remains from cremation or claimed the cremated
222remains within 60 days [from the date of the cremation] after the day on which the
223cremation occurs, the funeral service establishment may [dispose of the remains]
224conduct the final placement of remains in any manner permitted by law, except
225scattering.
226(c) The authorizing agent shall reimburse the funeral services establishment for all
227reasonable costs incurred in disposing of the cremated remains under Subsection
228(2)(b).
229(d) The person or entity [disposing of cremated remains] conducting the final placement
230of remains from cremation under this section:
231(i) shall make and keep a record of the [disposition of the remains] final placement of
232remains; and
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233(ii) is discharged from any legal obligation or liability concerning the remains once
234the [disposition has been made] person conducts the final placement of remains.
235(e) Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeral
236services establishment or other responsible party as of May 5, 2008, or any time after
237that date.
238   (3)(a) An authorizing agent may direct a funeral service establishment to [dispose of]
239conduct the final placement of remains or arrange for the[ disposition of cremated
240remains] final placement of remains from cremation:
241(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
242(ii) by scattering the cremated remains over uninhabited public land, the sea, or other
243public waterways subject to health and environmental laws and regulations; or
244(iii) in any manner on the private property of a consenting owner.
245(b) If [cremated remains are to be disposed of] the authorizing agent intends to conduct
246the final placement of remains on private property, other than dedicated cemetery
247property, the authorizing agent shall provide the funeral service establishment with
248the written consent of the property owner [prior to disposal of the remains] before the
249final placement of remains.
250(c) In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remains
251must be reduced to a particle size of one-eighth inch or less and removed from [their]
252the remains' closed container.
253   [(4) A funeral service establishment may not release cremated remains for scattering under
254this section to the authorizing agent or the agent's designated representative until the
255funeral service establishment is given a receipt that shows the proper filing has been
256made with the local registrar of births and deaths.]
257Section 3. Section 58-9-613 is amended to read:
25858-9-613 . Authorization for alkaline hydrolysis -- Penalties for removal of items
259   from human remains.
260   (1) Except as otherwise provided in this section, a funeral service establishment may not
261perform alkaline hydrolysis on human remains until the funeral service establishment
262has received:
263(a) an alkaline hydrolysis authorization form signed by an authorizing agent;
264(b) a completed and executed burial transit permit or similar document, as provided by
265state law, indicating that disposition of the human remains is to be by alkaline
266hydrolysis; and
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267(c) any other documentation required by the state, county, or municipality.
268   (2)(a) The alkaline hydrolysis authorization form shall contain, at a minimum, the
269following information:
270(i) the identity of the human remains and the time and date of death, including a
271signed declaration of visual identification of the deceased or refusal to visually
272identify the deceased;
273(ii) the name of the funeral director and funeral service establishment that obtained
274the alkaline hydrolysis authorization;
275(iii) notification as to whether the death occurred from a disease declared by the
276Department of Health and Human Services to be infectious, contagious,
277communicable, or dangerous to the public health;
278(iv) the name of the authorizing agent and the relationship between the authorizing
279agent and the decedent;
280(v) a representation that the authorizing agent has the right to authorize the
281disposition of the decedent by alkaline hydrolysis and that the authorizing agent is
282not aware of any living [person] individual with a superior or equal priority right to
283that of the authorizing agent, except that if there is another living [person]
284individual with a superior or equal priority right, the alkaline hydrolysis
285authorization form shall contain a representation that the authorizing agent has:
286(A) made reasonable efforts to contact that [person] individual;
287(B) been unable to do so; and
288(C) no reason to believe that the [person] individual would object to the disposition
289of the decedent by alkaline hydrolysis;
290(vi) authorization for the funeral service establishment to use alkaline hydrolysis for
291the disposition of the human remains;
292(vii) the name of the person authorized to receive the human remains from the funeral
293service establishment;
294(viii) the manner in which the final [disposition of the human remains] placement of
295remains is to take place, if known;
296(ix) a listing of each item of value to be delivered to the funeral service establishment
297along with the human remains, and instructions as to how each item should be
298handled;
299(x) the signature of the authorizing agent, attesting to the accuracy of all
300representations contained on the alkaline hydrolysis authorization form;
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301(xi) if the alkaline hydrolysis authorization form is being executed on a preneed
302basis, the disclosure required for preneed programs under this chapter; and
303(xii) except for a preneed alkaline hydrolysis authorization, the signature of the
304funeral director of the funeral service establishment that obtained the alkaline
305hydrolysis authorization.
306(b)(i) The [person] individual referred to in Subsection (2)(a)(xii) shall execute the
307alkaline hydrolysis authorization form as a witness and is not responsible for any
308of the representations made by the authorizing agent.
309(ii) The funeral director or the funeral service establishment shall warrant that the
310human remains delivered to the funeral service establishment have been positively
311identified by the authorizing agent or a designated representative of the
312authorizing agent as the decedent listed on the alkaline hydrolysis authorization
313form.
314(iii) The authorizing agent or the agent's designee may make the identification
315referred to in Subsection (2)(b)(ii) in person or by photograph.
316   (3)(a) A funeral service establishment may not accept unidentified human remains for
317alkaline hydrolysis.
318(b) If a funeral service establishment takes custody of an alkaline hydrolysis container [
319subsequent to] after the human remains [being] were placed within the container, the
320funeral service establishment can rely on the identification made before the remains
321were placed in the container.
322(c) The funeral service establishment shall place appropriate identification on the
323exterior of the alkaline hydrolysis container based on the prior identification.
324   (4)(a) A person who removes or possesses dental gold or silver, jewelry, or mementos
325from human remains:
326(i) with purpose to deprive another over control of the property is guilty of an offense
327and subject to the punishments provided in Section 76-6-404;
328(ii) with purpose to exercise unauthorized control and with intent to temporarily
329deprive another of control over the property is guilty of an offense and subject to
330the punishments provided in Section 76-6-404.5; and
331(iii) under circumstances not amounting to Subsection (4)(a)(i) or (ii) and without
332specific written permission of the individual who has the right to control those
333remains is guilty of a class B misdemeanor.
334(b) The fact that residue or any unavoidable dental gold or dental silver or other precious
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335metals remain in alkaline hydrolysis equipment or a container used in a prior alkaline
336hydrolysis process is not a violation of Subsection (4)(a).
337Section 4. Section 58-9-614 is amended to read:
33858-9-614 . Recordkeeping.
339   (1)(a) A funeral service establishment shall furnish to the [person] individual who
340delivers human remains to the establishment for alkaline hydrolysis a receipt signed
341by a representative of the establishment and the [person] individual making the
342delivery, showing:
343(i) the date and time of the delivery;
344(ii) the type of casket or alternative container delivered;
345(iii) the name of the [person] individual from whom the human remains were received;
346(iv) the name of the funeral establishment or other entity with whom the person
347making the delivery is affiliated;
348(v) the name of the [person] individual who received the human remains on behalf of
349the funeral service establishment; and
350(vi) the name of the decedent.
351(b) The funeral service establishment shall keep a copy of the receipt in the funeral
352service establishment's permanent records for a period of seven years.
353   (2)(a) Upon release of human remains after alkaline hydrolysis, a funeral service
354establishment shall furnish to the [person] individual who receives the human remains
355a receipt signed by a representative of the funeral service establishment and the [
356person] individual who receives the human remains, showing:
357(i) the date and time of the release;
358(ii) the name of the person to whom the human remains were released; and
359(iii) if applicable:
360(A) the name of the funeral establishment, cemetery, or other entity with whom
361the person receiving the human remains is affiliated;
362(B) the name of the person who released the human remains on behalf of the
363funeral service establishment; and
364(C) the name of the decedent.
365(b)(i) The receipt shall contain a representation from the person receiving the human
366remains confirming that the remains will not be used for any improper purpose.
367(ii) Upon release of the human remains, the person to whom the human remains were
368released may transport the human remains in any manner in the state, without a
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369permit, and [dispose of the human remains] conduct the final placement of remains
370in accordance with this chapter.
371(c) The funeral service establishment shall retain a copy of the receipt in the funeral
372service establishment's permanent records for a period of seven years.
373   (3)(a) The funeral service establishment shall maintain at the funeral service
374establishment's place of business a permanent record of each disposition by alkaline
375hydrolysis that took place at the funeral service establishment.
376(b) The permanent record shall contain:
377(i) the name of the decedent;
378(ii) the date of disposition by alkaline hydrolysis;
379(iii) the [final disposition of the human remains] final placement of remains; and
380(iv) any other document required by this chapter.
381Section 5. Section 58-9-617 is amended to read:
38258-9-617 . Final placement of remains from the alkaline hydrolysis process.
383   (1)(a) An authorizing agent shall provide the person with whom the authorizing agent
384makes alkaline hydrolysis arrangements [are made with ]a signed statement
385specifying the final [disposition] placement of [the ]remains from the alkaline
386hydrolysis process, if known.
387(b) The funeral service establishment shall retain a copy of the statement.
388   (2)(a) The authorizing agent is responsible for the final [disposition] placement of [the ]
389remains from the alkaline hydrolysis process.
390(b) If the authorizing agent or the agent's representative has not specified the [ultimate
391disposition of] final placement of remains or claimed the remains from the alkaline
392hydrolysis process within 60 days [from the date of the alkaline hydrolysis process]
393after the day on which the alkaline hydrolysis process occurs, the funeral service
394establishment may [dispose of the remains] conduct the final placement of remains in
395any manner permitted by law, except scattering.
396(c) The authorizing agent shall reimburse the funeral service establishment for all
397reasonable costs incurred in [disposing of the remains] conducting the final placement
398of remains from the alkaline hydrolysis process under Subsection (2)(b).
399(d) The person or entity [disposing of remains] conducting the final placement from the
400alkaline hydrolysis process under this section:
401(i) shall make and keep a record of the final [disposition] placement of [the ]remains;
402and
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403(ii) is discharged from any legal obligation or liability concerning the remains once
404the final [disposition] placement of remains has been made.
405   (3)(a) An authorizing agent may direct a funeral service establishment to [dispose of]
406conduct the final placement of remains or arrange for the final [disposition] placement
407of remains from the alkaline hydrolysis process:
408(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
409(ii) by scattering the remains over uninhabited public land, the sea, or other public
410waterways subject to health and environmental laws and regulations; or
411(iii) in any manner on the private property of a consenting owner.
412(b) If the authorizing agent intends to conduct the final placement of remains from the
413alkaline hydrolysis process [are to be disposed of ]on private property, other than
414dedicated cemetery property, the authorizing agent shall provide the funeral service
415establishment with the written consent of the property owner before [disposal] the
416final placement of [the ]remains.
417(c) In order to scatter remains from the alkaline hydrolysis process under Subsection
418(3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or
419less and removed from the remains' closed container.
420   [(4) Under this section, a funeral service establishment may not release remains from the
421alkaline hydrolysis process to the authorizing agent or the agent's designated
422representative for scattering until the funeral service establishment is given a receipt that
423shows the proper filing has been made with the local registrar of births and deaths.]
424Section 6. Section 58-9-618 is amended to read:
42558-9-618 . Limitation of liability.
426   (1) An authorizing agent who signs an alkaline hydrolysis authorization form warrants the
427truthfulness of the facts set forth on the form, including:
428(a) the identity of the deceased whose remains are to undergo the alkaline hydrolysis
429process; and
430(b) the authorizing agent's authority to order the alkaline hydrolysis process.
431   (2) A funeral service establishment may rely upon the representations made by an
432authorizing agent under Subsection (1).
433   (3) The authorizing agent is personally and individually liable for all damage resulting from
434a misstatement or misrepresentation made under Subsection (1).
435   (4)(a) A funeral service establishment may arrange for the alkaline hydrolysis process
436upon receipt of an alkaline hydrolysis authorization form signed by an authorizing
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437agent.
438(b) A funeral service establishment that arranges the alkaline hydrolysis process or
439releases or [disposes of human] conducts the final placement of remains from the
440alkaline hydrolysis process pursuant to an alkaline hydrolysis authorization form is
441not liable for an action the funeral service establishment takes [pursuant to] in
442accordance with that authorization.
443   (5) A funeral service establishment is not responsible or liable for any valuables delivered
444to the establishment with human remains.
445   (6) A funeral service establishment may refuse to arrange for the alkaline hydrolysis
446process of a decedent, to accept human remains for the alkaline hydrolysis process, or to
447perform the alkaline hydrolysis process:
448(a) if the funeral service establishment is aware of a dispute concerning the disposition
449of the human remains and the funeral service establishment has not received a court
450order or other suitable confirmation that the dispute has been resolved;
451(b) if the funeral service establishment has a reasonable basis for questioning any of the
452representations made by an authorizing agent; or
453(c) for any other lawful reason.
454   (7)(a) If a funeral service establishment is aware of a dispute concerning the release or
455disposition of remains from the alkaline hydrolysis process in the funeral service
456establishment's possession, the establishment may refuse to release the remains until:
457(i) the dispute has been resolved; or
458(ii) the funeral service establishment has received a court order authorizing the
459release or disposition of the remains.
460(b) A funeral service establishment is not liable for its refusal to release or [dispose of
461remains] conduct the final placement of remains from the alkaline hydrolysis process
462in accordance with this Subsection (7).
463Section 7. Effective Date.
464   This bill takes effect on May 6, 2026.
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