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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without
ornamentation or a fixed interior lining, which is designed for the encasement of human remains
and which is made of cardboard, pressed-wood, composition materials (with or without an outside
covering), or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting
occurring either at need or preneed between the seller and the purchaser during which funeral
or cemetery merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge
to the purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time
of death, or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized
to control the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed
chamber, which is usually constructed of reinforced concrete,...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26
shall be provided by the board to any licensee for whom the board is considering the probation,...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall
have the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school
or college approved by the Alabama Board of Funeral Service and which maintains a course of
instruction of not less than 48 calendar weeks or four academic quarters or college terms
and which gives a course of instruction in the fundamental subjects including, but not limited
to, the following: a. Mortuary management and administration. b. Legal medicine and toxicology
as it pertains to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary
science, to include embalming technique, in all its aspects; chemistry of embalming, color
harmony; discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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8-30-1
Section 8-30-1 Definitions. The following terms shall have the following meanings: (1)
BURIAL MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection
with the interment, entombment, or inurnment of human remains. This includes, but is not limited
to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise,
bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed,
and vaults, and also includes foundations or footings of any type. (2) BURIAL RIGHT. The right
to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment
of human remains. (3) BURIAL SERVICE. Any service offered by a cemetery in connection with
the interment, entombment, or inurnment of human remains as described in subdivision (1) of
this section. (4) CEMETERY. Any land or structure in this state dedicated to and used,
or intended to be used, for interment of human remains. It may be either a...
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27-15-52
Section 27-15-52 Definitions. The following terms shall have the following meanings:
(1) COMMERCIALLY REASONABLE EFFORT. The plans, processes, or procedures necessary to confirm
the death of the insured, contract owner or annuitant, or retained asset account holder against
other available records and information and, as applicable, to locate the beneficiary or beneficiaries
or other person entitled to payment pursuant to the terms of the policy or contract which
have been developed by each insurer and submitted to and approved by the department. (2) CONTRACT.
An annuity contract. The term contract shall not include an annuity used to fund an employment-based
retirement plan or program where the insurer is not committed by terms of the annuity contract
to pay death benefits to the beneficiaries of specific plan participants. (3) DEATH MASTER
FILE. The United States Social Security Administration's Death Master File or any other database
or service that is at least as comprehensive as...
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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle
decals; determination of gross receipts; construction with other provisions. (a) Every taxpayer
required to purchase a business license under this chapter shall: (1) Purchase a business
license for each location at which it does business in the municipality, except as otherwise
provided by the municipality. (2) Except as provided in Section 11-51-193, with respect
to taxpayers subject to state licensing board oversight, be classified into one or more of
the following 2002 North American Industrial Classification System ("NAICS") sectors
and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR
NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR
LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross
Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...
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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without
first having a valid certificate of authority. (b)(1) No person may receive any funds for
payment on a preneed contract who does not hold a valid certificate of authority. (2) Any
preneed transaction in which a buyer pays to the seller before need, in whole or in part,
a purchase price for funeral or cemetery merchandise and services, and in which the seller
is not obligated to deliver the contracted for merchandise or to perform the services until
need, in whole or in part, shall be evidenced by a written preneed contract satisfying the
requirements of this chapter and signed by the seller and the purchaser. No person may receive
or accept any form of consideration in such a transaction without a fully signed written preneed
contract. A transaction not evidenced by a signed written preneed contract shall be voidable
at the election of the buyer and, if such election is made, the seller shall...
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27-17A-31
Section 27-17A-31 Deposits into trust; trustee responsibilities; interests in funds.
(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral
services or funeral merchandise to be funded by trust shall deposit in trust an amount at
least equal to the sum of 75 percent of the amount collected on the purchase price for all
funeral services and funeral merchandise sold, transportation, and facilities rented other
than outer burial containers, 60 percent of the amount collected on the purchase price for
outer burial containers, 110 percent of the wholesale cost of memorials from the amount collected
on the purchase price of memorials, and 100 percent of the amount collected on the purchase
price for all cash advance items sold. (b) All deposits shall be made within 30 days after
the end of the calendar month in which the preneed contract is paid in full, unless, prior
to that time, all liabilities of the seller under the preneed contract to deliver the...
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27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid
by the purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
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27-14-3
Section 27-14-3 Insurable interest - Personal insurance; preneed contracts. (a) Insurable
interest with reference to personal insurance is an interest based upon a reasonable expectation
of pecuniary advantage through the continued life, health, or bodily safety of another person
and consequent loss by reason of his or her death or disability or a substantial interest
engendered by love and affection in the case of individuals closely related by blood or by
law. (b) An individual has an unlimited insurable interest in his or her own life, health,
and bodily safety and may lawfully take out a policy of insurance on his or her own life,
health, or bodily safety and have the same made payable to whomsoever he or she pleases, regardless
of whether the beneficiary so designated has an insurable interest. (c) A corporation, foreign
or domestic, has an insurable interest in the life or physical or mental ability of any of
its directors, officers, or employees, or the directors, officers, or...
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