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HB161 • 2025

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO FUNERAL ESTABLISHMENT PERMITS.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO FUNERAL ESTABLISHMENT PERMITS.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Ortega
Last action
2025-08-25
Official status
Signed 8/25/25
Effective date
Not listed

Plain English Breakdown

The bill summary and text do not specify an effective date.

Changes to Funeral Establishment Permits in Delaware

This act updates and clarifies the rules for obtaining permits to operate funeral establishments in Delaware.

What This Bill Does

  • Clarifies what a 'funeral establishment' means, including places where human remains are cared for and services related to funerals are provided.
  • Requires that anyone operating a funeral establishment must have a permit from the Board.
  • Removes the requirement for satellite funeral establishments existing before May 12, 1988, to include an area for embalming.
  • Makes technical changes to ensure the language follows the rules set by the Legislative Drafting Manual.

Who It Names or Affects

  • People who operate or want to start a funeral establishment in Delaware.
  • The Board that issues permits for funeral establishments.

Terms To Know

Funeral Establishment
A place used in the care and preparation of human remains for funeral service, burial, entombment, cremation, or natural organic reduction. It includes areas for embalming, viewing convenience, and other services associated with human remains.

Limits and Unknowns

  • The bill does not specify when it will become effective.
  • It only affects funeral establishments in Delaware.

Bill History

  1. 2025-08-25 Delaware General Assembly

    Signed by Governor

  2. 2025-06-26 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  3. 2025-06-18 Delaware General Assembly

    Reported Out of Committee (Executive) in Senate with 6 On Its Merits

  4. 2025-06-13 Delaware General Assembly

    Re-Assigned to Executive Committee in Senate

  5. 2025-06-12 Delaware General Assembly

    Passed By House. Votes: 40 YES 1 ABSENT

  6. 2025-06-12 Delaware General Assembly

    Assigned to Legislative Oversight & Sunset Committee in Senate

  7. 2025-05-21 Delaware General Assembly

    Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 5 On Its Merits

  8. 2025-05-14 Delaware General Assembly

    Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO FUNERAL ESTABLISHMENT PERMITS.
This Act clarifies the requirements regarding obtaining a permit to operate a funeral establishment.
Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Ortega & Sen. Huxtable

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 161

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO FUNERAL ESTABLISHMENT PERMITS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3101, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16].

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(8) “Funeral establishment” means any place used in the care and preparation of human remains for funeral service, burial, entombment, cremation, or natural organic reduction;

said place shall also include

including

areas for embalming, the convenience of the bereaved for viewing, and other services associated with human remains. A funeral establishment

shall

also

include

includes

a place or office in which the business matters associated with funeral services are conducted.

Satellite funeral establishments existing as of May 12, 1988, shall not be required to include an area for embalming.

Section 2. Amend § 3117, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3117. Funeral establishment permit; circumstances for termination and continuation.

(b) No person

shall

may

conduct, maintain, manage, or operate a funeral establishment unless a permit for

each such

the

establishment has been issued by the Board. Violation of this subsection

shall constitute

is a

grounds

ground

for discipline.

When a funeral service is held in a private residence, church, or lodge hall, no permit is required, provided that the funeral director of record is operating from a firm with a funeral establishment permit.

SYNOPSIS

This Act clarifies the requirements regarding obtaining a permit to operate a funeral establishment.

Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual.