HB 211

Sponsor
Session
Regular Session 2018
Title
Funeral Service, Board of, mortuary schools, students with valid apprenticeships or internships in another state may attend, criminal prosecution of funeral service law violations, quorum of the board, provided further, Secs. 34-13-3, 34-13-5, 34-13-6, 34-13-22 am'd.
Description

Under existing law, the Alabama Board of Funeral Service is responsible for the licensing and regulation of funeral establishments, funeral directors, and embalmers in the state

This bill would clarify that a student who holds a valid apprenticeship or internship in another state may attend mortuary school in this state

This bill would clarify the jurisdiction of district courts over the prosecution of criminal violations of funeral service laws

This bill would require certain appeals taken by a licensee to be in the Circuit Court of Montgomery County

This bill would also clarify that a majority of the appointed members of the board constitute a quorum for the transaction of board business

To amend Sections 34-13-3, as amended by Act 2017-433, 2017 Regular Session, 34-13-5, 34-13-6, and 34-13-22, Code of Alabama 1975, relating to the Alabama Board of Funeral Service; to clarify that students who hold valid apprenticeships or internships in another state may attend mortuary school in this state; to clarify the jurisdiction of district courts over the criminal prosecution of funeral service law violations; to require certain appeals to be in the Circuit Court of Montgomery County; and to provide further for a quorum of the board.

Subjects
Funeral Service, Board of
View Original PDF: HB 211 - Introduced - PDF

Under existing law, the Alabama Board of Funeral Service is responsible for the licensing and regulation of funeral establishments, funeral directors, and embalmers in the state

This bill would clarify that a student who holds a valid apprenticeship or internship in another state may attend mortuary school in this state

This bill would clarify the jurisdiction of district courts over the prosecution of criminal violations of funeral service laws

This bill would require certain appeals taken by a licensee to be in the Circuit Court of Montgomery County

This bill would also clarify that a majority of the appointed members of the board constitute a quorum for the transaction of board business

To amend Sections 34-13-3, as amended by Act 2017-433, 2017 Regular Session, 34-13-5, 34-13-6, and 34-13-22, Code of Alabama 1975, relating to the Alabama Board of Funeral Service; to clarify that students who hold valid apprenticeships or internships in another state may attend mortuary school in this state; to clarify the jurisdiction of district courts over the criminal prosecution of funeral service law violations; to require certain appeals to be in the Circuit Court of Montgomery County; and to provide further for a quorum of the board.

Section 1

Sections 34-13-3, as amended by Act 2017-433, 2017 Regular Session, 34-13-5, 34-13-6, and 34-13-22 of the Code of Alabama 1975, are amended to read as follows:

§34-13-3.

Nothing in this chapter shall be construed to give any cemetery or cemetery authority or any other person or entity the right to enter into or engage in any funeral home operation or the practice of embalming or funeral directing or any related funeral home or funeral directing activities. Nor shall this chapter include any temporary or occasional or extra help to assist in the conduct of a funeral employed on such basis by a funeral director, provided such funeral is under the direct supervision of a licensed funeral director. Nor shall this chapter require an out-of-state student to obtain an Alabama apprenticeship for the purposes of attending mortuary school in the state, as long as the student has an existing active apprenticeship or internship in his or her state of residence.

§34-13-5.

Circuit District courts shall have jurisdiction in all criminal prosecutions arising under this chapter. The district attorney is authorized to institute criminal prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment or by complaint verified before any magistrate.

§34-13-6.

In the event a licensee under this chapter should have cause to believe that the board, or a member or members thereof, has used the powers of the board to promulgate orders or rulings or requirements not intended by this chapter and that such orders or rulings or requirements are used to subject the licensee to unreasonable and wrongful interpretations of this chapter by the board or that the board or a member or members thereof have imposed the powers of the board or the wrongful interpretations of this chapter upon the licensee to such extent that it constitutes harassment of the licensee, then the licensee may take an appeal for relief to the circuit court of the county in which the licensee practices embalming, funeral directing, or operates a funeral establishment Circuit Court of Montgomery County as prescribed in Section 34-13-31.

§34-13-22.

The Alabama Board of Funeral Service shall hold not less than one meeting quarterly, such meeting to be held at such time and place as the board may determine after notice of such meeting has been given in the manner prescribed herein at least 15 days prior to such meeting. The board may hold such other meetings as it may deem necessary. Five or more members A majority of the appointed members shall comprise constitute a quorum authorized to transact business in the name of the board. The board shall not meet on the premises of any embalming school or college of mortuary science; and, if any such meeting is held, all the proceedings of such meeting shall be void."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 22, 2018HDelivered to Governor at 10:17 a.m. on March 22, 2018.
March 22, 2018HAssigned Act No. 2018-450.
March 22, 2018HClerk of the House Certification
March 22, 2018SSignature Requested
March 21, 2018HEnrolled
March 21, 2018HPassed Second House
March 21, 2018SMotion to Read a Third Time and Pass adopted Roll Call 981
March 21, 2018SThird Reading Passed
March 20, 2018SRead for the second time and placed on the calendar
March 15, 2018SRead for the first time and referred to the Senate committee on Governmental Affairs
March 13, 2018HIngram intended to vote Yea
March 13, 2018HMotion to Read a Third Time and Pass adopted Roll Call 767
March 13, 2018HThird Reading Passed
February 8, 2018HRead for the second time and placed on the calendar
January 16, 2018HRead for the first time and referred to the House of Representatives committee on Boards, Agencies and Commissions
2018-03-21
Chamber: Senate
Result: Passed
2018-03-13
Chamber: House
Result: Passed