HB338 Alabama 2022 Session

Under existing law, the Alabama Board of Funeral Service licenses and regulates funeral establishments, funeral directors, and embalmers

This bill would provide for the licensing and regulation of cemetery authorities and cemeteries by the board

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. 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 the amendment

Relating to the Alabama Board of Funeral Service; to amend Sections 34-13-20 and 34-13-111, Code of Alabama 1975; to add Article 6, commencing with Section 34-13-300, to Chapter 13, Title 34, Code of Alabama 1975; to provide for the licensing and regulation of cemetery authorities and cemeteries by the board; to make corresponding technical changes; and to repeal Sections 27-17A-46, 27-17A-47, and 27-17A-48, Code of Alabama 1975, relating to endowment care cemeteries, the establishment of an endowment care fund, and the maintenance of records by a cemetery authority, respectively, under the Cemetery Merchandise and Services Trust Fund; 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, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.