HB212 Alabama 2017 Session

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

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

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

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

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.