ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
APPROPRIATIONS COMMITTEE
DATE: March 30, 2022
SUBJECT: Strike everything amendment to H.B. 2123, relating to occupational; licensure
Purpose
Continues the Arizona State Board of Funeral Directors' and Embalmers' (Board) until
March 31, 2023. Effective April 1, 2023, modifies definitions relating to the regulation of funeral
directors, embalmers and cremationists to reflect the transfer of Board responsibilities to a funeral
service regulating authority of Arizona and to redefine licensed persons as registered persons.
Background
The Board licenses and registers funeral directors, embalmers, assistant funeral directors,
embalmer's assistants, cremationists, funeral establishments and crematories (A.R.S. Title 32,
Chapter 12). The Board consists of seven Governor-appointed members to serve staggered,
four-year terms. Three members must be licensed, practicing funeral directors or embalmers and
four must be public members (A.R.S. § 32-1302).
The Board must maintain records, investigate violations and adopt rules relating to:
1) administrative and investigative procedures; 2) records and advertising; 3) standards of practice;
4) consumer disclosure; 5) standard price disclosure and price list requirements; 6) the inspection
of funeral establishments and crematories every five years; and 7) any other matters deemed
necessary. The Board may: 1) employ professional, investigative and clerical positions; 2) appoint
citizen advisory committees; 3) issue subpoenas regarding investigations or hearings; 4) contract
with state or federal agencies; 5) charge reasonable fees for distribution of Board-printed materials;
and 6) reasonably charge license or registration applicants for fingerprint background checks
(A.R.S. § 32-1307).
The House Commerce Committee of Reference met on January 11, 2022, and the Senate
Commerce Committee of Reference met on January 19, 2022, to conduct a review of the Board.
Both committees of reference recommended the Board be continued for two years (Board Sunset
Report). The Board is statutorily set to terminate on July 1, 2022, unless legislation is enacted for
its continuation (A.R.S. § 41-3022.22).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Board Continuation
1. Continues the Board, retroactive to July 1, 2022, until March 31, 2023.
2. Repeals the Board on January 1, 2024.
JASON THEODOROU
LEGISLATIVE RESEARCH ANALYST
COMMERCE COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
H.B. 2123
Page 2
3. Contains a purpose statement.
4. Declares the Legislature's intent to continue the Board, through March 31, 2023, to allow for
additional time to ensure proper legislative consideration and transference of responsibilities
for the purposes of public health and safety.
5. Directs Legislative Council staff to prepare proposed conforming legislation for consideration
in the Fifty-sixth Legislature, First Regular Session.
Definitions (Effective April 1, 2023)
6. Eliminates the definitions for Board, licensee and license.
7. Defines registrant as a person who is registered by the funeral services regulating authority of
Arizona to act as funeral director, embalmer or intern or to operate a funeral establishment or
crematory in Arizona.
8. Redefines the following to mean persons registered, rather than licensed, according to statutes
governing funeral directors and embalmers:
a) cremationist;
b) crematory;
c) embalmer;
d) funeral director;
e) funeral establishment;
f) intern;
g) responsible cremationist; and
h) responsible funeral director.
9. Modifies the definition of registration to mean a requirement to give notice to the government,
which may include the individual's name and address, the individual's agent for service of
process, the location of the activity to be performed and a description of the service the
individual provides, rather than a written authorization by the Board.
Miscellaneous
10. Makes technical and conforming changes.
13. Becomes effective on the general effective date, with retroactive and delayed provisions as
noted.