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2017 Regular Session
SENATE BILL NO. 193
BY SENATOR CORTEZ
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMBALMERS/FUNERAL DIRECT. Provides relative to certificate renewals by the
Louisiana State Board of Embalmers and Funeral Directors. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 37:844 and to enact R.S. 37:874(C) and (D), relative to
3 embalming and funeral directing; to provide for certificate renewals; to provide for
4 notice; to provide for a time frame for compliance; to provide for refunds of certain
5 reinstatement fees; to provide for an effective date; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 37:844 is hereby amended and reenacted and R.S. 37:874(C) and (D)
9 are hereby enacted to read as follows:
10 §844. Renewals
11 A. Every certificate holder under this Chapter who wishes to continue
12 continues the practice of the science of embalming, or the practice of funeral
13 directing, or continues to operate a funeral establishment in this state shall
14 renew its license by paying pay to the secretary of the board on or before December
15 31 of each year the renewal fee provided in set forth by rule in accordance with
16 R.S. 37:845. Any certificate holder whose renewal fee is not received by the
17 board by December thirty-first shall be deemed delinquent. A notice of
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 193
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1 delinquency shall be sent via certified mail to the certificate holder by the
2 board. The notice shall state that the deadline for payment has lapsed and that
3 if the certificate holder intends to renew, payment of the renewal fee shall be
4 submitted to the board within five business days of receipt of the notice. No
5 penalties, reinstatement fees, or late fees shall be assessed and no reinspection
6 shall be required if the certificate holder submits payment of the renewal fee
7 within five business days of receipt of the notice. If the board does not receive
8 the renewal fee within the five days provided for by this Subsection, such
9 certificate holder shall be subject to any penalty, reinstatement fees, or late fees
10 authorized by law.
11 B. Renewal fees sent through the mail shall be deemed timely received
12 if mailed on or before the due date. If the renewal fee is received by the board
13 after the due date, the timeliness of the mailing shall be shown by an official
14 United States postmark or by official receipt or certificate from the United
15 States Postal Service or a commercial mail service, made at the time of mailing
16 that indicates the date thereof.
17 C. Any certificate holder whose renewal fee for 2017 was received by the
18 board by February 1, 2017, and who paid a reinstatement of certificate fee or
19 any penalty for late payment shall be issued a refund by the board for all
20 amounts paid in excess of the annual renewal fee. This refund shall be issued no
21 later than September 1, 2017.
22 Certificates not renewed by December 31 of any year shall be considered
23 automatically revoked.
24 * * *
25 §874. Annual renewal of licenses
26 * * *
27 C. Any crematory retort operator or any crematory authority whose
28 renewal application, renewal fee, and, if applicable, annual report is not
29 received by the board by May fifteenth of each year shall be deemed delinquent.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 193
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1 A notice of delinquency shall be sent via certified mail to the crematory retort
2 operator or crematory authority by the board. The notice shall state that the
3 deadline for renewal has lapsed and that if the crematory retort operator or
4 crematory authority intends to renew, the renewal fee, the renewal application,
5 and, if applicable, annual report shall be submitted to the board within five
6 business days of receipt of the notice. No penalties, reinstatement fees, or late
7 fees shall be assessed and no reinspection shall be required if the crematory
8 retort operator or crematory authority submits the renewal fee, the renewal
9 application, and, if applicable, the annual report within five business days of
10 receipt of the notice. If the board does not receive the renewal fee, the renewal
11 application, and, if applicable, annual report within the five days provided for
12 by this Subsection, such crematory retort operator or crematory authority shall
13 be subject to any penalty, reinstatement fees, or late fees authorized by law.
14 D. A renewal fee, application, or annual report sent through the mail
15 shall be deemed timely received if mailed on or before the due date. If received
16 by the board after the due date, the timeliness of the mailing shall be shown by
17 an official United States postmark or by official receipt or certificate from the
18 United States Postal Service or a commercial mail service, made at the time of
19 mailing that indicates the date thereof.
20 Section 2. This Act shall become effective upon signature by the governor or, if not
21 signed by the governor, upon expiration of the time for bills to become law without signature
22 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
23 vetoed by the governor and subsequently approved by the legislature, this Act shall become
24 effective on the day following such approval.
The original instrument was prepared by Christine Arbo Peck. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle D. Ridge.
DIGEST
SB 193 Engrossed 2017 Regular Session Cortez
Present law provides that certificate holders shall renew their certificate by December 31 of
each year and such certificate shall be considered automatically revoked for failure to pay.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 193
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Proposed law repeals the provision for automatic revocation of certificate for failure to pay
and establishes a process requiring the board to issue notice of failure to pay by certified
mail, provide the opportunity for the certificate holder to pay within five days of receipt of
the certified mail, and issue a refund to any certificate holders who were assessed a
reinstatement fee in January 2017, to include the reinstatement fee less the annual renewal
fee. The refund must be issued by September 1, 2017.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:844; adds R.S. 37:847(C) and (D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Makes technical changes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.