SB 129: Shifting Responsibility for Indigent Decedents from Township Trustee to Coroner

Death and taxes.

Sen. Buck has introduced SB 129 concerning the death of people who are indigent. Currently, if someone dies without financial resources and without family members willing to step up and take financial responsibility for disposing of the remains, the responsibility falls to the township trustee. This is consistent with the trustee’s role in administering poor relief and cemeteries.

Under this legislation, that responsibility would be shifted to the Coroner. The Coroner (like the township trustee presently) would, in the case of a person who dies without assets, be required to provide a person to superintend and authorize burial or cremation. Expenses of a funeral, burial or cremation, and a burial plot would be paid from the County general fund. Family members have veto power over the Coroner choosing cremation.

The fiscal note estimates that the average cost per indigent death is about $1,000. The number of indigent funerals, burials, and cremations increased about 7% in 2016 versus 2013-2015. The note says overall expenses will remain the same, but it kind of hides the ball about what I assume is the fact that these expenses will shift from township to county. I don’t see that townships lose tax revenue or counties get increased revenue to compensate for this shift. So, Vanderburgh County – for example, would have an additional $188,000 in expense while its various townships would have that money to spend on other things.

The fiscal note also indicates that, in counties with more than 400,000 people (which would mean Marion and Lake but I don’t think Allen), the Coroner already serves this function. But, overall, this shift strikes me as not being terribly consistent with the Coroner’s function. Sure, coroners and dead bodies are very much related in the public mind. But, quick history lesson — the word “coroner” comes from the Angl0-Norman French word for “crown.” The Coroner was the agent of the crown who kind of made sure things out in the sticks were running properly. That’s why the Coroner has duties with respect to arresting the Sheriff (the shire-reeve) when that becomes necessary. And, it’s why the coroner has the responsibility for investigating the cause and manner of deaths. These positions evolve over time, and, of course, the General Assembly can redefine roles of government officials. But, it’s not as natural a fit as it might seem at first glance. Most of the time, when a poor person dies, it’s not suspicious. The government is just involved because the fact of the person’s indigency. And, historically, the township trustee has had a major role in providing assistance to indigent members of the community.