Alabama 2022 Regular Session

Alabama House Bill HB338

Introduced
2/15/22  

Caption

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authorities and cemeteries, Secs. 34-13-300 to 34-13-317, inclusive, added; Secs. 27-17A-46, 27-17A-47, 27-17A-48 repealed; Secs. 34-13-20, 34-13-111 am'd.

Impact

The implementation of HB 338 will likely lead to increased regulatory oversight of cemetery operations throughout Alabama. It is designed to ensure that cemetery authorities maintain proper records, obtain requisite licenses, and adhere to safety standards that protect the public interest. As cemeteries will now be overseen by the Board of Funeral Service, this legislation is positioned to enhance accountability and improve service quality within the funeral and cemetery sectors.

Summary

House Bill 338 aims to amend existing laws to provide for the licensing and regulation of cemetery authorities and cemeteries under the Alabama Board of Funeral Service. This bill proposes to establish a detailed framework governing how cemeteries operate, ensuring that they comply with state standards for safety, operation, and financial accountability. In particular, it introduces a new article to the Code of Alabama that comprehensively addresses the requirements for cemetery operations, including licensing processes and penalties for non-compliance.

Contention

One notable aspect of HB 338 is its potential fiscal impact on local governments. The bill would require new or increased expenditure of local funds due to the expanded regulatory responsibilities placed upon local entities, particularly in relation to the maintenance of endowment care funds and the provision of adequate services to community members. The enforcement mechanisms, including penalties for operating without licenses and fines for failure to comply with reporting requirements, have sparked discussions among stakeholders about the balance between regulation and local autonomy.

Companion Bills

No companion bills found.

Previously Filed As

AL SB224

Office of Occupational and Professional Licensing, created within the Department of Labor; oversight provided to professional or occupational licensing boards.

AL HB404

Electronic Security Board of Licensure, requirements for licensing, procedures for operating provided

AL SB137

Alabama Board of Massage Therapy, terminated pursuant to the Sunset law and replaced by the Alabama Massage Therapy Licensing Board

AL HB460

Occupational and professional licensing boards, prohibited from purchasing or acquiring real property commencing on October 1, 2024

AL SB193

Office of Occupational and Professional Licensing within the Department of Workforce; created as centralized entity for providing leadership, support, and oversight to certain boards.

AL HB341

Alabama Board of Cosmetology and Barbering, exemption for the licensing and regulation of makeup applicators provided

AL SB131

Alabama Behavior Analyst Licensing Board, continued pursuant to Sunset Law until October 1, 2026; Department of Mental Health required to provide certain services and personnel for operation of board

AL SB28

Pharmacy Board, licensure and regulation of pharmacists and operation of board

AL HB163

Decoupling the Tax Cuts and Jobs Act (TJCA) Amendment to Section 174 of the Internal Revenue Code

AL HB70

Alabama Board of Cosmetology and Barbering, esthetician/makeup artist subject to licensing by board, qualifications for licensing provided, exemptions

Similar Bills

AL HB47

Funeral Service Board, licensing and regulation of cemetery authorities and cemeteries, Alabama Preneed Funeral and Cemetery Act, established, adding, amending and renumbering numerous sections, Secs. 27-17A-2, 27-17A-17, 27-17A-45, 27-17A-57 repealed; Secs. 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, 34-13-113 am'd.

AL HB212

Relating to the Alabama Board of Funeral Service; to amend Section 34-13-1, as amended by Act 2022-339, 2022 Regular Session, Sections 34-13-20, 34-13-21, and 34-13-22, Sections 34-13-23 and 34-13-27, as amended by Act 2022-339, 2022 Regular Session, Code of Alabama 1975, to rename the Alabama Board of Funeral Service as the Alabama Board of Funeral Services and to provide further for definitions and the membership of the board; 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-25, inclusive, 27-17A-30 to 27-17A-34, inclusive, and 27-17A-40 to 27-17A-57, inclusive, as Sections 34-13-170 to 34-13-172, inclusive, 34-13-190 to 34-13-206, inclusive, 34-13-230 to 34-13-234, inclusive, and 34-13-260 to 34-13-277, inclusive, Code of Alabama 1975; to establish the Alabama Preneed Funeral and Cemetery Act of 2023; 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 authorize the Department of Insurance to temporarily transfer certain funds to the board to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023; 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 Section 111.05 of the Constitution of Alabama of 2022.

AL SB131

Relating to the Alabama Board of Funeral Service; to amend Section 34-13-1, as amended by Act 2022-339, 2022 Regular Session, Sections 34-13-20, 34-13-21, and 34-13-22, Sections 34-13-23 and 34-13-27, as amended by Act 2022-339, 2022 Regular Session, Code of Alabama 1975, to rename the Alabama Board of Funeral Service as the Alabama Board of Funeral Services and to provide further for definitions and the membership of the board; 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-25, inclusive, 27-17A-30 to 27-17A-34, inclusive, and 27-17A-40 to 27-17A-57, inclusive, as Sections 34-13-170 to 34-13-172, inclusive, 34-13-190 to 34-13-206, inclusive, 34-13-230 to 34-13-234, inclusive, and 34-13-260 to 34-13-277, inclusive, Code of Alabama 1975; to establish the Alabama Preneed Funeral and Cemetery Act of 2023; 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 authorize the Department of Insurance to temporarily transfer certain funds to the board to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023; 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 Section 111.05 of the Constitution of Alabama of 2022.

AL HB81

Relating to the Alabama Board of Funeral Service; to amend Section 34-13-1, as amended by Act 2022-339, 2022 Regular Session, Sections 34-13-20, 34-13-21, and 34-13-22, Sections 34-13-23 and 34-13-27, as amended by Act 2022-339, 2022 Regular Session, Code of Alabama 1975, to rename the Alabama Board of Funeral Service as the Alabama Board of Funeral Services and to provide further for definitions and the membership of the board; 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-25, inclusive, 27-17A-30 to 27-17A-34, inclusive, and 27-17A-40 to 27-17A-57, inclusive, as Sections 34-13-170 to 34-13-172, inclusive, 34-13-190 to 34-13-206, inclusive, 34-13-230 to 34-13-234, inclusive, and 34-13-260 to 34-13-277, inclusive, Code of Alabama 1975; to establish the Alabama Preneed Funeral and Cemetery Act of 2023; 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 authorize the Department of Insurance to temporarily transfer certain funds to the board to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023; 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 Section 111.05 of the Constitution of Alabama of 2022.

OR SB1091

Relating to transportation protection agreements; and prescribing an effective date.

LA HB302

Provides relative to cemetery trust funds

MI SB0268

Insurance: life; adjustment of death benefit for cemetery or funeral goods and services; modify. Amends sec. 2080 of 1956 PA 218 (MCL 500.2080).

MO SB551

Regulates human and pet cemeteries