S.B. 49 Natural Organic Reduction Amendments

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Every vote

• 5 yes, 0 no, 2 absentSenate Health and Human Services Committee: vote to change the bill · Jan 26, 2026Who voted how
• 4 yes, 2 no, 1 absentSenate Health and Human Services Committee: vote to approve it · Jan 26, 2026Who voted how
• 16 yes, 10 no, 3 absentFirst of two Senate votes · Feb 9, 2026Who voted how

Hearings and debates

• Jan 26, 2026 Senate Health and Human Services Committee▶ Watch
  Transcript (33 turns)

  1. Committee chair (Sen. Keith Grover)1:38:05

     SB 49 Funeral Service Amendment, Senator Plumb. And it looks like we do have a substitute. Um, we do have a substitute that is making a name change. So it was more clear. We had two bills on funeral, and we wanted to make it very clear that this bill was about natural organic reduction. So yes, we do have a substitute with just a name change. Would you like to make that motion? I would love that we could substitute entitled and body what is On. Try to turn our friends off here. Okay. So the motion for us is to substitute SB 49 first, substitute 49 with the re rationale explained by its good. Senator, any discussion to that motion? Okay. Scene none. We'll make, I'll, we'll place a motion to substitute entitle body SB 49 with first substitute SB 1 49. All in favor say aye. Aye. Aye. Aye. Aye. Any opposed? The bill is substituted. And before US Senator Plumb.

  2. Sen. Jen Plumb1:39:04

     Thank you Mr. Chair. I did relocate because I, there's a few slides that I wanted to share with the committee as well as with the folks who are here. This, um, bill has had some interesting conversations around them, and I would really like to just put a few, um, misconceptions to rest, for lack of a, a better way to say it. And this bill, essentially, um, is addressing adding an option for folks here in Utah in their final rest time. So when you've passed away an option for a way that you may, like your final remains to be processed, for lack of a better term. And this is a bill, uh, that has been based on 14 other states that have passed such legislation and numerous conversations with so many folks that have been pa impacted by this. And I'm gonna tell you, when the idea first came to me, as you may imagine, I was like, oh, I, I don't know. Uh, that feels off to me. But the more time I spent with people and hearing how important it was for them, that the way that their body was laid to rest resonated with them, whether it was that they had deep ties to the earth, and that they had generations of their families who had been laid to rest within the earth, or that they felt better about not having chemicals put into their body, or they didn't love the idea of the heat that came with something called, uh, an alkaline hydrosis, which is hot water, or a cremation, which is a hot flame. But they liked this idea that their body could kind of naturally decompose in the way that it has for centuries and generations before us. Uh, this has been happening for Utahans, uh, but what it is required is that their bodies are sent out of state for this to be done. So I think that we will have some speakers who can speak to that, but there are Utahans who are having this done, but it's a lost business opportunity and that it, they go to another state for it to happen. I want you to see, because some folks are anxious that I'm essentially saying, you can just plop a body in the backyard. And that's not it. It's about an actual process. It's a process that happens inside of a vessel where the breakdown starts to happen like it would for many of our ancestors back through the centuries, breaking down into the nutrients that are part of the soil. It also happens with a lot of our agricultural spaces and animals, right? They are broken down similar to the ashes from cremation, but it's, it's not such a high heat process. And, and it happens in these vessels. There's, there's is an example of a place in Seattle where it happens. This has been going on there for, for six years. They are a full licensed funeral home. This is not trying to take the, the processing and funeral space out of the funeral directors. I fully do believe that they are the ones to be doing this. But it looks kind of like this. And these are the vessels. These are the kind of vessels where, where someone's processing starts and where they, their body starts to break down. And ultimately it comes out like a soil that can go back into the earth. Um, for some folks, it's, it's important to use less energy. That's not really my big shtick on this. I like the idea that it resonates with some people and that's how they'd like their final rest to be coming. But it does result in, uh, savings of carbon output. It does result in large production of soils that can be used to reforest certain areas. And this is something again, that I want to stay within the realms of the funeral directors. I don't want this to be taken out of the experts in this space. I truly believe that the services they provide us at the end of our lives and the end of our family members and loved ones lives is important. So, just to give you an idea of what they do up at, at recompose, some of the folks bring the, the home, the soil home on their own land. And, and some of them donate to the land kind of re um, building pieces. So this bill would allow this process to start happening in Utah as a business offering. Um, someone could take their soil and plant it into a typical or their remains and plant it into a typical, uh, burial plot if that resonated more with them. So, um, I know there are a lot of emotions around this, and I'm, I'm really grateful for the people who will continue to be respectful and, and, and honor those who have chosen this as well as who would like to choose this. And I also think it is a really big opportunity for business here in Utah. Uh, there are not a lot of open plots on cemeteries. So with that, Mr. Chair, I, I would love to move. I know I have Shayna Starks here who can speak from the actual provider, uh, funeral director provider space. And I would love to invite her to present too.

  3. Committee chair (Sen. Keith Grover)1:44:06

     Okay. So we'll have her in testimony period. So bring this to committee for any questions for the sponsor? See none. We'll go to the public. Anyone for the public wish to speak to this, please come forward. I Will relocate. So there's, Yes. And we have a number. So if you could, if you hear something that's been said before, try to, not if you can say what you want, obviously, but, uh, just be mindful of people's time and we'll go to about one and a half minutes to two minutes.

  4. McCormick Thompson, resident1:44:32

     So my name is McCormick Thompson. I am a lifelong Utah, and my ancestors were morticians. I have a degree in mortuary science. Let me just tell you anyone from the, uh, the Utah Funeral Directors Association just wants to monopolize the industry. And just listen to me. Okay. Let it be known that embalming fluid is leaching into utah's groundwater and soil at this very moment. Embalming fluid is toxic. It is a carcinogen that is killing a central microbial life in Utah's soil. It is destroying our soil's ability to retain water and weakens the roots of our plants and trees. Embalming requires an average of two to four gallons of toxic fluid per embalmed decedent. Okay. And I have ancestors that have been embalmed. Okay. Embalming causes soil to lose its sponge-like ability to retain water. Embalming fluid in our soil leads to water runoff and evaporation. Natural organic reduction does the exact opposite of this. Pollution, natural organic reduction contributes essential nutrients to utah's soil and helps us to retain necessary moisture. One single cremation burns an average of 28 gallons of fuel and contributes to Utah's inversion. The Great Salt Lake is drying up literally like what is going on. This is the strangest January we have ever seen that is we cannot deny that something has to change. That's the time. How will Utah host the 2034 Olympics without any snow?

  5. Committee chair (Sen. Keith Grover)1:46:41

     Thank you very much. Go ahead.

  6. Travis Greenwood, President, Funeral Director Association of Utah1:46:44

     Thank you. Lemme pull up my, my notes here. So my name is Travis Greenwood. I'm currently serving as the President of the Utah Funeral Directors Association. And I'm, I'm also a licensed funeral director in the state of Utah. Of course, I wanna be sensitive. Uh, we, um, well, I have some thoughts here, there. With the current leg, with the proposed bill, there are, are too many variables, such as the lack of regulation and oversight for the disposition of the remains following the, uh, reduction process. Um, these are not addressed, uh, or they're unclear, uh, within the proposed legislation. Uh, real estate and property disclosures, uh, those requirements aren't clear. Uh, if the remains are placed on private property, uh, and the property is sold and those safeguards aren't in, in place, uh, was to ensure that the current family isn't, isn't growing. Um, you know, their food over, over that, uh, that soil. And so the variables there, it's just, at this time, um, I don't feel like I can support this legislation.

  7. Committee chair (Sen. Keith Grover)1:48:04

     Thank you. Okay. Thank you. Please, please proceed.

  8. Claudine Miller, resident1:48:09

     Hello, my name is Claudine Millard. Um, I apologize if I get a little weepy. My son was killed in a car accident on December 30th, so just a few weeks ago. Um, typically with a 23-year-old, you don't ask them what do you want to do with your remains? But his death was violent because of the car accident. And I thought, how can I peaceably lay my son to rest as a mom putting him in cremation? Didn't feel right to, to burn my baby. Um, I also knew that he was very cognizant of the water table. He was looking at the chemicals, he was looking at everything. So in my search for what do I do with my son, we found organic reduction. Um, so a couple weeks ago, my older son and I caught on a plane to travel with my baby that had just died to Seattle. At one point, my son reached down and patted the floor of the plane and said, we're here with your buddy, because we didn't want him to travel alone. And it's weird 'cause there was nothing I could do, right? I I didn't get any special treatment. Once we got off the plane, we sat in the airport and watched the airline people unload my son to be sent to this, um, place in Seattle so that he could rest peacefully. I wish that we could've done this in Utah. Several families that I've talked to said I didn't know this was an option. They said we didn't know. And as I explained it, they're like, that's beautiful. And then I say, that's that's The Time. Sorry. We don't have have it in Utah. So my hope is that this can come to Utah. Thank you. Yes. Uh, thank you for giving me the time.

  9. Andrew Anderson, Licensed Director, Funeral Home1:49:55

     My name is Andrew Anderson, also a licensed funeral director here in the state of Utah, also serving as the past president for the Utah Funeral Directors Association. And just wanted to reiterate our concern with the fact that the, the law does not address the safe placement of the soil or what is to be done with the soil. Um, we would re we're Polluting our environment. Thank you. We would, uh, respectfully, um, wish to have, you know, some type of, uh, registration for the placement of that soil so that the community would know that this soil has been placed on any property. The law does address that it should not be used where food is, uh, produced. But, uh, we have no way of knowing that without registration of where that is placed and how that is properly placed and maintain maintained. And that's, uh, just kind of where our position is as the law, uh, does not address that. We respectfully request that it not be passed. Thank you.

  10. Committee chair (Sen. Keith Grover)1:50:57

      Thank you. Uh, we have someone mine, chase. Chase, if you're online, we're gonna ask, we're gonna call you and I'll you have a timer as well. So, welcome. Chase, are you there? Guess he fell off. Okay. We will come to back to the room.

  11. Shayna Starks, Licensed Director, Funeral Home1:51:23

      Hi there. My name is Shayna Starks. I'm the owner of Starks Funeral Parlor, um, in Salt Lake City here in Millcreek. And I want to thank the senator for this bill. I entered funeral service 30 years ago in 1995. I'm licensed to practice in California and Utah. And like other funeral directors here, uh, my husband and I opened our funeral home with a true passion for loving people during the most difficult days of their lives. This is our passion and our heart and our soul. This year, um, my husband and I have sent 14 people to Seattle to be naturally organic reduced. That's 14 departed loved ones On a plane six months ago, a gentleman came into me who's terminal and, um, hospice has given him his final days any day now, he'll be number 15. Um, I've pre-signed up, pre-authorized 30 people. They've prepaid for this service. So that's just in one year, 45 people who want this. Um, and it's, uh, it's something I find that people choose it, it crosses all demographics. These aren't people on the fringe or alternative people that you don't run into every day. I've done it for people who are 14 years old and all the way up to 75 years old. Um, I've had all rituals. I've served Catholic families who've done this after mass. I've served Christian Episcopalian, LDS, uh, and atheists. It's a choice for everybody. Um, and I think that it's just beautiful to have another choice. If other funeral directors aren't, aren't for it, they don't have to offer this choice. And I encourage them to stick to their word and don't

  12. Committee chair (Sen. Keith Grover)1:53:07

      Thank you. We'll go to Diane online. You need to turn on your camera.

  13. Diane Foster-Burke, Registered Nurse1:53:21

      This is Diane Forster, and I'm a registered nurse, and I work as a parish nurse in a church. I think it's incredibly important to give people options, especially for those people who want to do something healthy for the planet. Um, my own parents were cremated and we ended up scattering their ashes out in the wilderness. And now I know that that was a toxic practice, and I'm very embarrassed about that. Please give us this option here in Utah and especially allow this, um, enterprise to be handled here in Utah and not sent outta state. Thank you.

  14. Committee chair (Sen. Keith Grover)1:54:00

      Thank you. And we'll come back to the room.

  15. Jason Starks, Licensed Director, Funeral Home1:54:03

      Yes. Uh, my name is Jason Starks. I too have been a funeral licensed funeral director for, boy, 25 years I, 26 years I think. And, um, I think the option, it's due time for this option to come to the state of Utah. Uh, we've had a lot of people that have come to us and, uh, expressed interest and it just feels good to us. And I'm a licensed embalmer. This is my career and my passion, and I want to serve families and give them the option to do what they want. And everything about this whole bill, it's organic, it gives back, it doesn't release any carbon emission. All those things are really wonderful and I just hope it passes. Thank you.

  16. Committee chair (Sen. Keith Grover)1:54:55

      Thank you. Thank you. We're gonna go online to Jace. Anyone else in the room wants to speak to this bill. Thank you. Okay. Go ahead Jason. Thank

  17. Jase Allen, Licensed Director, Funeral Home1:55:04

      You. Yeah, Jace Allen. I'm a, uh, a funeral director also, uh, in Logan, Utah. Um, and I think there's just some questions of, uh, there's a, there's a lot maybe we don't know yet about it. Obviously 14 states, you know, Washington, Colorado, Oregon, Vermont, California, some other states have passed it. Um, but there's some restrictions in there about where, um, the compost can go and that it can't be knowingly used for human consumption. Um, I think there's the real estate portion of that is that it's, it's criminal to use it for human consumption, but then someone leaves it in their garden and moves, whether they're renting or whether they own the property and sell it. There's no mechanism to have it. Um, you know, tied to the real estate. I think that that needs to be looked at. Also, not everyone can qualify for the human composting in the bill as it's written. Um, and we, there's certain health conditions. It said, I believe that, um, you know, Ebola, tuberculosis, pry on other things where you wouldn't be able to qualify. Um, some of those things may not show up on a death certificate if something, somebody died and they had, you know, radiation or other things. Um, I don't know if that would necessarily show up. And I don't know the HIPAA laws if a family member may or may not know some of those things that had happened. So just some questions that I have, um, that, uh, need to be looked into and cleared up. Um, but I appreciate your time.

  18. Committee chair (Sen. Keith Grover)1:56:40

      Thank you. Thank you very much. Okay. We'll bring it back to committee for further action. Senator Stratton.

  19. Sen. Kathleen Stratton1:56:51

      Thank you Chair. I, I appreciate this. The sponsor and, and the, the sensitivity and the, uh, that has been used in, in this discussion today by all those that have commented. And we need to have, uh, uh, in honor to, to the, the human remains and, and what it, what it, uh, how we treat that. One of our stewardships as a government entity is to protect the health, health, safety, and welfare of the citizens that are here. In that context, it, it seems that we really have two issues. And maybe they're rolled up into one here that that may be problematic in, in, in moving this bill forward in its current state. First of all, his issue of, of when someone passes, uh, how are we going to prepare the what remains? Uh, that's an issue. We have, we've talked about several different patterns at the, at the, the, that we have. Uh, this would add an additional option amongst those patterns and are certainly heartfelt, uh, sympathy to the, the mother of love of the son that was lost we're, we're so sorry. Express our sympathy there. But I think a different issue is where to place and how to take care of those remains once they are prepared. And I'm concerned that we're not addressing that here. I'd like staff maybe. Do we have rules and regulations rel related to that? I'm sure we do. Uh, related to, I don't think if I would be allowed to bury, uh, anywhere I wanted to, you know, what a casket, I'm not sure. But, but do you have any information on that

  20. Committee staff (unidentified)1:58:56speaker not certain

      According to staff? You'd need more time to research that.

  21. Sen. Kathleen Stratton1:58:58

      So, so it's just on the fly. What I would say, I I I'm not comfortable supporting the legislation currently without having that nailed down. For example, if, and I, my understanding is that there is, there is some rules and regulations relating to how we take care of, uh, a cremated remains. I I may, is that correct? It's your space. Yes. That, so that's outta if that's case, the case, the, the, the point, the point I, the point, point is is I, I think it'd important to have the same in place across the board. That that's what I'm saying. So I, at this point, I'm not comfortable in, in, uh, supporting the bill, but Okay. I, I'm not opposed to the preparation. It's just what we do at, at that point.

  22. Committee chair (Sen. Keith Grover)1:59:50

      Okay. Any other discussion?

  23. Sen. Keith Grover1:59:53

      Okay, as chair, I'd like to make a motion. Uh, I'd not as chair, but as member of the committee, I'd move that we pass out SB 49 favorably. And I'd like to speak to that. I hear exactly what Senator Stratton is addressing and I agree with those concerns. I also like the concept of this bill. Surprisingly, when I first heard it, I was like, ah, I dunno. But it does appeal to me emotionally. And I think we work out the kinks about what that means as far as state regulation, et et cetera. So I am, I am, I'd like to see this bill move forward and I, I'd like to have that option, frankly, for myself.

  24. Committee chair (Sen. Keith Grover)2:00:25

      So Senator Buss,

  25. Sen. Emily Buss2:00:27

      I was just gonna say a lot of the same things. And I think Utah as a state that, uh, values, uh, choice of life here. And I think we should also be pro-choice end of life care.

  26. Committee chair (Sen. Keith Grover)2:00:41

      Okay. Thank you. Back to the maker of the, or the bill sponsor.

  27. Sen. Jen Plumb2:00:44

      Thank you, Mr. Chair. And I, I Interesting the things that I have learned, um, in an arena that, you know, I've always been on the life saving and, and so this was really has been a, an investigative dive for me. And I think that without going into too much detail, I will tell you that if you had more understanding of what happens, uh, in the process of preparing a body for death, um, there might be more things you, you would want to explore. Um, because I, for example, didn't know that if I were going to have a standard burial, that my blood and other parts of me would be taken out and poured into the sewer. I was not aware of that. And so I think that if we should think about all of these pieces, but I think we should think about them in the big picture, not just in one application. And so I welcome that exploration. I welcome the, the thinking and the safety pieces. Um, interestingly, I did also learn it in the state of Utah, you can bury a body on any private land as long as you have the private landowner's permission. I didn't know that was a thing. So I think that in this space, we, um, can perhaps offer, have this as a professional offering and keep those safety pieces intact. But I also want us to apply all the safety pieces to all of the offerings. 'cause I think that our public safety is critical to all of us. So I welcome those explorations as we move forward. Thank you, Mr. Chair.

  28. Unknown speaker2:02:13speaker not certain

      Thank you. And, uh, I trust the good sponsor and the process. Also, I think we need to move this forward Chair. May I, may I just make a point?

  29. Committee chair (Sen. Keith Grover)2:02:24

      Sure. Not a point.

  30. Unknown speaker2:02:26speaker not certain

      But a question point of order maybe question. Sure. Is the current writing of this bill, as it is, doesn't have any parameters on the disposition? Is that correct?

  31. Sen. Jen Plumb2:02:38

      At mco at this point, It does have the, um, requisite about food production. The, the, the soil, the, the, we say crem remains when it's someone who's cremated that the remains that come out of the reduction cannot be used on land where, you know, there will be food production. Is that in, in, is that in the language That is in this bill? Yeah. I can get to the line if you'd like me to, but yeah, we did specify that after conversations in, in previous discussions about it. And I think that, um, I'm open to other additional thoughts on what would give people additional, as I think the people that are interested in this realm would be open to it too, as long as we apply it, uh, broadly.

  32. Sen. Kathleen Stratton2:03:23

      My, my thank you chair. Let me just explain my vote. I, I, it appears to me, and I could be proven wrong with further for investigation, that we're carving out an exemption that doesn't cover whatever the rules and regulations are for any disposition, I think need to apply here. And if, and I'm not satisfied at this point that that's here in the legislation. So with that, I'll be voting in opposition that just explained my vault.

  33. Committee chair (Sen. Keith Grover)2:03:50

      Thank you. Okay. Thank you. Okay. So, uh, I was saying I'd like this bill and, uh, we'll now place the motion. All in favor of passing out favorably First substitute SB 49 Funeral Service Amendment. Say aye. Aye. And any opposed? No, no. Set. Senator Stratton. And see it's an online line. Four two. Senator Stevenson. Right. Senator Stevenson and Stratton online. Both know. Great. Four to two. Okay. Thank you. Thank you.

• Feb 9, 2026 Senate floor debate▶ Watch
  Transcript (35 turns)

  1. Sen. Jen Plumb25:57

     I know that this bill has brought out many emotions and also many conversations. And, and if you would've told me when I ran for office in 2022, that I would be thinking as much about end of life from this side, uh, I would've called you names, um, because I didn't see it coming. I spend my day slash night job trying to make sure that people do stay alive, especially our, our kids and our youth. And I didn't know a whole lot about what happens for that final rest for each of us. I'd been to plenty of funerals. I've, you know, said goodbye to loved ones over the years. And I had never really formed strong opinions about it. I was, uh, asked by a couple of constituents, which has now turned into dozens and dozens of, of utahns across the state who wanted me to explore this possibility for Utah and what it is, uh, natural organic reduction. And there's a little kind of a, it came this morning on your, on your desks if you have it. It's essentially a process that can happen if you choose it at the end of life. So historically, we've maybe thought about more recently, historically about embalming and, and a casket or, uh, cremation, or there's actually something alkaline hydrolysis that, that this body passed in 2019. And what natural organic reduction allows for is for a human body at the end of life to be laid to rest in materials like wood chips and alfalfa and put into a closed vessel space where it then starts to have the breakdown. And I know there's been a whole lot of with that, but really it's what has happened for many of our ancestors for decades and decades prior to these newer concepts being created. But it's done in a way that I think, and in this law, I think we've been very thoughtful about covering some bases on it. This process is happening. There are utahans who are being sent from Utah funeral homes to places where this is happening. And then the soil comes back to Utah, the actual process part, the vessel. And you can even almost see on, if you have your thing still here, there's a picture. It's like a, almost like a little cocoon looking thing to me. Where the breakdown process happens. That soil that comes out of it is currently comes back to Utah. There are a ton of people, way more than I ever imagined that are interested in this for their possible final rest. National studies have shown right now that only 43 percent-ish or so choose traditional embalming. Um, there is more of a push for all the different reasons you can imagine to have this additional option. For some people, it's an attachment to the land. Generations of their families have been laid to rest on that land, and they would like to have part of that too. For others, it's that they don't like that chemical part of embalming. For some it may be they don't like the heat concept of a, of a, um, cremation. All I know is that the more and more I've learned about this, the more and more it actually appeals to me, that kind of dust to dust, ashes to ashes piece. So in putting this bill together, uh, and there are a couple, a men of amendments that have been made public by my, some of my, our colleagues. And I actually have a second sub that I think hopefully addresses most of the pieces that they are interested in. I'm gonna go ahead and tell you what these things are, and then you, we can talk about the adoption in case anyone wants to talk about the other ones. But this process would essentially allow, or this bill would allow this process to start to happen here only in the settings of funeral directors. So this isn't for anyone who thought I was thinking this is a cottage industry. It's in the setting of funeral directors, the people we trust in those end of life spaces, it does require that there are safety steps taken. There can't be an anonymous body that is, that is put into this process. There has to be, um, documentation as well as the certification, uh, that there has not been a death from some of the more concerning illnesses like tuberculosis, PreOn diseases, or Ebola. We've tried to be as thoughtful as possible. And I think honestly, if you were to look at what we've suggested for natural organic reduction, I think it's even more responsible than the rules and the law put in place for the other forms we put in that there could not be, um, intentional knowing, growing of food on the soil, for example. And then when I started to hear from some of you about, gosh, well, do you have to disclose where it is? Do you have to tell someone where it is? How do you document that? That's what my sub two is doing. My sub two is requiring that anywhere on a private property where this soil may be deposited, there must be a marker. So I don't know what that's gonna look like for different people. It could look like a headstone. It could look like a, you know, something on a stake. It, it, there has to be a marker, there has to be disclosure anytime that there's transfer of title of where the location is and the date that those went, and that that remains, or the soil is put in a removable container. So for the people right now who don't, aren't comfortable with that, I, I actually kind of get it, that you might not wanna buy a property that has that, that even if they, to tell you where it is, you might not be comfortable with it. So it would be disclosed and would be in a container. Certainly could be removed as some with someone as they left. So I, I have to imagine there will be a fair amount of comments as well as questions coming my way. But, but I'm hopeful that you'll give thought to this maybe for where it doesn't apply for you, but where it applies for others who feel so strongly about this for them. I heard just today from one funeral director, that two families came in today and this is the way that their loved one will be laid to rest. They will be leaving Utah to go to Seattle for it. So with that, I'm open to questions and thoughts and comments. Mr. President,

  2. Senate President (presiding)32:20

     Thank you. Thank you for the presentation. We have discussion. I'm gonna go first to Senator Hinkins. Go ahead.

  3. Sen. Stephen Hinkins32:27

     Uh, thank you Mr. Before, before I go president, I was just wondering, I watched a movie one time called Fargo and they run this guy through a wood chipper. Is that something what we're talking about here? Center. You yield Acquaintance in the wood chipper. I remember it. Will you yield Senator Plumb?

  4. Sen. Jen Plumb32:42speaker not certain

     I will Yield. Go ahead.

  5. Sen. Stephen Hinkins32:43speaker not certain

     Do you wanna respond to that one? I almost try to Fargo accent. You don't need to. Wasn't good. Okay.

  6. Senate President (presiding)32:48

     Alright. Before we open it up for further discussion, I, there there is a, you mentioned a second Amendment on Second. Second sub. Actually there was a First Amendment proposed by Okay, one by Mr. Weyler. I understand the two amendments, but you wanna substitute

  7. Sen. Jen Plumb33:02

     Your building. I would like to substitute the second, if I could, if I could delete entitle and body, uh, substitute one and replace it with substitute two. Mr. President,

  8. Senate President (presiding)33:10

     I have a motion to substitute. Do we have discussion? See and no discussion? I'll place the motion. The motion is to delete and title embody first sub first substitute Senate bill 49 and replace it with second substitute Senate bill 49. All in favor say aye. Aye. Any opposed? Roll motion passes. The bill substituted now to the substitute. Senator Weiler.

  9. Sen. Todd Weiler33:30

     Thank you. Uh, will the sponsor yield Senator

  10. Senate President (presiding)33:33

      Plumb, I think has agreed to yield. Go ahead.

  11. Sen. Todd Weiler33:35

      Thank you. I'm just wondering if, um, if the second sub passes, and I, I wanna say I, I, I, I hate the second sub less than I hated the first sub. So, um, that's a backhanded compliment. But if this bill passed and I buried my grandmother in the back my backyard, and, um, if, if I wanted to circumvent the language in lines 7 94 through 7 97 of the second sub, what would prevent me from just selling my property to a friend or my brother or anyone? And then he take and I give him the notice of the, um, of, you know, of the, all the stuff that I have to give notice of, and then he, he removes the headstone or whatever, and then he sells it back to me, and then I sell it to a unknowing un unsuspecting third party. What would prevent, uh, a sham straw man sail like that from just completely circumventing everything that you've put in the second sub?

  12. Senate President (presiding)34:37

      Senator Cullimore main, go ahead.

  13. Sen. Kirk Cullimore34:39

      I think that there's a really interesting concept in this idea that there would be so much work that would go into hiding some soil. Um, but I, I hear what you're saying because for some this, I'm learning is a much bigger concern than for others. I think that, um, if you knew right now, for example, that in Utah it would be legal for me to bury someone in your backyard on your private property, as long as I had your permission and there is no disclosure required. So, um, my hope that, like I said, we are even setting up this piece of the law with more guardrails in place than are currently in, in for any burial. I would like to hope that that's the wrong direction or the right direction for what is the wrong idea, such as what you're describing.

  14. Senate President (presiding)35:33

      Senator Wela, go ahead.

  15. Sen. Todd Weiler35:35

      Yeah, thank you. I, I'd like to speak against the bill. So I voted against, um, prior versions of this bill and, and, and Senate business and Labor the last two sessions. And what I've always said is, if I buy a home and I'm living in that home, I, I wouldn't wanna get a knock on the door one day and some families on the front steps saying, Hey, we, we'd really like to pay our respects to grandma. She's in the backyard. Today would've been her birthday, or, you know, whatever. And so what I had proposed, uh, since this did come out of committee this year was I had a amendment to the first sub, which is now, uh, hasn't been conformed to the second sub is to say, if, if you wanna bury grandma in the backyard, that's fine, but you have to, you have to disclose, uh, you have to file a disclosure with the county recorder's office. So in 10 years and 50 years and a hundred years, that would be something that would be on the title reports and every subsequent owner would know that the backyard was a quasi graveyard. So, um, I will oppose this bill because I don't think, although I wanna compliment the author for, um, taking a step in that direction, I don't think what's in the second sub is enough to satisfy my concern. So I'll be a no

  16. Senate President (presiding)36:47

      Thank you. Senator Weiler, I'm gonna go to Senator Cullimore. Go ahead. Senator Cullimore.

  17. Sen. Kirk Cullimore36:54

      Thank you, president. So I rise to speak in favor of the bill. I think what Senator Brammer, a good Senator Cullimore mentioned is that under current law right now, you can actually bury somebody on your private property and there's nothing prohibiting that right now. I actually am not a fan of the second sub. I think it goes too far, but I plan to support it. You know, I like, I liked it the way it was, but, um, you know, the reality is this can happen everywhere, and I think we need, I think we need to operate in reality too. The reality is that most people are not gonna use this to put somebody in their backyard. There are cemeteries, there are plots of land, there are family farms, there are big, there are big tracks of land where, where this is primarily used. I know we like to think that this is gonna be in, in somebody's suburban backyard most of the time, but I, that's not typically the case in other areas of the country where this is allowed. And she's done a lot to keep this, you know, within funeral home director's purview, which again, might be too far for me, but I'm happy to support it. And so I, I think, uh, the sender's done a lot to address the concerns. And I think some of the concerns that are being raised are just outside of the scope of what actually happens when people make these end of life choices. And so, you know, I I think that we need to respect what people want to do at the end of life. This does not disturb private property. This does not disturb current practices and law that are already in place. And I plan to support the bill.

  18. Senate President (presiding)38:18

      Thank you. Now to Senator Sandall.

  19. Sen. Scott Sandall38:21

      Thank you, Mr. President. Uh, I, uh, too have a, an amendment. Uh, I am probably not going to run that amendment, uh, at this point in time. Um, the, uh, substitute does make things a little bit better, but, uh, I, I would kind of go with Senator Weiler's comments. Um, I believe this practice becomes problematic, uh, when a property owner, a future property owner doesn't know, uh, what may be buried or placed there. Uh, and I think that, uh, we probably probably need to, uh, reevaluate a little bit about where we're, um, putting end of life, um, and, and who the next owner may be. So, um, at this time, I'm not gonna run my amendment to, I'll have to have to see if the bill passes on a third. Um, I may actually try to see if that amendment fits better then. Thank you.

  20. Senate President (presiding)39:20

      Thank you. Now to Senator Grover.

  21. Sen. Keith Grover39:23

      Yes. It perhaps a little different of a event. I do agree, um, with what's been said as far as the implications are not what we think they are as far as private property, I write the port of the bill. I looking from a personal per perspective, when I leave this planet, I don't really want to be filled full of chemicals. I don't wanna be put in a box. I don't wanna be burned. And I think this gives an option for the few that want to use it, especially for my family members to not to send me outta state to do something like this. And it's, I think just something we need to look at as far as just this is end of life things that some people may want to do. And I think there's appropriate, uh, guardrails on this bill to solve many of the issues that I think are not reality bits, some perceived maybe in the bill. Thank you.

  22. Senate President (presiding)40:07

      Thank you. Senator Harper. To the bill. Yes.

  23. Sen. Wayne Harper40:11

      Question to the sponsor. Go ahead.

  24. Senate President (presiding)40:13

      She's agreed to yield. Okay.

  25. Sen. Wayne Harper40:15

      On line 7 99, it says, within a removable container, can you describe what, what that re removal Senator Cullimore would be?

  26. Sen. Jen Plumb40:25

      So I, I pictured a couple different versions knowing that it's soil and people may want to grow something. I pictured kind of an above ground flower box. I also pictured not something entirely different from what CRE remains or the remains of cremation come in that could be taken with someone when there's a transfer of, of ownership of the property. If there's more granularity needed to that description, I, I'm certainly open to that. But I pictured something that would take a soil and leave it in a way that made it so when the property changed hands, it could go with. So the next owner, if they had issues with that, didn't have to, didn't have to accept it. Um, because dirt, removing dirt, um, my dad taught me anything. Uh, it's that dirt and water get bored and after 10 years, dirt and water are both gonna find new places to go. So that's why I liked the concept of a container, because it would be something that could be removed if that was the, the best for the new owners.

  27. Sen. Wayne Harper41:31

      Senator Harper. Yeah, Juab, just to comment on that. So that means it's something you could remove. Some people said they wanted to have the remains there that would naturally decompose into the soil. You are not intending that to be the case. Correct.

  28. Sen. Jen Plumb41:45speaker not certain

      Senator Plumb? Correct on private properties. I, I was intending, uh, that, or the bill too is intending that it's in a container of sorts and that that could then be removed.

  29. Senate President (presiding)41:57

      Senator Harper, Thank you. Senator Plumb. I see no further comments.

  30. Sen. Jen Plumb42:02

      I'm gonna go to you summation in a motion. Thank you all for, for getting through this and for also, um, allowing me the grace to get it forward here for conversation. There are so many folks who really felt and feel this is how they would like their end to come to. I think we've really done strong work with the guardrails. No one has to tell you if grandma's ashes are in the rose garden, but we would absolutely have to tell you if there was this soil and it would be in something to be taken. I know that there's, um, discomfort when we think about the end of our lives and the end of our loved ones lives. And so I want those who feel this is what it it will look like for them to feel supported as well. Um, and I'd like the industry folks who would like to move forward with it to have an opportunity to explore that too. So thank you very much to you all and to you Mr. President.

  31. Senate President (presiding)42:57

      Thank you. I hear motion.

  32. Sen. Jen Plumb42:59speaker not certain

      Yes, I with that I call the question please

  33. Senate President (presiding)43:00

      Thank you. And the question is, shall second substitute Senate Bill 49? Be read a third time roll call vote.

  34. Unknown speaker43:06

      Senator Vickers Derre Lein Aye. Brammer bus Aye. Colmore Aye. Escamilla Aye. Fillmore Grover. Aye. Harper Kinins. Ipson Johnson. No. Juab McKay Mikel Milner Musselman Owens pitcher Lum I Rebe. Sandal Stevenson Stratton Vickers Weiler Wilson Winterton Harper Milner.

  35. Senate President (presiding)44:19

      President Adams No. Oh. Second substitute Senate Bill 49 Having received 16 yay votes. 10 no votes. Three being absent shall be read a third time. Senator Brammer.

• Feb 23, 2026 Senate floor debate▶ Watch
  Transcript (34 turns)

  1. Sen. Jen Plumb29:29

     Thank you Mr. President Prote. This, um, bill has been the topic of much discussion and much thought, and I do appreciate the body for the amount of kind of information they've given me as it's unfolded. I think as we think about a vote on this bill, one of the most important things possibly to consider is that this process is happening in other states with people returning to the state with these remains. I think one of the most responsible things we can do would be to put policy into place that reflects what Utah would like as opposed to just having it be happening without us having any say in it. That being said, I'm certainly open to any questions, but I feel really good about the space that we ended in with requiring there be a removable container, a notice of where and a mark of where it is and a good disclosure, uh, process. Thank you Mr. President pro tem.

  2. Presiding officer (President pro tem)30:22

     Thank you. Discussion of the bill. Senator Weiler.

  3. Sen. Todd Weiler30:26

     Thank you. Uh, will the sponsor yield? Will You yield Senator Plumb?

  4. Sen. Jen Plumb30:29

     Yes, of course. Okay. Proceed Senator.

  5. Sen. Todd Weiler30:31

     Thank you. So does this, does this version, I'm sorry I'm not caught up. Uh, does this version require anything to be recorded with the county recorder, Senator Plumb?

  6. Sen. Jen Plumb30:42

     No, it absolutely does not require any clouding of, of a title, which I think as I spoke with many of the people in, in the real estate industry, they felt very strongly that that was not okay. Well, it wouldn't be okay for the homeowner who is burying grandma in the backyard, but, okay, I understand.

  7. Presiding officer (President pro tem)31:00

     Thank you. Thank You. Further discussion of the bill.

  8. Sen. Jen Plumb31:02

     I meant more for the industry. It wouldn't be great for the industry is what I meant.

  9. Presiding officer (President pro tem)31:06

     Senator Cullimore

  10. Sen. Kirk A. Cullimore31:09

      Colleagues. I I just wanna remind everybody that I, I looked into some of these policies a year or two ago and was surprised to find out that under the current state of the law you can actually bury anybody on property you own right now. So it, it doesn't really change the law in that regards. What this does is it allows licensed mortuaries to perform this type of a service for people.

  11. Presiding officer (President pro tem)31:33

      Thank you. Further discussion of the bill. Senator Millner.

  12. Sen. Ann Millner31:36

      I just gonna say, I know of an example of that. Somebody that just, um, did not wanna go through mortuary services, et cetera, and that person was buried in somebody's backyard, so it, it is happening.

  13. Presiding officer (President pro tem)31:49

      Okay. Thank you. Further discussion of the bill. Senator Owens.

  14. Sen. Derrin R. Owens31:55

      Thank you, Mr. Speaker. President pro tem. Um, if the sponsor would just, uh, help clarify, I, I did reach out to a, a funeral home, uh, in another state and asked them if this, uh, what they thought of this concept. Um, he said that they really hadn't heard a lot about it, but they, to them this was opening up Pandora's box of legal issues. Can you, have you addressed, um, what those might be?

  15. Sen. Jen Plumb32:25

      Senator Plumb? You know, it's been interesting talking with, um, different funeral directors across the state and, and there certainly is some reluctance from the folks who have procedures and processes in place where they tend to do the more standard, uh, either cremation or embalming procedure. Um, they're a little less interested in this procedure, some of the younger and in the generational businesses, some of the, you know, that's been gone down. It's gone down from generation to generation. The younger folks have been, um, more interested in it. As far as actual liabilities, this would be, there are 14 states before us that have these in place. We would be the 15th state and, and there have not been significant lawsuits, there have not been problems that have, have been uncovered by allowing this process to happen within their states. Again, this is happening in other states, and so the remains are returning whether we allow the process to happen here or not. And it, it really does feel like the most responsible way to meet would be for us to put the guardrails in now as opposed to down the line when there may be further concerns.

  16. Presiding officer (President pro tem)33:41

      Thank you. Thank you Senator Fillmore.

  17. Sen. Lincoln Fillmore33:45

      Thank you. Uh, Mr. President. Looking at the bill and, um, I'm gonna start on line 360 7 and then jump down to 3 86. Unlawful conduct includes in the course of a person's business, vocation or occupation, knowingly using the soil produced by the natural organic reduction process to grow food for human conception. And my question for the sponsor is why Senator Plumb?

  18. Sen. Jen Plumb34:15

      That was actually added, um, at the request of, of some of our colleagues last year, that they had concerns about this being used in an arena where food may be grown. It wasn't everybody, but it felt like a big enough concern to folks that I wanted to address it and I didn't want to ignore it. I think that, um, like many things, sometimes you start with, with smaller steps and then if time goes along, maybe you stay there or you open it up more broadly. It is interesting that you know, many of our farmers and ranchers who can speak to this far more than I can, there are bodies that are put into the earth there of animals. Um, and then there are different products and produce, et cetera, grown on those. So I think there is a a, a level of comfort that's different for each of us. And when it was added, it was added for those who were not comfortable with it. Not because there was any data or evidence to suggest that it would be harmful, but it gave people a comfort. Senator Fillmore,

  19. Sen. Lincoln Fillmore35:17

      I guess I i I, I don't think I have a follow up question. I accept that answer, but I guess I, I wonder why would we, we would be passing a bill that provides so much discomfort to people that we have to ban something that has no problem. Um, anyway, so that's that.

  20. Presiding officer (President pro tem)35:35

      Okay, thank you. Further discussion. The, the bill Senator Wether,

  21. Sen. Todd Weiler35:38

      Um, thank you Mr. President. I haven't pulled it up, but is there a amendment from sandal showing on this system? If there is, I'm gonna move to circle so he can be here for that. There is, so I'm gonna move to circle so that Senator Sandall could have an opportunity. I, I believe he's in budget discussions, but no, I don't think it's fair to pass this without him being here on the floor. H Hang on, let me just know

  22. Presiding officer (President pro tem)36:01speaker not certain

      what you're talking about. So I'm with you. You're talking about amendment number one That to the second sub.

  23. Sen. Todd Weiler36:09speaker not certain

      Oh yeah. Mr. President, I'm sorry, I didn't mean to, um, there I don't see a second Amendment. I see a Senate amendment one. I see a Senate, uh, substitute one is someone I may just not be looking.

  24. Unknown speaker36:26speaker not certain

      Mr. President pro tem. Does someone else see a There is an Amendment one. Yes. Let Me see. Amendment one is an old to the second Substitute Up Here. I think my motion is to circle, Uh, uh oh, I do see something hiding there. Hang on a second. I do see something hiding there.

  25. Sen. Todd Weiler36:47speaker not certain

      So, uh, that makes sense to me. Mr. President Proti a apologies that yeah.

  26. Presiding officer (President pro tem)36:51

      Okay. To the motion that No one had talked to me about that, so apologies. Okay. To the motion to circle any discussion. Senator Bacha

  27. Unknown speaker37:01speaker not certain

      To Mr. President pro tem does the, the original bill sponsor support the amendment?

  28. Presiding officer (President pro tem)37:06

      Senator Plumb, Uh, Mr. President Pro tem?

  29. Sen. Jen Plumb37:09

      I'm just seeing it right now. Um, um, honestly, I I actually am okay with this.

  30. Unknown speaker37:36speaker not certain

      We have a motion to circle. Let, should we adopt this, uh, alternate motion would be to adopt this amendment number two substitute motion. This Substitute movement. Yeah, you

  31. Sen. Jen Plumb37:55speaker not certain

      Can adopt it in my name

  32. Presiding officer (President pro tem)37:56

      That is acceptable to go through as a substitute motion to adopt that amendment. Number one, Uh, two. Number two. Amendment Two. You see number? No, it's Senate amendment two. Thank you. Come find. Okay, I can just circle and we can make sure we have Clarity. Let's circle this and get everything Cody. Yeah, I'll Make sure we have clarity. So back to the original. Motion to circle. All in favor say aye. A Aye. Any opposed? I rule that passes The bill is circled. Senator Wilson

  33. Sen. Chris H. Wilson38:28

      Motion Done circle Which bill? Gotta get that down. Second substitute, uh, Senate bill 2 2 2 2 22. Okay, the motion is to encircle second substitute Senate bill 2, 2, 2.

  34. Presiding officer (President pro tem)38:41

      Right to try amendments. Discussion. That motion saying none. All in favor say aye. A. Aye. Any opposed? I'll rule that passes. The bill is Uncircled. Senator Wilson.