Ohio Funeral Directors Association
Legislative Update
October 21, 2009
Prepared by John T. McGough
Governor Strickland proposes delay in Income Tax reduction to plug Budget Hole
In an effort to fill a projected $851 million budget hole, Governor Strickland has proposed that the 2009 4.2% state income tax reduction be delayed two years. The reason for the budget deficit is that the budget provision that would have authorized slots at racetracks has been delayed as the result of an Ohio Supreme Court decision that the slots provision is subject to referendum. This means that if opponents of the slots provision can obtain enough valid signatures to place the referendum on the ballot, the statewide vote will not occur until the November 2010 General Election.
House Finance Committee Chair Vernon Sykes (D-Akron) has introduced H.B. 318 which delays the 2009 4.2% income tax deduction until 2011 and also includes a 5% salary cut for state legislators. Hearings occurred on Monday and Tuesday of this week in the House Finance & Appropriations Committee and the bill was voted out of Committee on Tuesday. The bill will likely be voted on the House floor on Wednesday. In the Senate where Republicans are in the majority, it is unclear whether they will support the legislation in its current form.
S.B. 147 - Veterans Unclaimed Remains
Senator Jim Hughes (R-Columbus) introduced S.B. 147 on June 17, 2009 to give the right of disposition to the United States Secretary of Veterans Affairs regarding the unclaimed cremated remains of person who are entitled to be buried in a national cemetery. The bill requires a funeral home or crematory operator that is holding unclaimed cremated remains to notify the U.S. Department of Veterans Affairs of the name and other identifying information related to the decedent. The Secretary of Veterans Affairs then has 60 days to notify the funeral home or crematory operator if the person is a veteran who is eligible for burial in a national cemetery and that the Secretary agrees to pay for the costs of transportation and burial of the unclaimed remains in a national cemetery.
The bill as introduced was not limited to just unclaimed cremated remains but to all unclaimed remains and did not include a requirement that the Secretary of Veterans Affairs assume the costs of the transportation and burial in a national cemetery. OFDA prepared a re-drafted bill that Senator Hughes agreed to bring before the committee that took care of these two issues.
On September 29th OFDA President Tom Fleming provided proponent testimony in support of S.B. 147 in the Senate State & Local Government & Veterans Affairs Committee. On October 15, 2009 the bill passed out of Committee but has not been considered by the full Senate.
H.B. 314 - Registered Nurse Pronouncement of Death
On October 14, 2009 Representative Peter Ujvagi (D-Toledo) introduced H.B. 314 to authorize a registered nurse to make a determination of and a pronouncement of death. The bill has been referred to the House Health Committee.