Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Indigent Burials Cremation topic
No spam. Unsubscribe anytime.
Committee allows counties option to cremate indigent remains, requires coroner consultation
Summary
The committee passed a substitute for Senate Bill 37 to amend KRS 72.450 to let fiscal courts or other paying authorities choose cremation for indigent burials, and added a requirement to consult the county coroner. Jewish leaders told the committee they would offer to cover burial costs for indigent Jewish decedents.
A committee substitute for Senate Bill 37 that would give fiscal courts and other local paying authorities the option to cremate the remains of indigent decedents cleared the committee after debate on religious, logistical and timing issues.
State Senator Greg Hawkins, the bill sponsor, told the committee the proposal would amend KRS 72.450 to allow counties that now must bury indigent decedents to choose cremation instead. "This bill gives them the option to cremate that person, and the Senate committee sub also requires the fiscal court or the person who bears the burden of payment to consult with the coroner in the county before making that decision," Hawkins said.
Hawkins said he had consulted with members of the Jewish community and with funeral directors while drafting the bill, and that Rabbi Littman and others had offered to arrange burial for indigent Jewish decedents so that county coroners would not be required to cremate those remains. Rabbi Shlomolutson, chairman of the Kentucky Jewish Council, told the committee that "the Jewish community puts a massive premium on being buried" and described cremation as "a horror to the Jewish community" given historical context; he said Chabad would be willing to assume responsibility for burial costs in such cases.
Committee members asked several practical questions about how and when counties would attempt to locate next of kin. Senator Tishner asked whether the bill prescribes a length of time for a "bona fide attempt to notify spouse or next of kin." Sponsor Hawkins and other senators said the bill does not set a specific timeframe; they noted coroners sometimes hold remains for extended periods while searching for relatives. A member noted that some coroners hold bodies for over a year and that funeral directors sometimes hold cremated remains for up to 10 years when families cannot be located.
The committee adopted a substitute and voted to report the bill favorably. Senator Maiden explained he had been prepared to postpone the bill but received calls from funeral directors in his district and therefore voted no. Senator Tishner said she would "pass" on the bill during roll call because she remained uncomfortable given concerns about long-term access to burial sites for families.
Votes at a glance: Senate Bill 37 — committee substitute adopted; committee reported the bill favorably. Recorded votes included yes votes from Senators Rocky Adams, Chambers Armstrong, Elkins, Mays Bledsoe, Chris McDaniel, Mills and Rawlings; Senator Maiden voted no; Senator Tishner recorded a pass/abstention. The substitute requires consultation with the county coroner before a cremation decision is made.
The bill does not currently specify a mandatory time frame for attempts to notify next of kin or for how long coroners or funeral directors must hold remains; committee members discussed possible floor amendments to address those matters but did not add them in committee.
