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authorities and cemeteries, Secs. 34-13-300 to 34-13-317, inclusive, added; Secs. 27-17A-46, 27-17A-47, 27-17A-48 repealed; Secs. 34-13-20, 34-13-111 am'd.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.
Office of Occupational and Professional Licensing within the Department of Workforce; created as centralized entity for providing leadership, support, and oversight to certain boards.
Massage Therapy Licensing Board temporarily under Board of Nursing; authorize Executive Director of the Board of Nursing, or designee to perform certain functions; define and provide for emergency order; clarify status of practice with a temporary permit; provide for annual meeting; require a majority vote to discipline licensee; provide further for the qualifications for licensing and the contents of an application; outcall massage therapy services and inspections of massage therapy establishments; to authorize the board, by rule, to establish and collect reasonable fees; to provide further for investigations, discipline, and fingerprinting of licensees and applicants for licensing; and to provide further for massage therapy schools.
Contract Review Permanent Legislative Oversight Committee, review of personal or professional services contracts, limitation that funds be issued on a state warrant removed, occupational and professional licensing boards included as state entities