The bill SB131, titled the Alabama Preneed Funeral and Cemetery Act of 2023, introduces comprehensive changes to the regulation of funeral and cemetery services in Alabama. It renames the Alabama Board of Funeral Service to the Alabama Board of Funeral Services and transfers the regulation of preneed contracts from the Commissioner and Department of Insurance to this board. The bill defines a host of terms related to funeral and cemetery services, such as "alternative container," "alkaline hydrolysis," "preneed contract," and "final disposition," while deleting definitions like "gross immorality" and "final disposition of human remains." It also outlines the composition, qualifications, and appointment process for board members, and establishes the Alabama Board of Funeral Services Fund, replacing the Alabama State Funeral Service Fund.

The bill also amends the requirements for preneed contracts, including the process for obtaining a certificate of authority, the qualifications for preneed sales agents, and the management of trust funds associated with preneed contracts. It specifies criminal penalties for mismanagement of trust funds and outlines the process for the examination of preneed contract writers. The bill includes provisions for the transition of funds from the Department of Insurance to the board and sets forth the board's authority to adopt and enforce rules for the protection of public health, safety, and welfare. Additionally, it addresses the management of the Cemetery Merchandise and Services Trust Fund, the operation of endowment care cemeteries, and the rules and regulations for cemeteries. The bill is set to become effective on October 1, 2023.

Statutes affected:
Introduced: 34-13-1, 34-13-20, 34-13-21, 34-13-22, 34-13-23, 34-13-27
Engrossed: 34-13-1, 34-13-20, 34-13-21, 34-13-22, 34-13-23, 34-13-27
Enrolled: 34-13-1, 34-13-20, 34-13-21, 34-13-22, 34-13-23, 34-13-27