Committee hears bill clarifying prepaid transportation agreements for moving human remains

The House Committee on Judiciary on April 30 heard testimony on Senate Bill 1091, which defines "transportation protection agreements" to include prepaid agreements for transporting human remains and excludes those agreements from laws governing funeral merchandise, funeral services and prearrangement sales.

Scott Barry, representing SCI, told the committee that the agreements have existed for two to three decades and "allow someone to prepay for moving a deceased person if they pass away over 75 miles from home." He said the bill is intended as a clarification to preserve established practice and remove ambiguity about whether funds must be held in trust.

Angela Mackenzie Tucker, director of operations for SCI (and former president of the Oregon Mortuary and Cemetery Board), said transportation protection agreements are distinct from a funeral home's prearranged contract and that treating them the same would eliminate a low-cost consumer option. "The primary difference would be in that the monies for this service don't have to be kept in trust," she said, adding that the product helps grieving families avoid overspending and simplifies arrangements when death occurs far from home.

Witnesses said the bill has been vetted with the Oregon Mortuary and Cemetery Board and that similar clarifying statutes have appeared in other states. Committee members had no questions recorded; the public hearing was closed and no committee action was taken at the meeting.

Sponsors characterized the measure as preserving the status quo and providing regulatory clarity so consumers and third-party transport providers are not subject to conflicting rules.