HB 589-FN - AS INTRODUCED
2009 SESSION
10/01
HOUSE BILL 589-FN
AN ACT relative to regulating the resomation of human remains.
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes procedures for the resomation of human remains. This bill requires a resomation facility to be licensed and provides rulemaking authority for the board of funeral directors and embalmers for the purposes of the bill.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0193
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to regulating the resomation of human remains.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Resomation of Human Remains. Amend RSA by inserting after chapter 325-A the following new chapter:
CHAPTER 325-B
RESOMATION OF HUMAN REMAINS
325-B:1 Definitions. In this chapter:
I. “Alkaline hydrolysis” means the technical process that uses a high-temperature water-based alkali solution under a high pressure system to reduce human remains to bone fragments.
II. “Authorizing agent” means a person vested with the right to control the disposition of human remains pursuant to RSA 290, including but limited to, family members or funeral directors in charge of the final disposition arrangements.
III. “Board” means state board of registration of funeral directors and embalmers, as defined in RSA 325:2.
IV. “Bone fragments” means the remaining bone fragments following the resomation process and prior to powdering.
V. “Casket” means a rigid container made of wood, metal, or other similar material, ornamented and lined with fabric, which is designed for the encasement of human remains.
VI. “Change of ownership” means the change in the controlling interest of an established resomation facility.
VII. “Communicable disease” means communicable disease, as defined by RSA 141-C:2, VI.
VIII. “Delivery receipt form” means a form provided by a funeral establishment to a resomation facility authority to document the receipt of human remains by such authority for the purpose of resomation.
IX. “Funeral director” means funeral director as defined in RSA 325:1, VIII and licensed in accordance with RSA 325:14.
X. “Holding facility’“ means an area within a resomation facility, separate from public areas, designated for the retention of human remains prior to resomation.
XI. “Human remains” means the body of a deceased person or a human body part, in any stage of decomposition and includes limbs or other portions of human anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research.
XII. “Leak proof pouch” means a plastic, vinyl, or similar material bag that is made specifically for the containment of human remains.
XIII. “Next-of-kin” means next-of-kin as defined in RSA 290:16, IV.
XIV. “Operator” means the individual responsible for the day-to-day operation of the resomation facility.
XV. “Owner” means the individual, partnership, or corporation with a controlling interest in the resomation facility.
XVI. “Permanent container” means a receptacle made of durable material for the long-term placement of resomated remains.
XVII. “Powdering” means the process used to reduce bone fragments to unidentifiable remains.
XVIII. “Resomated remains” means the reduction of bone fragments to small particles following powdering.
XIX. “Resomated remains receipt form” means a form provided by a resomation facility authority to an authorizing agent or his or her representative that identifies resomated remains and the person authorized to receive such remains.
XX. “Resomation” means the technical process that uses high-temperature water-based alkali solution under a high pressure system to reduce human remains to bone fragments.
XXI. “Resomation facility” means a building or structure which contains a resomator and holding facility.
XXII. “Resomation facility authority” means the legal entity subject to licensing by the board to maintain and operate a resomation facility and perform resomation.
XXIII. “Resomator” means the stainless steel pressure vessel within which a resomation takes place.
XXIV. “Stainless steel basket” means a rigid stainless steal basket for placement within a resomator for resomation.
XXV. “Temporary container” means a receptacle made of cardboard, plastic, or other similar material in which resomated remains are placed prior to the placement of such remains in an urn or other permanent container.
XXVI. “Violations against a decedent” means actions that desecrate or tamper with human remains or personal effects, lead to the misidentification of a decedent, or allow the commingling of resomated remains of more than one decedent.
325-B:2 Resomation Facility, License Required. A resomation facility shall not be established, operated, or maintained in this state except by a resomation facility authority licensed by the board under this chapter. The board shall issue a license to a resomation facility authority that satisfies the requirements for licensure under this chapter. Human remains shall not be processed via resomation in this state except at a resomation facility operated by a resomation facility authority licensed under this chapter.
325-B:3 Environmental, Building and Location Requirements.
I. A resomation facility shall comply with all applicable environmental statutes and regulations.
II. A resomation facility may be constructed at any location in accordance with all applicable zoning and building codes.
325-B:4 License; Application; Requirements; Fee. An applicant for an initial or renewal license as a resomation facility authority shall file a written application with the board. The application shall be accompanied by the license fee required under RSA 325-B:7 and a certificate confirming that the resomator operator has attended, prior to issuance of the license, a training course provided by the manufacturer of the resomator maintained and operated by the resomation facility authority and shall set forth the full name and address of the applicant, the address and location of the resomation facility, the name of the resomation facility operator, the name and address of the owner of the resomation facility, and additional information as required by the board, including evidence of the applicant’s ability to comply with rules adopted under this chapter. The application shall include the applicant’s social security number if the applicant is an individual. The social security number shall not be a public record and shall only be used for administrative purposes.
325-B:5 License; Expiration. Except as otherwise provided in this chapter, licenses issued pursuant to this chapter shall expire 3 years after the date of issuance. Licenses shall be issued only for the resomation facility authority named in the application and shall not be transferable or assignable.
325-B:6 Change in Location, Ownership, or Name.
I. A resomation facility authority desiring to relocate a resomator shall file a written application with the board at least 30 days prior to the designated date of such relocation. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A.
II. A resomation facility authority desiring to change ownership of a resomation facility shall file a written application with the board at least 30 days prior to the designated date of such change. The application shall be accompanied by a fee as determined by the board in rules adopted under RSA 541-A.
III. A resomation facility authority desiring to change its name shall file a written application with the board at least 30 days prior to such change. The application shall be accompanied by a fee as determined in rules adopted under RSA 541-A.
325-B:7 Licensure; Fees.
I. The application for an initial or renewal license as a resomation facility authority shall include a fee determined in rules adopted under RSA 541-A.
II. If the license application is denied, the license fee shall be returned to the applicant, except that the board may retain an administrative fee and may retain the entire license fee if an inspection has been completed prior to such denial.
III. The board shall collect a fee for reinstatement of a license that has lapsed or has been suspended. The board shall collect a fee for a duplicate original license.
IV. The board shall collect a fee for a certified statement that a resomation facility authority is licensed in this state and a fee for verification that a resomation facility authority is licensed in this state.
V. All fees collected by the board under this chapter shall be remitted to the state treasurer for deposit in the general fund.
325-B:8 Inspection; Board; Duties; Authority for Appointments.
I. The board shall, at least once every 3 years, inspect or provide for the inspection of any resomation facility and operated by a resomation facility authority licensed under this chapter in such manner and at such times as provided in rules adopted by the board.
II. The board shall issue an inspection report and provide a copy of the report to the resomation authority within 10 working days after the completion of an inspection. The board shall review any findings of noncompliance contained in such report within 20 working days after such inspection.
III. If the board determines, after such review, that the evidence supports a finding of noncompliance by a resomation facility authority with any applicable provisions of this chapter or rules adopted under this chapter, the board may send a letter to the resomation facility authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the resomation facility authority submit a statement of compliance within 10 working days, and a notice that the board may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the resomation facility authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the resomation facility authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the board may take further action as provided in this chapter.
IV.(a) The board may appoint technical advisors or other investigators to assist with any investigation or adjudication, and may, with the approval of the attorney general, appoint legal counsel for such purposes.
(b) To the extent the board lacks budgeted funds to conduct a significant investigation or adjudication, it may, with the approval of the attorney general, petition governor and council to receive funds not otherwise appropriated in order to retain professional advisors in the proceeding.
(c) If the governor and council approve the use of funds not otherwise appropriated, the governor is authorized to issue a warrant for the approved amount out of any moneys in the treasury not otherwise appropriated. The board shall then promptly increase its licensing fees to the extent necessary to repay the amount advanced to the general fund during the next fiscal year by means of a fee surcharge.
325-B:9 Complaints.
I. Any person may submit a complaint to the board and request investigation of an alleged violation of this chapter or rules adopted under this chapter. The board shall review all complaints and determine whether to conduct an investigation relating to such complaints.
II. A complaint submitted to the board under this section shall be confidential. A person submitting such complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting the complaint or for disclosure of documents, records, or other information to the board relating to such complaint.
325-B:10 Imminent Danger; Board Powers.
I. If the board determines that a resomation facility authority is operating a resomation facility so as to create an imminent danger of death or serious physical harm to persons employed at or in proximity to such resomation facility, the board may order the temporary suspension or temporary limitation of the license of the resomation facility authority and may order the temporary closure of the resomation facility pending further action by the board. A hearing shall be held by the board no later than 10 days after the date of such order. The board shall also simultaneously institute proceedings for revocation, suspension, or limitation of the license of the resomation facility authority.
II. A continuance of the hearing under paragraph I shall be granted by the board upon written request from the resomation facility authority. Such continuance shall not exceed 30 days.
III. A temporary suspension or temporary limitation order by the board under this section shall take effect when served upon the resomation facility authority and shall not exceed 90 days. If further action is not taken by the board within such period, the temporary suspension or temporary limitation shall expire.
325-B:11 Deny or Refuse to Renew License; Grounds. The board may deny or refuse to renew a license under this chapter or take disciplinary action against a resomation facility authority licensed under this chapter as provided in RSA 325-B:12 on any of the following grounds:
I. Violation of this chapter or rules adopted and pursuant to this chapter;
II. Conviction of any crime involving moral turpitude;
III. Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the resomation facility authority to operate a resomation facility;
IV. Conviction of a violation pursuant to RSA 325-B:15;
V. Obtaining a license as a resomation facility authority by false representation or fraud;
VI. Misrepresentation or fraud in the operation of a resomation facility; or
VII. Failure to allow access by an agent or employee of the board to a resomation facility operated by the resomation facility authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the board.
VIII. Violation of any applicable environmental statute or regulation.
325-B:12 Disciplinary Actions.
I. The board may impose any one or more of the following types of disciplinary action against a resomation facility authority licensed under this chapter:
(a) A fine not to exceed $20,000 per violation;
(b) A limitation on the license and upon the right of the resomation facility authority to operate a resomation facility to the extent, scope, or type of operation, for such time, and under such conditions as the board finds necessary and proper;
(c) Placement of the licensee on probation for a period not to exceed 2 years during which the resomation facility may continue to operate under terms and conditions fixed by the order of probation;
(d) Suspension of the license for a period not to exceed 2 years during which the resomation facility may not operate; and
(e) Revocation and permanent termination of the license.
II. Any fine imposed and unpaid under this chapter shall constitute a debt to the state of New Hampshire which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the state in the superior court of the county in which the resomation facility is located. The board shall, within 30 days after receipt, remit any such fines to the state treasurer for deposit in the general fund.
325-B:13 Appeal. Any party to a decision of the board under this chapter may appeal such decision in accordance with RSA 541.
325-B:14 License Reinstatement or Relicensure.
I. If the license of a resomation facility authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the board and payment of the applicable fee as provided in RSA 325-B:7.
II. If the license of a resomation facility authority has been placed on probation, such license shall be eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the board determines an inspection is warranted.
III. If the license of a resomation facility authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in RSA 325-B:7.
IV. If the license of a resomation facility authority has been suspended, such license may be reinstated by the board prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the board may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the board shall grant full reinstatement of the license, modify the suspension, or deny the petition for reinstatement. The board’s decision shall become final 30 days after mailing the decision to the licensee unless the licensee requests a hearing within such period. Any requested hearing shall be held according to rules of the board.
V. If the license of a resomation facility authority has been revoked, such resomation facility authority shall not be eligible for relicensure until 5 years after the date of such revocation. A reapplication for an initial license may be made by the resomation facility authority at the end of such 5-year period.
325-B:15 Acts Prohibited; Penalty.
I. Maintaining or operating a resomation facility in violation of this chapter or any rules of the board is a public nuisance and may be abated as a nuisance as provided by law.
II. It shall be a felony to establish, operate, or maintain a resomation facility subject to this chapter without being licensed as a resomation facility authority under this chapter, to hold oneself out to the public as a resomation facility authority without being licensed, or to perform a resomation without a resomation authorization form signed by the authorizing agent and a completed burial transit permit for resomation, and a medical examiner’s certificate of resomation.
III. Signing a resomation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a felony.
IV. A violation of any other provision of this chapter is a misdemeanor.
325-B:16 Injunctions. The board may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a resomation facility without first obtaining a license as a resomation facility authority under this chapter. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a resomation facility without obtaining a license as a resomation facility authority under this chapter, without alleging any further or more particular facts concerning the same.
325-B:17 Right to Authorize Resomation. The right to authorize the resomation of human remains and the final disposition of the resomated remains, except in the case of a minor and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to RSA 290.
325-B:18 Medical Examiner’s Certificate.
I. The body of a deceased person shall not be resomated within 48 hours after his or her death unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be resomated by the resomation facility authority until the resomation facility authority has received the burial transit permit for resomation required by law, and a certificate from a medical examiner or deputy medical examiner that he or she has viewed the body and made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for resomation, the transfer shall not occur until the medical examiner has conducted such a view and inquiry and has issued a certificate. If the death occurs outside the state, the reception and resomation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner.
II. The resomation facility authority shall forward a copy of the resomation certificate to the office of the chief medical examiner, accompanied by a $60 fee. The fee shall be deposited in the medico-legal investigative fund established pursuant to RSA 611-B:28.
325-B:19 Resomation Facility Authority.
I. A resomation facility authority, upon receiving human remains, shall sign a delivery receipt form and shall hold the human remains, prior to resomation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the resomation facility or his or her representative and the funeral director or his or her representative, or the next-of-kin or designated agent as provided in RSA 290.
II. If a resomation facility authority is unable to resomate the human remains immediately upon taking receipt thereof, the resomation facility authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to comply with all applicable public health laws, provide for the health and safety of persons employed at such facility, and prevent any unauthorized access to such facility.
III. A resomation facility authority may refuse to accept for holding a deceased person from which there is any evidence of leakage of the body fluids from the human remains in a leak proof pouch.
IV. If human remains received by the resomation facility authority are not embalmed, such remains shall be held no longer than 24 hours from the time of death at the resomation facility unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.
325-B:20 Resomation Facility Operation; Limitations.
I. No person shall be permitted in a resomation facility, unless authorized by the resomation facility authority, while any human remains are in the resomation facility awaiting resomation, being resomated, or being removed from the resomator.
II. The human remains of more than one person shall not be simultaneously resomated within the same resomator unless the resomation facility authority has received specific written authorization from the authorizing agent for the human remains to be so resomated.
325-B:21 Resomation Facility Authority; Requirements.
I. A resomation facility authority shall not accept human remains for resomation without a proper label placed on the exterior of the leak proof pouch indicating the name of the deceased and the name and location of the funeral establishment, or the name of the next-of-kin or designated agent as provided in RSA 290.
II. No resomation facility authority shall make or enforce any rules requiring that human remains be placed in a casket before resomation. No resomation facility authority shall refuse to accept human remains for resomation if the human remains are received in a casket.
325-B:22 Resomation Authorization Form.
I. A resomation facility authority shall not resomate human remains until it has received a resomation authorization form as provided in paragraph II, a completed and executed burial transit permit for resomation as required by law or the appropriate resomation permit from the state from which the human remains were delivered, indicating that the human remains are to be resomated, and a delivery receipt form.
II. A resomation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information:
(a) The name of the deceased;
(b) Date and place of death;
(c) The identity of the funeral home, funeral director, next of kin or agent responsible for the delivery of the human remains to the resomation facility for resomation;
(d) Notification that the death did or did not occur from a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health;
(e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;
(f) Authorization by the authorizing agent for the resomation facility authority to resomate the human remains;
(g) A representation that the authorizing agent is aware of no objection to the human remains being resomated by any person who has a right to control the disposition of the human remains;
(h) Acknowledgement by way of initials of the authorizing agent to the resomation facility authority beside the specific statements outlining the requirements and authorization to remove the human remains from the temporary container, casket or same, in addition to the leak-proof pouch, prior to placement of human remains within the alkaline hydrolysis chamber.
(i) Acknowledgement by way of initials of the authorizing agent to the resomation facility authority beside the specific statement acknowledging the fact, as a requirement of the resomation process, all materials not made entirely of wool or silk must be removed from the human remains prior to placing the human remains within the stainless steel basket for the completion of the resomation process.
(j) The name of the person authorized to claim the resomated remains from the resomation facility authority; and
(k) The intended disposition of the resomated remains.
III. A resomation facility authority shall retain, for at least 7 years after the resomation, in printed or electronic format with suitable backup, copies of the resomation authorization form, the burial transit permit for resomation, the resomated remains receipt form, delivery receipt form, and any other records required under this chapter.
325-B:23 Signature.
I. Any person signing a resomation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be resomated and the authority of the person to authorize such resomation. Any person signing a resomation authorization form is personally liable for all damages resulting from false, incorrect, or misleading information contained on such form.
II. A resomation facility authority may resomate human remains upon the receipt of a resomation authorization form signed by an authorizing agent, a completed and executed burial transit permit for resomation as required by law and the required medical examiner certificate of resomation.
325-B:24 Potentially Hazardous Conditions. No human remains shall be resomated with the knowledge that the human remains contain jewelry or other valuables unless authorized by the authorizing agent. The authorizing agent shall take all necessary steps to ensure that any jewelry or other valuables are removed prior to resomation. If the authorizing agent informs the funeral director and the resomation facility authority on the resomation authorization form of the presence of jewelry or other valuables on the human remains, the funeral director shall ensure that all necessary steps have been taken to remove the jewelry or other valuables before delivering the human remains to the resomation facility. A funeral director who knowingly fails to ensure the removal of the jewelry or other valuables prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with jewelry or other valuables are in the custody of a resomation facility authority, such authority shall provide for the removal of such jewelry or other valuables by a licensed funeral director and embalmer or his or her agent.
325-B:25 Disputes.
I. If a resomation facility authority or funeral establishment is aware of any dispute concerning the resomation of human remains, or has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the resomation facility authority receives a court order that a dispute with respect to such remains has been settled, the resomation facility authority or funeral establishment may refuse to accept such human remains for resomation or to perform a resomation of such remains.
II. If a resomation facility authority or funeral establishment is aware of any dispute concerning the release or disposition of resomated remains, the resomation facility authority or funeral establishment may refuse to release resomated remains until the dispute has been resolved or the resomation facility authority or funeral establishment has been provided with a court order authorizing the release or disposition of the resomated remains.
325-B:26 Resomated Remains; How Treated.
I. To the extent possible, upon completion of the resomation, all of the recoverable residue of the resomation shall be removed from the resomator and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the resomation facility authority. The remaining bone fragments shall be powdered to reduce the fragments to unidentifiable remains. This paragraph shall not apply when the commingling of human remains during resomation is otherwise authorized by law.
II. The resomated remains with proper identification shall be placed in a temporary container or permanent container selected or provided by the authorizing agent. The resomated remains shall not be contaminated with any other object unless specific written authorization to the contrary has been received from the authorizing agent.
III. If the entirety of the resomated remains will not fit within a temporary container or permanent container, the remainder of such remains shall be returned to the authorizing agent or his or her representative in a separate container with proper identification.
IV. If the resomated remains are to be shipped, the temporary container or permanent container shall be packed securely in a suitable shipping container that complies with the requirements of the shipper. Unless otherwise directed in writing by the authorizing agent, resomated remains shall be shipped only by a method which includes an internal tracking system and which provides a receipt signed by the person accepting delivery of such remains.
325-B:27 Resomated Remains; Final Disposition.
I. The delivery of the resomated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of 60 days after the date of resomation, the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of the resomated remains or claimed the resomated remains for final disposition as provided in this section, the resomation facility authority or the funeral establishment in possession of the resomated remains may dispose of the resomated remains after making a reasonable attempt to contact the authorizing agent or his or her representative. This method of disposition may be used by any resomation facility authority or funeral establishment to dispose of all resomated remains in the possession of a resomation facility authority or funeral establishment on or after the effective date of this chapter.
II. Resomated remains shall be delivered or released by the resomation facility authority to the representative specified by the authorizing agent on the resomation authorization form. The owner of the resomation facility authority or his or her representative and the party receiving the resomated remains shall sign a resomated remains receipt form. The form shall include the name of the deceased, the date, time, and place of receipt of the resomated remains, and the signatures of the owner of the resomation facility or his or her representative and the authorizing agent or his or her representative. If the resomated remains are shipped, a form used by the shipper may be used in lieu of a completed resomated remains receipt form if the shipper’s form contains the information required for a resomated remains receipt form. Both the party delivering such remains and the party receiving such remains shall retain a copy of the resomated remains receipt form or shipper’s form. Upon delivery, the resomated remains may be further transported within this state in any manner without a permit.
325-B:28 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A relative to:
I. Procedures for licensure of resomation facility authorities.
II. Establishing all required fees.
III. The content of all forms.
IV. Conditions under which human remains of persons whose death was caused by a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health may be transported in this state to a resomation facility for the purpose of resomation. The board shall consult with the chief medical examiner on rules adopted under this paragraph.
V. Minimum sanitation standards for all resomation facilities.
VI. Inspection procedures for resomation facilities as required under RSA 325-B:8.
325-B:29 Resomation Facility Authority; Bylaws. A resomation facility authority may enact reasonable bylaws not inconsistent with this chapter for the management and operation of a resomation facility operated by such authority. Nothing in this section shall prevent a resomation facility authority from enacting bylaws which contain more stringent requirements than those provided in this chapter.
2 Repeal. RSA 325-A:30, II, relative to prohibiting the disposal of human remains through a reductive process utilizing alkaline hydrolysis, is repealed.
3 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0193
Revised 03/03/09
HB 589 FISCAL NOTE
AN ACT relative to regulating the resomation of human remains.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2010 and each year thereafter. The Board of Registration of Funeral Directors and Embalmers states this bill has a fiscal impact of less than $10,000 on state general fund revenues and state expenditures. This bill has no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill enacts a new chapter RSA 325-B, concerning resomation of human remains. This bill provides a comprehensive licensing and regulatory scheme governing resomation, including provisions for administrative fines and penalties. The licensing and regulatory scheme is directed under the Board of Registration of Funeral Directors and Embalmers.
The potential for fiscal impact to the Branch is derived from the enforcement provisions in RSA Chapter 325-B ranging from violations of an unspecified misdemeanor to an unspecified felony. The Branch states the average cost of an unspecified misdemeanor in district court is $35.75 and the average cost of a felony case in the superior court is $335.98 in FY 2010 and each year thereafter. The Branch has no information to determine how many charges would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. The Branch states the fiscal impact of this bill is likely to exceed $10,000 due to the numerous areas of potential fiscal impact.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor or $756.25 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge and $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states misdemeanor and felony offenses are typically prosecuted by the county attorneys’ offices or by district court prosecutors, as a result these new criminal offenses will have no fiscal impact to the Department. The Department anticipates the Board of Registration of Funeral Directors and Embalmers will require assistance from an assistant attorney general in the Civil Bureau to assist with promulgation of rules and administrative enforcement of violations. The process of drafting and adopting rules for a committee would require approximately 500 hours of attorney time. The Department has no information to estimate how many administrative enforcement actions may arise as a result of this bill. The Department may also become involved in the prosecution of licensing actions before the Board. The Department has no information to determine how many licensing actions would be generated as a result of this bill.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2008 was $32,753. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2008 was $779. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $30,165 a year.
The Board of Registration of Funeral Directors and Embalmers states this bill has a provision for fees; however actual fees cannot be established until rulemaking authority has been granted. The Board has no information to determine the amount of the fee to be collected for licensing a resomation facility. The Board is aware of one facility interested in applying for licensure. The Board states it will incur expenses related to Board member mileage to and from facilities applying for licenses and Board per diem for inspection of facilities. The Board states any administrative expenses can be absorbed within the Board. The Board states the fiscal impact of this bill will be less than $10,000 on state general fund revenues and state expenditures.