HB212 Alabama 2017 Session

Sponsors

Session

Regular Session 2017

Title

Funeral Services, Board of, membership of board revised, provide further for definitions, require further for the licensing and regulation of crematories and cremationists, and other technical nonsubstantive changes, Secs. 34-13-56.1, 34-13-117, 34-13-120.1, 34-13-123 added; Secs. 34-13-1, 34-13-3, 34-13-8, 34-13-10, 34-13-11, 34-13-20, 34-13-21, 34-13-23, 34-13-25, 34-13-26, 34-13-29, 34-13-31, 34-13-51 to 34-13-57, inclusive, 34-13-70, 34-13-71, 34-13-74, 34-13-91, 34-13-110 to 34-13-113, inclusive, 34-13-115, 34-13-116, 34-13-120, 34-13-121, 34-13-130 to 34-13-132, inclusive, 34-13-134 am'd.

Description

<p class="bill_description"> Under existing law, the Alabama Board of Funeral Service licenses and regulates funeral establishments, funeral directors, and embalmers in the state</p><p class="bill_description"> This bill would: provide further for definitions; revise the membership of the board; change the name of the executive secretary of the board to the executive director of the board; include the grandchildren of the decedent in the priority list of those persons eligible to act as an authorizing agent for the decedent; require all appeals of public hearing determinations to be taken to the Circuit Court of Montgomery County; require criminal history background checks of all prospective licensees of the board; require a managing funeral director to live within 75 miles of the funeral establishment; require the biennial renewal of all licenses; impose a biennial administrative fee on all continuing education providers; shorten the time frame in which an expired license may be reinstated from six months to 30 days; provide further for the public hearing process; provide further for the advertising of the presence of a crematory; would require a managing funeral director or managing embalmer to be employed at each funeral establishment; provide for the licensing and regulation of crematories and the licensure of cremationists; provide further for apprenticeships; and make additional technical and nonsubstantive changes</p><p class="bill_description"> Amendment 621 of the Constitution of Alabama of 1901 prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose</p><p class="bill_description"> The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of Amendment 621. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in Amendment 621</p><p class="bill_entitled_an_act"> To amend Section 34-13-1, as amended by Act 2016-265, 2016 Regular Session, and Sections 34-13-3, 34-13-8, 34-13-10, 34-13-11, 34-13-20, 34-13-21, 34-13-23, 34-13-25, 34-13-26, 34-13-29, 34-13-31, 34-13-51, 34-13-52, 34-13-53, 34-13-54, 34-13-55, 34-13-56, 34-13-57, 34-13-70, 34-13-71, 34-13-74, 34-13-91, 34-13-110, 34-13-111, 34-13-112, 34-13-113, 34-13-115, 34-13-116, 34-13-120, 34-13-121, 34-13-130, 34-13-131, 34-13-132, and 34-13-134, Code of Alabama 1975, and to add Sections 34-13-56.1, 34-13-117, 34-13-120.1, and 34-13-123 to the Code of Alabama 1975, relating to the Alabama Board of Funeral Service and the Funeral Service Practice Act; to provide further for definitions; to provide further for the membership of the board; to change the name of the executive secretary of the board to the executive director of the board; to include the grandchildren of the decedent in the priority list of those persons eligible to act as authorizing agent for the decedent; to require all appeals of public hearing determinations to be taken to the Circuit Court of Montgomery County; to require criminal history background checks of all prospective licensees of the board; to require a managing funeral director to live within 75 miles of the funeral establishment; to require the biennial renewal of all licenses; to impose a biennial administrative fee on all continuing education providers; to shorten the time frame in which an expired license may be reinstated from six months to 30 days; to provide further for the public hearing process; to provide further for the advertising of the presence of a crematory; to require a managing funeral director or managing embalmer to be employed at each funeral establishment; to provide for the licensing and regulation of crematories and the licensure of cremationists; to provide further for apprenticeships; to make technical corrections; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901. </p>

Subjects

Funeral Service, Board of