SB205 By Senators Figures, Coleman-Madison, Beasley and Chambliss RFD Governmental Affairs Rd 1 18-FEB-20

SYNOPSIS: Under existing law, the Alabama Board of Funeral Service is responsible for the licensing and regulation of funeral establishments, funeral directors, and embalmers in the state.

This bill would provide flexibility regarding receipts and expenses of the board.

This bill would also authorize the board to acquire, hold, and convey real property in its own name and provide for the creation, funding, and purpose of the Funeral Board Property Acquisition Fund.

A BILL TO BE ENTITLED AN ACT

To amend Sections 34-13-23 and 34-13-27, Code of Alabama 1975, relating to the Alabama Board of Funeral Service; to provide flexibility regarding receipts and expenses of the board; to authorize the board to acquire, hold, and convey real property in its own name; and to provide for the creation, funding, and purpose of the Funeral Board Property Acquisition Fund.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-13-23 and 34-13-27 of the Code of Alabama 1975, are amended to read as follows:

§34-13-23.

"(a)(1) The board appointed under this chapter and each successor thereto is authorized to select from its own membership a chair and to adopt and promulgate such rules and regulations for the transaction of its business and for the betterment and promotion of the standards of service and practice to be followed in the funeral service profession in the State of Alabama as the board may deem expedient and consistent with the laws of this state and for the public good.

"(2) The chair shall preside at all meetings of the board unless otherwise ordered, and he or she shall exercise and perform all duties and functions incident to the office of chair.

"(3) The board may select also from its own membership a vice chair, a secretary, and a treasurer. No two offices shall be held by the same person.

"(b) The treasurer shall give bond to the State of Alabama in the sum of ten thousand dollars ($10,000), and any premium payable for the bond shall be paid from the funds of the board. The bond shall be deposited with the Treasurer of the State of Alabama.

"(c) Board members shall be reimbursed for their necessary traveling travel expenses and the necessary expenses incident to their attendance upon the business of the board, and, in addition thereto, they shall receive the sum of fifty dollars ($50) per diem for every day not to exceed 20 days per year actually spent by the member upon the business of the board. The board may employ an executive director and associate executive director who shall each receive and be paid an annual salary to be fixed by the board, but not to exceed the salary level established and paid to cabinet officers in the state government. The salary shall be paid on a semimonthly basis. In addition, the executive director and associate executive director shall receive his or her necessary traveling travel and other incidental expenses as are incurred in the performance of duties, and all expenses, per diem, and compensation shall be paid out of the receipts of the board. At no time shall the operation of the board be an expense to the state, and at no time shall expenses of the board exceed the receipts of the board.

"(d) The executive director of the board shall have complete supervision and be held responsible for the direction of the office of the board, shall have supervision over field inspection and enforcement of this chapter, and shall be responsible and answerable to the board. The associate executive director shall assist the executive director and perform such other duties as may be assigned to him or her by the board.

"(e) The executive director shall keep a record in which shall be registered the name and business address of every person to whom licenses have been granted in accordance with this chapter, the number and date of the license, and the date of each renewal. Upon request to do so, the executive director shall supply each person licensed for the practice of embalming and funeral directing with a list of all persons and establishments holding a license under this chapter, then in force, giving the names of the persons, their business addresses, and the numbers of their licenses.

"(f) It shall be the duty of the executive director to prepare under the direction of the board and cause to be printed all forms required by this chapter to be prescribed by the board. All notices required to be mailed by this chapter shall be directed to the last known post office address of the party to whom the notice is sent.

"(g) The executive director shall serve at the pleasure of the board and shall perform duties as may be necessary for the proper functioning of the board as the board may determine or as may be prescribed in this chapter. During the employment of the executive director, he or she may not be employed by any funeral establishment.

"(h) All fees and fines received under this chapter shall be paid into a special fund in the State Treasury to be known as the Alabama State Funeral Directors and Embalmers Fund, which is hereby created, for the necessary and proper expenses of the board, and for a reasonable reserve for future use by the board. All moneys in the fund are hereby appropriated, as a continuing appropriation, to the board to be used for carrying out this chapter.

"(i) Each member of the board, the executive director, the associate executive director, designated employees, and independent contractors of the board appropriately identified are authorized at any given time, on complaint or for inspection purposes, to enter the office, premises, establishment, or place of business of any funeral service licensee in the State of Alabama or any office, premises, establishment, or place where the practice of funeral service is carried on, or where the practice is advertised as being carried on, for the purpose of inspecting the office, premises, records, or establishment and for the purpose of inspecting the license and registration of any funeral service licensee and or apprentice trainee operating therein.

"(j) All members of the board or designated employees of the board may serve and execute any process issued by any court under this chapter and to serve and execute any papers or process issued by the board or any officer or member thereof of the board under this chapter.

"(k) The board may employ clerical assistants and employees or other help as necessary to carry out this chapter, and the terms and conditions of employment shall be determined by the board. The board may establish and equip an office from which this chapter may be carried out.

§34-13-27.

"(a) The board shall adopt a common seal, which may be altered as often as the board may desire, and may adopt and enforce, for the protection of the public health, safety, and welfare, reasonable rules and regulations relating to all of the following:

"(1) The practice of the profession of embalming, including, but not limited to, solicitation of business;.

"(2) The practice of the profession of funeral directing, including, but not limited to, solicitation of business;.

"(3) The sanitary condition and physical facilities of funeral homes, mortuaries, and funeral establishments where the profession of embalming and funeral directing is carried on, with particular regard to plumbing, sewage, disinfecting, ventilation, and equipment;.

"(4) Carrying out generally the various provisions of this chapter for the protection of the peace, health, safety, and welfare of the public; and.

"(5) Carrying out a program for training of apprentice embalmers and apprentice funeral directors.

"(b)(1) The board may acquire and hold, in its own name, real property by purchase, gift, lease, lease with the option to purchase, or other lawful means, except eminent domain, which real property may be used by the board to carry out its responsibilities. The board may also transfer, sell, convey, or cause to be conveyed real property and any improvements thereon, subject to the requirements of this section. In purchasing any real property, maintaining real property, or making improvements thereto, the board may expend any funds contained in the Funeral Board Property Acquisition Fund established by subdivision (2), and any obligations created in connection with the purchase or improvement of the real property shall not create debts, obligations, or liabilities of the state. As used in this subsection, real property shall include land, lots, and all things and interests, including leasehold interests, pertaining thereto, and all other things annexed or attached to the land which would pass to a vendee by conveyance of the land or lot, including mineral, gas, and oil interests. All sales or leases made by the board of any real property owned or held by the board shall be subject to the requirements of Article 3, commencing with Section 9-15-70, Chapter 15, Title 9. Notwithstanding the foregoing, the proceeds from the sale of real property owned by the board which are distributed pursuant to Section 9-15-83, shall be paid to the board and deposited into the property acquisition fund.

"(2) The board shall establish the Funeral Board Property Acquisition Fund within the State Treasury. Any funds received by the board pursuant to this section shall be deposited into the property acquisition fund and shall be held by the board in trust for carrying out the purposes of the property acquisition fund. Not later than October 1, 2020, the executive director shall transfer from the Alabama State Funeral Directors and Embalmers Fund to the property acquisition fund an amount determined by vote of the board for the purchase of real property. Thereafter, the board shall annually, during the month of October, transfer an amount between three percent and seven percent of the boards receipts from the previous fiscal year to the property acquisition fund.

"(3) At the end of each fiscal year, any unencumbered and unexpended balance in the property acquisition fund shall not revert to the State General Fund, but shall carry over to the next fiscal year."

Section 2. This act shall become effective August 1, 2020, following its passage and approval by the Governor, or its otherwise becoming law.

Boards and Commissions

Professional Licensing Boards

Funeral Service, Board of

Code Amended