HB338 Alabama 2022 Session

Summary

Primary Sponsor

K.L. Brown

Republican

Session

Regular Session 2022

Title

Funeral Service Board, licensing and regulation of cemetery authorities and cemeteries, Secs. 34-13-300 to 34-13-317, inclusive, added; Secs. 27-17A-46, 27-17A-47, 27-17A-48 repealed; Secs. 34-13-20, 34-13-111 am'd.

Summary

HB338 would expand the Alabama Board of Funeral Service to license and regulate cemetery authorities and cemeteries, creating new rules, licenses, and enforcement.

What This Bill Does

It adds a new Article 6 to regulate cemetery authorities and cemeteries, including licensing, fees, inspections, and record-keeping. It requires cemetery authorities, including endowment care cemeteries, to obtain licenses, submit background checks, maintain endowment care funds, publicly display licenses, and pay annual fees. It creates licenses for cemetery sales agents and designates a general manager responsible for operations and compliance, with enforcement powers and penalties for violations. It repeals existing endowment care cemetery provisions and introduces consumer disclosure requirements and structured oversight of cemetery-related activities.

Who It Affects

• Cemetery authorities and cemeteries must apply for and maintain licenses, meet financial and reporting requirements, and comply with board rules.
• Endowment care and non-endowment care cemeteries must register, meet licensing and trust fund requirements, and undergo inspections and audits.
• General managers of cemetery authorities must be licensed and are responsible for day-to-day operations and compliance.
• Cemetery sales agents must be licensed, undergo background checks, and be affiliated with sponsoring cemeteries; they may work for more than one cemetery with written consent.
• Consumers buying cemetery merchandise or services are entitled to written disclosures, schedules of charges, and protections related to endowment care funds and contracts.

Key Provisions

• Establishes a new Article 6 (34-13-300 series) to license and regulate cemetery authorities and cemeteries, excluding government or religious cemeteries and those not charging for plots or services.
• Requires initial cemetery establishment licenses, non-transferable licenses, and a process to license existing cemetery authorities and non-endowment care cemeteries by Oct 1, 2022; ends with continued operation under the new framework.
• Imposes background checks (state and federal), fingerprints, and cost payment by applicants; includes confidentiality and use of criminal history in licensure decisions.
• Sets license and renewal fees (initial up to $1,000; annual renewal up to $1,000) and requires a schedule of charges to be filed and publicly displayed.
• Requires designation of a point of contact and a general manager for each cemetery authority; the general manager must be licensed and is responsible for supervision, reporting, and inspection support.
• Creates ongoing inspection, reporting, and compliance requirements, with board authority to suspend, revoke, or fine cemetery licenses for hazards or failures to comply; permits injunctive relief and emergency suspensions.
• Authorizes the board to license cemetery sales agents (including multi-cemetery affiliations with consent), require criminal history checks, and specify training and employment documentation before selling preneed contracts.
• Imposes changes of control oversight (certificate of approval) with fees up to $1,600 and requirements to verify trust accounts and bonds before approving control changes.
• Requires public display of licenses, full schedules of charges, and delivery of written contracts and disclosures to buyers at the point of sale.
• Directs endowment care fund provisions and permits the board to release funds to address hazardous conditions under safeguards, while maintaining oversight.
• Adds enforcement tools including audits, investigation powers, and fines; expands penalties for violations by licensees and cemetery authorities.
• Repeals existing endowment care cemetery provisions (27-17A-46 to 27-17A-48).
• Provides that the act becomes effective on the first day of the first month after passage and Governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Funeral Service, Board of