Mississippi Legislature
2005 Regular Session

House Bill 1198

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Bill Text

History of Actions

Amendments

Background

Title

Description: Funeral Service Board; extend repealer and amend various provisions of licensure law.

Bill Text: [Introduced] [Committee Substitute] [Passed House] [Sent to Governor]

History of Actions:

1 01/17 (H) Referred To Public Health and Human Services
2 02/01 (H) Title Suff Do Pass Comm Sub
3 02/10 (H) Committee Substitute Adopted
4 02/10 (H) Passed
5 02/14 (H) Transmitted To Senate
6 02/16 (S) Referred To Public Health and Welfare
7 02/23 (S) Title Suff Do Pass As Amended
8 03/04 (S) Amended
9 03/04 (S) Passed As Amended
10 03/09 (S) Returned For Concurrence
11 03/16 (H) Decline to Concur/Invite Conf
12 03/17 (H) Conferees Named Holland,Banks,Espy
13 03/21 (S) Conferees Named Nunnelee,Mettetal,Thomas
14 03/26 (H) Conference Report Filed
15 03/26 (S) Conference Report Filed
16 03/28 (H) Conference Report Adopted
17 03/29 (S) Conference Report Adopted
18 04/03 (S) Enrolled Bill Signed
19 04/03 (H) Enrolled Bill Signed
20 04/20 Approved by Governor

Amendments/Conference Report:

Adopted [S] Committee Amendment No 1
Adopted [S] Amendment No 1 to Committee Amendment No 1
   
[S] Amendment Report for House Bill No. 1198

Conference Report

Background Information:

Effective dateJuly 1, 2005
DispositionLaw
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
Vote type requiredThree/Fifths
Chapter number542

House Committee:

Senate Committee:

Principal Author: Holland

Code Sections: A 073-0011-0033, RA 073-0011-0041, R 073-0011-0043, R 073-0011-0045, R 073-0011-0047, RA 073-0011-0049, RA 073-0011-0051, RA 073-0011-0053, RA 073-0011-0055, RA 073-0011-0056, RA 073-0011-0057, RA 073-0011-0059, R 073-0011-0061, RA 073-0011-0063, R 073-0011-0065, RA 073-0011-0067, RA 073-0011-0069

Title: AN ACT TO AMEND SECTION 73-11-33, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE PROVISIONS OF LAW THAT CREATE THE STATE BOARD OF FUNERAL SERVICE AND PRESCRIBE ITS DUTIES AND POWERS; TO REENACT SECTIONS 73-11-41 THROUGH 73-11-69, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF FUNERAL SERVICE AND PRESCRIBE ITS DUTIES AND POWERS; TO AMEND REENACTED SECTION 73-11-41, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS; TO AMEND REENACTED SECTION 73-11-49, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LANGUAGE THAT PROHIBITS THE BOARD FROM ADOPTING RULES OR REGULATIONS PERTAINING TO THE TRANSPORTATION OF DEAD BODIES; TO AMEND REENACTED SECTION 73-11-51, MISSISSIPPI CODE OF 1972, TO SPECIFY THE EXAMINATION THAT AN APPLICANT MUST PASS TO BE LICENSED FOR THE PRACTICE OF FUNERAL SERVICE; TO PROVIDE THAT THE BOARD MAY ISSUE LICENSES BY RECIPROCITY TO PERSONS HOLDING A NONRECIPROCAL LICENSE IN ANOTHER STATE HAVING REQUIREMENTS GREATER THAN OR EQUAL TO THOSE OF THIS STATE; TO AUTHORIZE THE BOARD TO ENTER INTO WRITTEN AGREEMENTS WITH OTHER STATES DETAILING THE MANNER AND EXTENT TO WHICH PERSONS LICENSED BY THE STATE OF MISSISSIPPI MAY PRACTICE FUNERAL SERVICE OR DIRECTING IN THOSE STATES; TO AMEND REENACTED SECTION 73-11-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RESIDENT TRAINEES MUST SERVE THEIR APPRENTICESHIP IN A FUNERAL ESTABLISHMENT LICENSED BY THE STATE OF MISSISSIPPI AND THEIR PRECEPTOR MUST BE A MISSISSIPPI LICENSEE WHO IS EMPLOYED BY A MISSISSIPPI LICENSED FUNERAL ESTABLISHMENT; TO AMEND REENACTED SECTION 73-11-55, MISSISSIPPI CODE OF 1972, TO REQUIRE FUNERAL ESTABLISHMENTS TO RESOLVE VIOLATIONS FOUND DURING INSPECTIONS AND BE IN FULL COMPLIANCE WITH STATE LAW AND REGULATIONS WITHIN THIRTY DAYS AFTER FILING OF THE INSPECTION REPORT; TO DELETE THE REQUIREMENT FOR INSPECTION AND INTERVIEW BEFORE A CHANGE OF LOCATION, CHANGE OF OWNERSHIP, OR REINSTATEMENT OF AN ESTABLISHMENT IS AUTHORIZED; TO DELETE THE PROHIBITION ON OPERATORS OF A FUNERAL ESTABLISHMENT FROM ALLOWING PERSONS LICENSED FOR THE PRACTICE OF FUNERAL SERVICE OR FUNERAL DIRECTING TO OPERATE OUT OF THE FUNERAL ESTABLISHMENT UNLESS THE LICENSEE IS THE OPERATOR OF OR AN EMPLOYEE OF THE OPERATOR OF A FUNERAL ESTABLISHMENT THAT HAS BEEN ISSUED A LICENSE BY THE BOARD; TO AMEND REENACTED SECTION 73-11-56, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN FEES THAT THE BOARD MAY CHARGE; TO AMEND REENACTED SECTION 73-11-57, MISSISSIPPI CODE OF 1972, TO DELETE AS A GROUND FOR DISCIPLINARY ACTION THE FAILURE TO COMPLY WITH AN ORDER OF THE BOARD WITHIN THIRTY DAYS; TO PROVIDE THAT MAKING A FALSE STATEMENT ON A DEATH CERTIFICATE MUST BE DONE KNOWINGLY IN ORDER TO BE GROUNDS FOR DISCIPLINARY ACTION; TO PROVIDE THAT APPEALS OF DISCIPLINARY ACTIONS OF THE BOARD SHALL BE MADE TO THE CIRCUIT COURT OF THE COUNTY AND JUDICIAL DISTRICT OF RESIDENCE OF THE APPELLANT; TO PROVIDE THAT THE AMOUNT OF THE MONETARY PENALTIES THAT THE BOARD MAY IMPOSE SHALL BE A STATED AMOUNT RATHER THAN HAVING A MINIMUM AND MAXIMUM AMOUNT; TO PROVIDE THAT MONETARY PENALTIES COLLECTED BY THE BOARD SHALL BE DEPOSITED IN THE STATE TREASURY TO THE CREDIT OF THE STATE BOARD OF FUNERAL SERVICE INSTEAD OF THE STATE GENERAL FUND; TO CREATE NEW SECTION 73-11-58, MISSISSIPPI CODE OF 1972, TO SPECIFY A LIST OF PERSONS THAT MAY AUTHORIZE THE TYPE, METHOD, PLACE, CREMATION AND/OR OTHER DISPOSITION OF A DECEDENT'S BODY IF THE DECEDENT HAS LEFT NO WRITTEN AUTHORIZATION FOR THE CREMATION AND/OR DISPOSITION OF HIS BODY; TO AMEND REENACTED SECTION 73-11-59, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE AMOUNT OF THE CRIMINAL PENALTIES FOR VIOLATIONS OF THE FUNERAL SERVICE LICENSURE LAW SHALL BE A STATED AMOUNT RATHER THAN HAVING A MINIMUM AND MAXIMUM AMOUNT; TO AMEND REENACTED SECTION 73-11-63, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION ON THE BOARD REGULATION OF CEMETERY CREMATORIES; TO AMEND REENACTED SECTION 73-11-67, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT RETAIL SELLERS OF CASKETS ARE NOT SUBJECT TO REGULATION OR SUPERVISION BY THE BOARD; TO AMEND REENACTED SECTION 73-11-69, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL INSPECT EACH LICENSED CREMATORY FACILITY DURING EACH LICENSURE PERIOD; TO AUTHORIZE CREMATORIES AND FUNERAL ESTABLISHMENTS TO DISPOSE OF ANY REMAINS UNCLAIMED BY THE FAMILY AFTER TWELVE MONTHS AFTER CREMATION UPON NOTIFICATION TO THE NEXT OF KIN; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 04/21/05 at 11:36.

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