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Committee hears bill to clarify state authority to bury or cremate unclaimed indigent remains

Delaware House Health & Human Development Committee · April 22, 2026
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Summary

Rep. Neal said HB 359 would allow the state to bury or cremate unclaimed or indigent individuals as an option and called it a matter of dignity; committee recorded supportive votes but did not have enough present to report the bill out and will "walk" it for signatures.

Representative David Neal introduced House Bill 359 to amend Titles 29 and 31 of the Delaware Code to clarify that state agencies may bury or cremate an unclaimed or indigent person as an available option.

Neal told the committee the change is about preserving dignity. "At its core, this bill is about dignity and respect," he said, and described limited capacity at state cemetery sites: "New Castle County is full. Kent County has roughly 40 spaces remaining, and Sussex will fill quickly given that we bury approximately 160 individuals per year." He said the statutory change would give agencies another tool to ensure a timely, respectful disposition when no next of kin are available.

No members of the public registered to speak on the bill. Representative Johnson moved to release the bill for consideration; Representative Snyder Hall seconded. The clerk took a roll call and recorded affirmative votes from several members, but the chair announced there were not enough members present to report the bill out of committee that day and that staff would circulate the bill for additional signatures (often called "walking the bill").

The committee did not adopt amendments or set an effective date; if the bill receives enough signatures it will be reported to the House for further consideration. The record for the committee includes the sponsor's statement of purpose, the committee's roll-call, and the chair's instruction to seek additional signatures before reporting.

Next steps: staff will collect signatures from absent committee members; if sufficient signatures are obtained HB 359 may be reported out and scheduled for floor action.