1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 161 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to professions and occupations;
7 amending 59 O.S. 2021, Section 396, which relates to
8 the Oklahoma Funeral Board; extending sunset date;
8 providing an effective date; and declaring an
9 emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 59 O.S. 2021, Section 396, is
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14 amended to read as follows:
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15 Section 396. There is hereby re-created, to continue until July
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16 1, 2023 July 1, 2024, in accordance with the provisions of the
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17 Oklahoma Sunset Law, the Oklahoma Funeral Board. Any reference in
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18 the statutes to the Oklahoma State Board of Embalmers and Funeral
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19 Directors shall be a reference to the Oklahoma Funeral Board. The
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20 Board shall consist of seven (7) persons, who shall be appointed by
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21 the Governor. The term of membership of each member of the Board
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22 shall be five (5) years from the expiration of the term of the
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23 member succeeded. Any member having served as a member of the Board
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24 shall be eligible for reappointment. Provided that, a member of the
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Req. No. 1057 Page 1
1 Board shall serve no more than two consecutive terms and any
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2 unexpired term that a member is appointed to shall not apply to this
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3 limit. The Governor shall appoint the necessary members to the
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4 Board upon vacancies and immediately prior to the expiration of the
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5 various terms. Upon request of the Governor, appointments of a
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6 licensed embalmer and funeral director member of the Board shall be
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7 made from a list of five qualified persons submitted by the Oklahoma
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8 Funeral Directors Association. An appointment to fill a vacancy
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9 shall be for the unexpired term. A member of the Board shall serve
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10 until a successor is appointed and qualified. No person shall be a
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11 member of the Board, unless, at the time of appointment, the person
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12 is of good moral character and a resident of this state. Five of
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13 the members shall have been actively engaged in the practice of
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14 embalming and funeral directing in this state for not less than
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15 seven (7) consecutive years immediately prior to the appointment of
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16 the person, shall have an active license as provided by the Funeral
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17 Services Licensing Act, shall keep the license effective, and remain
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18 a resident of this state during the entire time the person serves on
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19 the Board. Two of the members of the Board shall be chosen from the
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20 general public, one of whom shall, if possible, be a person licensed
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21 and actively engaged in the health care field, and shall not be
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22 licensed funeral directors or embalmers or have any interest,
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23 directly or indirectly, in any funeral establishment or any business
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Req. No. 1057 Page 2
1 dealing in funeral services, supplies or equipment. These two
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2 members shall be appointed to serve for five-year terms.
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3 SECTION 2. This act shall become effective July 1, 2023.
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4 SECTION 3. It being immediately necessary for the preservation
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5 of the public peace, health or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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9 59-1-1057 MR 1/4/2023 5:47:42 PM
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