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Regular Session, 2014
SENATE BILL NO. 378
BY SENATOR CLAITOR
COMMERCIAL REGULATIONS. Provides relative to the sale, purchase, and use of
caskets sold to the public by vendors other than funeral directors or funeral establishments.
(gov sig)
AN ACT1
To amend and reenact R.S. 37:831(42), (43), (44), (45), and (46) and to enact R.S. 37:853.1,2
relative to professions and occupations; to provide relative to funerals and regulation3
thereof; to provide relative to funeral directors, establishments, goods, services and4
merchandise; to provide certain definitions, terms, and conditions; to authorize and5
provide relative to the sales of caskets by vendors other than funeral directors or6
funeral establishments; to provide relative to the use of such caskets; and to provide7
for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:831(42), (43), (44), (45), and (46) are hereby amended and10
reenacted and R.S. 37:853.1 is hereby enacted to read as follows:11
§831. Definitions12
For purposes of this Chapter and implementation thereof, the following terms13
shall have the meaning as defined herein, unless the context clearly indicates14
otherwise:15
* * *16
(42) "Funeral directing" means the operation of a funeral home, or, by way17 SB NO. 378
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of illustration and not limitation, any service whatsoever connected with the1
management of funerals, or the supervision of hearses or funeral cars, the purchase2
for resell at a funeral establishment of caskets or other funeral merchandise, and3
retail sale and display thereof, the cleaning or dressing of dead human bodies for4
burial, and the performance or supervision of any service or act connected with the5
management of funerals from time of death until the body or bodies are delivered to6
the cemetery, crematory, or other agent for the purpose of disposition. It shall not7
include the sale of caskets to the public by a vendor who performs no duties of8
funeral directing or operating a funeral establishment.9
(43) "Funeral director" means a person to whom a valid license has been10
issued by the board to perform the duties of funeral directing. It shall not include11
a person acting solely as a vendor of caskets to the public.12
(44) "Funeral establishment" means any place or premises duly licensed by13
the board and devoted to or used in the care and preparation for burial of the body14
of a deceased person or maintained or held out to the public by advertising or15
otherwise as the office or place for the practice of funeral directing. It shall not16
include the place or premises of a person acting solely as a vendor of caskets to17
the public.18
(45) "Funeral goods and services" means any one or more of the following19
goods or services:20
(a) Goods which are sold or offered for sale directly to the public at a21
funeral establishment for use in connection with funeral services.22
(b) Any services which may be used to care for or prepare deceased human23
remains for burial, cremation, or other final disposition.24
(c) The arranging, supervising, or conducting of the funeral ceremony or the25
final disposition of deceased human bodies.26
(d) Funeral merchandise.27
(46) "Funeral merchandise" means goods sold at a funeral establishment28
consisting of caskets, rental caskets, rental casket inserts, alternative containers,29 SB NO. 378
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combo/shipping caskets, and other receptacles, excluding urns, where human1
remains are directly placed for disposition. It shall not include caskets sold or2
offered for sale to the public by a vendor who performs no duties of funeral3
directing or operating a funeral establishment.4
* * *5
§853.1. Caskets from vendors other than funeral directors or funeral6
establishments7
Nothing in this Chapter shall prohibit the sale, purchase or use of a8
casket from a vendor who is not a funeral director or funeral establishment. No9
funeral director or funeral establishment shall charge a casket handling fee or10
surcharge for the use of a casket purchased from such a vendor.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Claitor (SB 378)
Present law provides relative to funerals and funeral directors, establishments, goods,
services and merchandise. Provides for regulation by the Louisiana State Board of
Embalmers and Funeral Directors.
Present law defines "funeral directing" as means the operation of a funeral home, or, by way
of illustration and not limitation, any service whatsoever connected with the management
of funerals, or the supervision of hearses or funeral cars, the purchase of caskets or other
funeral merchandise, and retail sale and display thereof, the cleaning or dressing of dead
human bodies for burial, and the performance or supervision of any service or act connected
with the management of funerals from time of death until the body or bodies are delivered
to the cemetery, crematory, or other agent for the purpose of disposition.
Proposed law adds that "funeral directing" shall not include the sale of caskets to the public
by a vendor who performs no duties of funeral directing or operating a funeral establishment.
Present law defines "funeral director" as a person to whom a valid license has been issued
by the board to perform the duties of funeral directing. Proposed law adds that such
definition shall not include a person acting solely as a vendor of caskets to the public. SB NO. 378
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law defines "funeral establishment" as a place or premises duly licensed and devoted
to or used in the care and preparation for burial of the body of a deceased person or
maintained or held out to the public by advertising or otherwise as the office or place for the
practice of funeral directing. Proposed law adds that such definition shall not include the
place or premises of a person acting solely as a vendor of caskets to the public.
Present law defines "funeral goods and services" and "funeral merchandise". Proposed law
adds that such definition shall be for goods, services, and merchandise sold at a funeral
establishment, and shall not include caskets sold or offered for sale to the public by a vendor
who performs no duties of funeral directing or operating a funeral establishment.
Proposed law further provides that nothing in present law shall prohibit the sale, purchase
or use of a casket from a vendor who is not a funeral director or funeral establishment. No
funeral director or funeral establishment shall charge a casket handling fee or surcharge for
the use of a casket purchased from such a vendor.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:831(42), (43), (44), (45), and (46); adds R.S. 37:853.1)