HB476 Alabama 2021 Session

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

This bill would establish the Alabama Preneed Funeral and Cemetery Act of 2021, and would transfer the regulation of preneed contracts pursuant to the Preneed Funeral and Cemetery Act from the Commissioner and the Department of Insurance to the board

This bill would also 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 34-13-1, 34-13-2, 34-13-4, 34-13-7, 34-13-9, 34-13-11, 34-13-12, 34-13-20, 34-13-22, 34-13-23, 34-13-26, 34-13-27, 34-13-52, 34-13-53, 34-13-54, 34-13-55, 34-13-56, 34-13-56.1, 34-13-111, and 34-13-113, Code of Alabama 1975; to add Article 5 to Chapter 13, Title 34, Code of Alabama 1975, by amending and renumbering Sections 27-17A-1, 27-17A-3, 27-17A-4, 27-17A-10 to 27-17A-16, inclusive, 27-17A-18 to 27-17A-25, inclusive, 27-17A-30 to 27-17A-34, inclusive, and 27-17A-40 to 27-17A-44, inclusive, as Sections 34-13-170, 34-13-172, 34-13-173, 34-13-190 to 34-13-197, inclusive, 34-13-199 to 34-13-206, inclusive, 34-13-230 to 34-13-234, inclusive, 34-13-260 to 34-13-264, inclusive, Code of Alabama 1975, and adding Sections 34-13-171 and 34-13-198 to the Code of Alabama 1975; to add Article 6 to Chapter 13, Title 34, Code of Alabama 1975, by amending and renumbering Sections 27-17A-46 to 27-17A-56, inclusive, as Sections 34-13-295 to 34-13-302, inclusive, and Sections 34-13-310 and 34-13-311, Code of Alabama 1975; and adding Sections 34-13-290 to 34-13-294, inclusive, 34-13-303 to 34-13-308, inclusive, and 34-13-312 to 34-13-315, inclusive, to the Code of Alabama 1975; to establish the Alabama Preneed Funeral and Cemetery Act of 2021; to transfer the existing Preneed Funeral and Cemetery Act, and the regulation of preneed contracts, from the Commissioner and Department of Insurance to the Alabama Board of Funeral Service; 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-2, 27-17A-17, 27-17A-45, and Section 27-17A-57, Code of Alabama 1975, relating to definitions, the dissolution or liquidation of a certificate holder, the endowment care fund, and the jurisdiction of the Commissioner of Insurance relating to preneed contracts, respectively; 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.