|
Good morning all, Yesterday was a very active and productive day for the MFDA at the legislature: April 27, 2009 To: MFDA members From: Paul D. Cassidy and Andrew H. Chelseth, Leonard, Street and Deinard P.A. Re: April 2009 legislative update As the legislative session enters its final month, we wanted to keep you updated on how the active budget and policy issues are affecting the funeral industry: Indigent county burial Senate File 986/House File 1276, the bills aimed at clarifying a county’s authority to cremate in the event of an indigent death, have undergone several changes traveling through the committee process. During that process the MFDA successfully added language that ensures counties would first attempt to contact an indigent decedent’s next of kin, preserve a family’s freedom of choice when selecting a funeral director, and protects payment of necessary transportation costs to funeral homes. Finally, in the last House committee hearing language was added relieving funeral homes of the responsibility to dispose of unclaimed cremated remains. The MFDA and the county organizations agree on all of the provisions listed above, however at this time only House File 1276 contains all of the consensus language. Senate File 986 currently includes only the requirements to pay transportation costs and attempt to contact a deceased’s next of kin – the differences between the bills will be addressed either by a conference committee or another procedural action later in the legislative session. Below is a web link to the latest version of House File 1276, which includes all of the consensus language: https://www.revisor.leg.state.mn.us/bin/getbill.php?number=ceHF1276&version=1&session=ls86 Right to control Senate File 262/House File 265 is a proposal brought forward by the Minnesota State Bar Association that attempts to synchronize the list of individuals with right to control a dead body in Ch.149A.80 with the list of persons authorized to make an anatomical gift per the Uniform Anatomical Gift Act. If signed into law, the list of individuals with right to control would expand to include adult grandchildren, grandparents, adult niece or nephews, persons acting as guardians of the decedent, and an adult who exhibited special care and concern for the decedent. In addition, an amendment was added to the Senate bill allowing advance arrangements to be witnessed rather than notarized. The most current language can be seen at the web link below: https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0262.1.html&session=ls86 Omnibus Tax Bill A bill was introduced recently proposing to expand the state sales tax to funeral services. However, neither the House and Senate omnibus tax bill included that provision when they were introduced last week. We will be watching both bills for any amendments that would expand the sales tax to funerals; if you are interested, you can find the text of the House and Senate tax bills below: House: Senate: We are also monitoring the health and human service budget bills for any proposals to increase funeral licensing fees, and will keep you updated on any new information we receive. As always, if you have any questions or concerns please contact us. Paul D. Cassidy Andrew H. Chelseth Leonard, Street and Deinard, P.A. Legislative Counsel to the MFDA |