Under existing law, the Alabama Board of Funeral Service licenses and regulates funeral establishments, funeral directors, and embalmers. This bill would provide further for definitions and the membership of the board. This bill would also establish the Alabama Preneed Funeral and Cemetery Act of 2023 and would transfer the regulation of preneed contracts pursuant to the Preneed Funeral and Cemetery Act from the Commissioner and the Department of Insurance to the board. This bill would authorize the Department of Insurance to temporarily transfer certain funds to the Alabama Board of Funeral Service to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or HB212 HB212 INTRODUCED INTRODUCED provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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