Dead human bodies; storage of body for more than 48 hours prior to disposition. (SB595)

Introduced By

Sen. Kenneth Alexander (D-Norfolk)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Dead bodies; storage. Requires any person or institution that has initial custody of a dead human body to ensure that the dead body is maintained in refrigeration at no more than approximately 40 degrees Fahrenheit or to enter into an agreement with a local funeral service establishment to store the dead body. Read the Bill »

Status

03/07/2016: Passed the General Assembly

History

DateAction
01/13/2016Prefiled and ordered printed; offered 01/13/16 16102944D
01/13/2016Referred to Committee on Education and Health
01/20/2016Impact statement from VDH (SB595)
01/28/2016Reported from Education and Health with substitute (15-Y 0-N) (see vote tally)
01/28/2016Committee substitute printed 16104700D-S1
01/29/2016Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/01/2016Read second time
02/01/2016Reading of substitute waived
02/01/2016Committee substitute agreed to 16104700D-S1
02/01/2016Engrossed by Senate - committee substitute SB595S1
02/01/2016Impact statement from VDH (SB595S1)
02/02/2016Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee on Health, Welfare and Institutions
02/16/2016Assigned HWI sub: Subcommittee #3
02/25/2016Subcommittee recommends reporting with amendment(s) (4-Y 0-N)
02/25/2016Reported from Health, Welfare and Institutions with amendments (21-Y 0-N) (see vote tally)
02/26/2016Read second time
02/29/2016Read third time
02/29/2016Committee amendments agreed to
02/29/2016Engrossed by House as amended
02/29/2016Passed House with amendments BLOCK VOTE (99-Y 0-N)
02/29/2016VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
03/02/2016House amendments agreed to by Senate (40-Y 0-N) (see vote tally)
03/04/2016Enrolled
03/04/2016Bill text as passed Senate and House (SB595ER)
03/04/2016Impact statement from VDH (SB595ER)
03/04/2016Signed by Speaker
03/07/2016Signed by President
03/08/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/08/2016Enrolled Bill Communicated to Governor on 3/8/2016
03/08/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bobby Orrock (R-Thornburg): AN INDIVIDUAL HAS PASSED ON, IN A LICENSED FACILITY, SUCH AS NURSING HOME, OR HOSPITAL, THAT INSTITUTION EITHER HAS TO HAVE IN PLACE THAT THEY CAN PROVIDE THROUGH THEIR OWN RESOURCES OR AN AGREEMENT WITH ANOTHER FACILITY TO ENSURE THAT THE REMAINS OF THE DECEASED WILL BE REFRIGERATED WITHIN 48 HOURS. THESE ARE THE SAME REQUIREMENTS THAT EXIST WITHIN THE FUNERAL HOME COMMUNITY. I HOPE IT BE THE PLEASURE OF THE BODY TO PASS THE BILL.

[Unknown]: AND RELATING TO COMPENSATION OF DEALERS FOR RECALLED VEHICLES.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM VIRGINIA BEACH, MR. VILLANUEVA.

Del. Ron Villanueva (R-Virginia Beach): MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, SENATE


Del. Bill Howell (R-Fredericksburg): SUBSTITUTE? ALL IN FAVOR OF THE MOTION WILL. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THE CLERK WILL CLOSE THE ROLL. THEIR VOTE?

[Unknown]: S1 39, NOS 0. THE SENATE CONCURS WITH THE HIS SUBSTITUTE. SENATE BILL 595 PASSED THE HOUSE WITH AMENDMENTS. THE SENATOR FROM NORFOLK, SENATOR ALEXANDER.

Sen. Kenneth Alexander (D-Norfolk): I MOVE THAT WE ACCEPT THE AMENDMENTS AND SPEAKING TO THE --

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Kenneth Alexander (D-Norfolk): THIS BILL RELATES TO THE STORE AND OF HUMAN REMAINS AND INSTITUTIONS OTHER THAN FUNERAL HOMES AFTER 48 HOURS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE AMENDMENTS. ALL IN FAVOR OF THE MOTION WILL. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE SENATE CONCURS WITH THE

Comments

Isabel Berney writes:

This is a very bad bill. There appears to be no provision for those who want a home funeral and/or home burial, for those of Jewish or Muslim faith or for others who want a more natural disposition. The CDC states that dead bodies pose little threat to public health. It is reasonable to be able to keep a body at home for about 3 days at a much warmer temperature than 40 degrees. This bill seems to be good for funeral homes, but very bad for consumers. It should be defeated.

Sandy Schlaudecker writes:

With home funerals and burials becoming more common, families who do not want, or cannot afford a funeral and wish to keep their loved one in their home prior to burial, could be in violation of this law if it passed. Please do more research into home funerals and why people are choosing to keep their deceased loved one with them until burial, which is usually within 48 hours. Please defeat this bill.

Perry Power writes:

I find it interesting that the proposer of this bill is a funeral director. Is there not a conflict of interest here? How does a supporter of home funerals get a bill introduced? According to the Home Funeral Alliance: www.homefuneralalliance.org, Virginia has a law that after 48 hours a body must be refrigerated. That law allows families to have the time they need for a home funeral. Please defeat this bill so that families continue to have that option.

Lee Webster, President writes:

This bill is fraught with issues that affect Virginia families seeking to care for their own dead, a fundamental American right that will be severely impeded if it becomes law. It invites the government into private homes to monitor the intimate activities of families, an unrealistic and, fortunately, unenforceable intrusion. By requiring an unnecessary and unattainable goal of refrigerating to an untenable degree - not cooling to a reasonable temperature - it will force families to purchase goods and services they may neither need or want. These costs can reach thousands of dollars, adding debt to loss. There is absolutely no public health safety benefit, as the CDC, WHO, CID, and PAHO all agree. Bodies can safely stay in a 65 degree room, use dry ice, cooling blankets, air conditioning, and many other methods for 2-3 or more days with no problem in most cases, especially hospice patients. This bill is yet another example of government overreach intended to force Americans to hire a professional from the $20B funeral industry for something that has, since time began, been the responsibility and privilege of families. The National Home Funeral Alliance and its Virginia members oppose this bill and have sent each Senator and Delegate a detailed letter explaining the problems with it and suggesting alternate language that supports Virginia citizens. Please stop this bill.

Editor’s Pick
Philip Olson writes:

There is a growing movement across our country to support increasing numbers of families who, seeking a more personalized, private, and loving funeral experience, wish to care for their own dead at home, which is presently lawful in Virginia, as it is in most other states across the country. The home funeral movement is nationally organized and supported by the National Home Funeral Alliance, the national Funeral Consumer's Alliance(FCA), the FCA's many local affiliates, and the Green Burial Council.

The Dead Body Storage Bill unnecessarily inhibits Virginia citizens from exercising their rights to care for their own dead at home, by requiring that dead bodies be stored at no more than 40 degrees Fahrenheit, or that Virginia families pay a funeral professional to store the body. For the vast majority of Virginia families, it is impracticable to keep the body of a deceased loved one at no more than 40 degrees Fahrenheit, which means that families who want a home funeral, and who wish to forego embalming or cremation, would be lawfully required to pay a funeral director to refrigerate the bodies of their loved ones.

Moreover, it is unnecessary to cool a body to no more than 40 degrees Fahrenheit. The Dead Body Storage Bill inaccurately signals to Virginia families that dead human bodies are dangerous from a public health perspective, though there is ample evidence to the contrary. According to the CDC, the WHO, the National Home Funeral Alliance, and the Funeral Consumers Alliance, there is no good reason to believe that human bodies generally pose greater public health risks within a few days of death than do the same bodies when living. Provided the body is cooled using dry ice or some equivalent means of cooling the body, the vast majority of dead human bodies can be safely kept at home among family and friends for 2-3 days until final disposition (cremation or burial).

The Dead Body Storage Bill represents an unnecessary intrusion into the private lives of citizens by restricting liberties without good reason. The only people who stand to benefit from the Dead Body Storage Bill are funeral professionals like State Senator Kenneth Alexander, who is Chief Patron of the Dead Body Storage Bill.

Chris Greenwood writes:

New York Times Headline : Start-Ups Take Rites From the Funeral Home to the Family Home

There in the comments section it says this senator's bill was created to take away people's right to home funerals. As a funeral director, he wants their money. It's from Saturday January 30th's issue.
http://www.nytimes.com/2016/01/31/business/start-ups-take-rites-from-the-funeral-home-to-the-family-home.html?_r=0

Terry Skovronek writes:

I know it sounds reasonable to say "Bodies must be refrigerated", but what he means is "Bodies should be cooled", right? That's the goal of a refrigeration, that's what it does...it cools. This being the 21st century, we have lots of ways of providing cooling other than a 'fridge. We've got whole room cooling systems (they call them Air Conditioners), techni-ice, blankets made of materials that freeze and provide massive cooling capability, and a range of chemical products which create frozen blocks and packs that cool so well one could freeze a body, if that were the goal (it's not).

By demanding that only one kind of cooling is allowed, that being refrigeration, Senator Alexander guarantees one must hire a funeral home. Is Senator Alexander 'playing' his co-workers so that the senator can legislate folks out of home funerals? Is he trying to intentionally cause a disruption in home funeral practices? I don't know. Maybe. Or maybe he just didn't think it through. But that's ok, because we have, and we're on it. Oppose SB595.

Shelia Champion writes:

Please people of Virginia and the rest of the world. Do your home work before supporting this bill. The passing of such without ample research will only hurt the people the Senator is claiming to protect. Think logically, who will benefit? NO ONE EXCEPT the FUNERAL INDUSTRY!! They're trying their best to have a monopoly on the care of the deceased. Most won't allow viewing unless the body is embalmed which is a barbaric function that serves no purpose other than making a wax like image of the deceased. I will admit, that in cases of traumatic deaths, it may be of benefit for a family viewing. However, for a natural death it is entirely unnecessary. As stated by others, there are many ways to keep the body cooled, i.e., refrigerated. What would one do in case of a natural disaster and the electricity is out for days or weeks? Would families then have to transport their loved ones hundreds of miles to a refrigerator? We have these natural disasters often. What if I don't want my body taken to some strange place and put in a refrigerator when I die? Do I not have any rights in the matter? Please get the opinions of someone other than funeral directors. Don't be afraid to ask important questions. Talking about death will not make it happen any more than talking about winnning the lottery will make it happen. THINK THIS THROUGH Virginia and say NO!!

Ted L Garrison writes:

I would like to mention a POV more inherent to a Buddhist view that the personality takes a full 72 hours to separate successfully from the issues of being in form. There are current system s that verify this concept at the level of science. We do not simply die and no purpose for the body during a natural process to provide a ground for the personality as it has its own conscious sense of a natural process, only made Unnatural when the link is broken through movement of the body. And that time is the deepest time for meditation and sharing and remembrance. What's the rush anyway! There is a whole way of thinking about life and death and forgiveness inherent in the human right to have a good death. Rush is never healthy for anybody.

Josefine Speyer writes:

I hope the proposed bill will be defeated. This bill does not serve the people and especially not those who wish for a home funeral. This bill serves the interest of the funeral director who proposed it and those in the funeral industry who wish to stop families having a home funerals, therefore I believe this bill is a move driven by financial interests and a fear if people do not buy what these funeral directors offer, they must be forced to do so.

It is high time that the American funeral industry becomes more environmentally aware.
As stated in comments above, there are many ways of keeping a body cooled or refrigerated. Techno ice is what some people in the UK use to keep the body at home for a few days until the funeral, if that is what the family want. It is perfectly safe.

The overbearing attitude of the funeral industry needs to be exposed, it is infringing on people's rights on how to conduct a funeral and this should be stopped. I hope the people of Virginia decide to say no to this bill, because that is only common sense.

Anna Bolyard writes:

The previous comments have stated all the reasons for defeating the body storage bill. I agree with all of them. Funerals were a family affair before embalming was offered as a service to the affluent families of the north during the civil war due to the weeks it took to transport the bodies back to the families. The embalming business evolved into the funeral industry of today on the false premise that there was a safety issue. There was no safety issue before the funeral industry marketed the service of embalming, and there is no safety issue now. Embalming is no longer needed or required by law, and preservation of the body for the few days of vigil while lying in honor at home is very easy to accomplish with today's cooling methods as stated, ie air conditioning, dry ice, techni ice, cooling blankets. Please read the online material from Funeral Consumers Alliance, Green Burial Council, and National Home Funeral Alliance for the facts concerning body preservation for funeral arrangement purposes. The people of Virginia can help all of us by contacting your representatives to let your wishes and innate rights known. That is the only way to have laws written of the people, by the people and for the people, and not for special interests motivated by financial gain.

Don Byrne writes:

I oppose SB595 and urge others to as well. When it comes to family choice in end-of-life matters, I advocate more options, not fewer, and more family involvement, not less. When dying time visits a family, we carry each other. Let's preserve the right to do that in our own homes. -- Don @ PiedmontPineCoffins.com

Richard Luke writes:

This bill looks like another attempt by the funeral home lobby to increase their business at the expense of consumers. There isn't any reasonable need to refrigerate a body. Please vote against this bill. BAD FOR CONSUMERS good for the funeral industry.

Tom Long writes:

The statements, facts and issues written above are accurate, consistent and important. The funeral industry has been perpetrating such nonsense for well over a century now. Hopefully, the good folks of Virginia will not only retain their rights to DIY funerals but also set another precedent toward such rights in all states and provinces. Readers can find more information, as well as good humor, in the following two books: The American Way of Death Revisited, by Jessica Mitford, 1998; and, Final Rights, by Joshua Slocum and Lisa Carlson, 2011.

Nancy Ward writes:

Please, Virginia legislators, vote NO on SB595. It is simply a way to mandate profits for the funeral industry.

Families were taking care of their own dead long before anyone claimed the title of Mortician or Funeral Director and long before refrigeration. A cold room, a piece of dry ice, air-conditioning are readily available today. Keeping a body cool or even cold, does not require refrigeration.

Families who wish to honor their own, at home, should not be discriminated against nor burdened by unnecessary legislation. Please uphold the rights of families over the right of corporate profits.

Vote NO on SB595.

shana parker writes:

Please, Virginia legislators, vote NO on SB595.
As a parent who buried a child I can personally say what saved MY life was to be able to keep her little body in the house for the three days prior to the funeral. The Mortuary came by with ice and a little casket. The gentleness of this is beyond words. Don't take this right away!!!

Courtney Stewart writes:

This is indeed a very bad bill. This is an economic and emotional stress on the consumer and a big win for the funeral industry's pocketbook. It is also a very sneaky way to require bodies be picked up from home immediately and charge more for refrigeration. The green movement has inspired people to rethink death and consider more environmentally responsible and meaningful alternatives to expensive and lavish funerals.

I worked very hard to keep my mother home with round the clock care and the loving support of family, friends and neighbors. She died a natural death, holding my hand in the wee hours of a dreary Sunday morning in January, just a few days after her 90th birthday. Her hospice nurse and I bathed her, put on her signature red lipstick and called her nurses, friends and loved ones to stop by the house. As people started to arrive, a sudden burst of sunlight came through her bedroom window--she was beautiful and illuminated with sunshine. I believe that a soul does not leave a body immediately, that it lingers and goes when it is ready. I am not very religious, but her death changed me. I am proud that I helped my mother die well. This bill would have robbed my mother, her community and her family of a dignified, and personal end-of-life experience.

Consumers should angry about this.

Catherine Yount writes:

I am a Virginian and I oppose this bill. Deaths often result in economic hardships as it is but an unexpected one even more so and for a law to restrict the right to have a home funeral or viewing is absurd and an abuse of power on behalf of the funerary industry. Senator Kenneth Alexander, the patron of this bill (and an owner of a funeral business) should be ashamed of himself for trying to enrich himself above allowing Virginians the right to conduct themselves up to being laid to rest.

Jennie Freeman writes:

This is a horrific abuse of power at the expense of grieving families, for the sole purpose of financial gain. It's unconstitutional, unethical, & tacky. I'm appalled that this is something we are having to fight.

Deni writes:

This is a very bad bill. There appears to be no provision for those who want a home funeral and/or home burial, for those of Jewish or Muslim faith or for others who want a more natural disposition. The CDC states that dead bodies pose little threat to public health. It is reasonable to be able to keep a body at home for about 3 days at a much warmer temperature than 40 degrees. This bill seems to be good for funeral homes, but very bad for consumers. It should be defeated.
This has special interests written all over it. Really -- a funeral home owner sponsored this bill that only seems to benefit funeral homes?? How stupid was the Senate to pass this power grab? There is already legislation that addresses the storage/coolng of bodies. Pass this and it'll open the door for more abuse.
Funeral homes generally extort people for something that should be so simply done and AFFORDABLE. You will find more people simply abandoning bodies or worse, burying them themselves in undisclosed locations because funeral home$$$$ want your money money money. We recently went for cremation other than burial simply because of cost.

Christopher Robinson writes:

My religious beliefs prevent me from letting funeral homes desecrate my body in the way that they do. If this passes....I will be calling the ACLU!!!

Michelle writes:

I oppose SB595! Let the families decide what to do with their loved ones instead of letting funeral homes bully them into spending money they might not be able to afford! There are no legitimate health reasons to not keep the body at home if that is what they wish!

Isabella Leon writes:

Another over-reach from a government that is not working to do what is best for Virginians. We do not want the government intruding on us in our moment of grief. The dead should be cared for in the home, if that is the wish of the family, without Virginia trying to put its foot in the door. Leave families in grief alone!

Billy Mitchell writes:

I hope the citizens go a step further and this Senator loses his seat next election. He is showing that his interests are more important than the people's.

Charlotte Cockrell writes:

This bill is clearly financially motivated. There are not health risks associated with keeping a corpse in the home without refrigeration. It only serves to cost money to grieving families who would be capable of caring for their own deceased were it not for this bill passing. It is intrusive, unnecessary, and financially costly.

Senator Kenneth C. Alexander is a funeral director by trade, and this bill's true purpose is to force families into using funeral homes in circumstances where, without this bill passing, they would not.

michael pechner writes:

A bill written by someone who has a fiduciary interest in the bill becoming law is wrong.

Melissa Wright writes:

This is just despicable, a bill written by someone who will stand to benefit from it at the expense of grieving families. Honestly just wrong.

Terry Skovronek writes:

DId you see the video ASK A MORTICIAN posted about this bill?
Here is the video: https://www.youtube.com/watch?v=RCH43YUO_iU

Lisa Ashby writes:

I'm a funeral director apprentice, and I support the right of the family to have a home funeral. Laws that prevent options for the family and directly benefit funeral homes are a step back for our profession.

Rev. Nancy McAndrew writes:

I sincerely hope the Virginia Senate will not pass this legislation which so obviously aims to deny citizens of the Commonwealth their right to a home funeral. How a family chooses to honor their dead is intensely personal and should be respected. Lawmakers, please do not strip families of their rights in order to financially benefit commercial funeral homes.

Michelle Sunda writes:

This is a ludicrous bill that only exists to make funeral home directors even more wealthy! There should be a required cooling of the body but by stating this one specific method it stops people from being able to keep the body at home. There are so many ways your can cool a body that don't require a walk in at 40 degrees.

Whitney Stefani writes:

Home funerals are completely normal and safe. This bill financially penalizes families that are already grieving the loss of a loved one and inappropriately inserts the government into a deeply private, safe, and harmless practice.

Terry Skovronek writes:

Feb 23 2016
Funeral law scholar Tanya Marsh weighs in AGAINST a senate bill 595 http://www.huffingtonpost.com/tanya-d-marsh/home-funerals-rentseeking_b_9285820.html

Micah writes:

We know what this is about! against this bill! People should have the right to decide what WE want to do with the body not the FUNERAL DIRECTOR!!!

Directors are there to help not put people in mountains of DEBT To bury the body if that is what they have choosen to do so. The funeral homes should not decide for the FAMILY

Robin Carrington writes:

This is a terrible bill, put forward by a senator who would personally benefit financially from it. There is no reason to pass it otherwise.

Keep home funerals and wakes LEGAl in Virginia.

Robin Carrington writes:

This is a terrible bill, put forward by a senator who would personally benefit financially from it. There is no reason to pass it otherwise.

Keep home funerals and wakes LEGAL in Virginia.

Mary Tucker writes:

This bill arises from a conflict of interest and forces mourning families into even more difficult circumstances.

Sarah Law writes:

This bill is financially motivated and not in the best interests of Virginia families.

Jinx writes:

I have researched many studies that conclude that a body can be kept on ice or in a cool environment for over 48 hours without posing any risk or oder. Obviously, if there's an instance of a corpse being abused or decomposing is someone's residence, that needs to be investigated by law enforcement and handled individually. But I think everyone can tell this bill is NOT protecting against that type of wrong doing. It IS protecting the pockets of the funeral industry - which, surprise surprise - Mr. Alexander would profit from. This bill is a waste of legislature and an undue burden on grieving Virginians.