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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 161 By: Daniels of the Senate
and
Kendrix of the House
An Act relating to professions and occupatio ns;
amending 59 O.S. 2021, Section 396, w hich relates to
the Oklahoma Funeral Board; extending sunset date;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 396, is
amended to read as follows:
Section 396. There is hereby re-created, to continue until July
1, 2023 July 1, 2024, in accordance with the prov isions of the
Oklahoma Sunset Law, the Oklahoma Funeral Board. Any reference in
the statutes to the Oklahoma State Board of Embalmers and Funeral
Directors shall be a ref erence to the Oklahoma Funeral Board. The
Board shall consist of seven (7) persons, who shall be appointed by
the Governor. The term of membership of each member of t he Board
shall be five (5) years from the expiration of the term of the
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member succeeded. Any member having served as a member of the Board
shall be eligible for reappointm ent. Provided that, a member of the
Board shall serve no more than two consecutive terms and any
unexpired term that a member is appointed to shall not apply to this
limit. The Governor shall appoint the necessary members to the
Board upon vacancies and immediately prior to the expiration of the
various terms. Upon request of the Gove rnor, appointments of a
licensed embalmer and funeral director member of the Board shall be
made from a list of five qualified persons submitted by the Oklahoma
Funeral Directors Association. An appointment to fill a vacancy
shall be for the unexpired ter m. A member of the Board shall serve
until a successor is appointed and qualified. No person shall be a
member of the Board, unless, at the time of appointment, the person
is of good moral character and a resident of this state. Five of
the members shall have been actively engaged in the practice of
embalming and funeral directing in this state for not less than
seven (7) consecutive years immediately prior to the appointm ent of
the person, shall have an active license as provided by the Funeral
Services Licensing Act, shall keep the license effective, and remain
a resident of this state du ring the entire time the person serves on
the Board. Two of the members of the Board shall be chosen from the
general public, one of whom shall, if possible, be a pers on licensed
and actively engaged in the health care field, and shall not be
licensed funeral directors or embalmers or have any interest,
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directly or indirectly, in any fune ral establishment or any business
dealing in funeral services, supplies or equipmen t. These two
members shall be appointed to serve for five -year terms.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
04/05/2023 - DO PASS.