View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0033aa......................................................by MR. SPEAKER
Requested by: Bureau of Occupational Licenses
MORTICIANS - Amends existing law relating to morticians, funeral directors
and embalmers to strike a reference to oral examination; to increase
maximum fees; to strike a reference to the time in which licenses will be
issued; and to provide for annual renewal, cancellation and reinstatement
of licenses
01/08 House intro - 1st rdg - to printing
Rpt prt - to Bus
02/22 Rpt out - to Gen Ord
Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 60-3-7
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Marley, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Ridinger, Roberts, Schaefer, Sellman, Shepherd,
Smith, Smylie, Stevenson, Tilman, Wheeler, Young, Mr. Speaker
NAYS -- Barrett, McKague, Sali
Absent and excused -- Jones, Moss, Robison, Stone, Swan, Trail, Wood
Floor Sponsor -- Meyer
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Com/HuRes
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Andreason
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/23 Governor signed
Session Law Chapter 136
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 33 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS; AMENDING SECTION 3 54-1108, IDAHO CODE, TO STRIKE A REFERENCE TO ORAL EXAMINATION; AMENDING 4 SECTION 54-1115, IDAHO CODE, TO INCREASE MAXIMUM FEES, TO STRIKE A REFER- 5 ENCE TO TIME IN WHICH LICENSES WILL BE ISSUED AND TO MAKE A TECHNICAL COR- 6 RECTION; AMENDING CHAPTER 11, TITLE 54, IDAHO CODE, BY THE ADDITION OF A 7 NEW SECTION 54-1115A, IDAHO CODE, TO PROVIDE FOR ANNUAL RENEWAL, CANCELLA- 8 TION AND REINSTATEMENT OF LICENSES; AND AMENDING SECTION 54-1116, IDAHO 9 CODE, TO BROADEN DISCIPLINARY AUTHORITY OF THE BOARD OF MORTICIANS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 54-1108, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 54-1108. EXAMINATION OF APPLICANTS FOR LICENSE -- SUBJECTS -- CERTIFICA- 14 TION OF RESULTS. The board of morticians shall have the sole power for deter- 15 mining the nature, type and extent of examinations to be taken by applicants 16 for a mortician's license, but such examinations shall include generally the 17 following subjects: anatomy, chemistry, physiology, psychology, sanitary sci- 18 ence, the care, disinfection, preservation, transportation of and burial, or 19 other final disposition of dead human bodies, the law of the state of Idaho 20 and the rules of the state department of health and welfare relating to infec- 21 tious diseases and quarantine. The board shall grade, or cause to have graded 22 by licensed morticians, the examinations and shall determine whether the 23 applicant has passed or failed such examination. Examinations may be written 24 ororal, or both,as determinedinat the discretion of the board, and shall 25 be held at such times and at such places within the state of Idaho as deter- 26 mined by the board of morticians. National conference examinations, passed at 27 an accredited embalming college, may be accepted by the board. Upon the con- 28 clusion of grading any and all of the above examinations, the board of 29 morticians shall certify the results listing each applicant as having failed 30 or passed the examination, and such determination shall not be subject to 31 review. 32 SECTION 2. That Section 54-1115, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 54-1115. LICENSE FEES. There shall be paid with the filing of any appli- 35 cation for an original license, or the applications for any renewal of a 36 license, the following license fees: 37 A. Not more thanfiftyone hundred dollars ($50.100) for a mortician 38 license. 39 B. Not more thanfiftyone hundred dollars ($50.100) for a funeral direc- 40 tor license. 41 C. Not more thanseventy-fiveone hundred fifty dollars ($75.0150) for a 2 1 funeral establishment license. 2 D. Not more thanfiftyone hundred dollars ($50.100) for a resident 3 trainee license. 4 E. Not more thanfiftyone hundred dollars ($50.100) for a certificate of 5 authority. 6 F. Not more thanfiftyone hundred dollars ($50.100) application fee for 7 endorsement and/or examination. 8All licenses shall be issued on a calendar or fiscal year basis, as deter-9mined by the board, and tThere shall be no proration of fees for a part-year 10 license. All fees shall be paid to the bureau of occupational licenses. 11 SECTION 3. That Chapter 11, Title 54, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 54-1115A, Idaho Code, and to read as follows: 14 54-1115A. ANNUAL RENEWAL -- CANCELLATION -- REINSTATEMENT. All licenses 15 issued pursuant to this act shall expire on June 30 of each year; all licen- 16 sees shall renew their licenses on or before July 1 of each year. In the event 17 a licensee fails to renew a license as provided, the board shall immediately 18 cancel the license following the date of delinquency; provided however, that 19 the board may reinstate any license canceled for failure to renew the same on 20 payment of two hundred fifty dollars ($250), together with all fees delinquent 21 at the time of cancellation and the renewal fee for each year thereafter up to 22 the time of reinstatement. 23 Provided further, that where a license has been canceled for a period of 24 more than five (5) years, the person so affected shall be required to make 25 application to the board, using the same forms and furnishing the same infor- 26 mation as required of a person originally applying for a license, and pay the 27 same fee that is required of a person taking the examination in the particular 28 profession in which said person holds a canceled Idaho license. Said applicant 29 shall appear in person before the board at any regular or special meeting for 30 an examination, the nature of which shall be determined by the board. If after 31 an examination, the board is of the opinion that the person examined is the 32 bona fide holder of the canceled license, is of good moral character and, if 33 found capable of again practicing in this state the profession for which the 34 original or canceled license was granted, the license shall be reinstated and 35 the holder thereof entitled to practice subject to the laws of this state. 36 SECTION 4. That Section 54-1116, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 54-1116. DENIAL, SUSPENSION, OR REVOCATION OF LICENSES -- GROUNDS -- PRO- 39 BATION. The board may refuse to issue or may refuse to renew or may suspend or 40 may revoke or may impose any other discipline upon any license, or may place 41 the holder thereof on a term of probation, after proper hearing, upon finding 42 that the holder of such license committed any of the following acts or omis- 43 sions: 44 A. Conviction of a crime involving moral turpitude. 45 B. Conviction of a felony. 46 C. Unprofessional conduct, which is hereby defined to include: 47 (1) Misrepresentation or fraud in the conduct of mortician or funeral 48 director services; 49 (2) False or misleading advertising as the holder of a license for the 50 practice of mortician or funeral director services; advertising or using 51 the name of a person who is not an employee of the funeral establishment 3 1 in connection with that of any funeral establishment; 2 (3) Solicitation of dead human bodies by the licensee, his agents, assis- 3 tants or employees, whether such solicitation occurs before death or after 4 death; provided, that this shall not be deemed to prohibit general adver- 5 tising; 6 (4) Employment by the licensee of persons known as "cappers," or 7 "steerers," or "solicitors," or other such persons to solicit or obtain 8 agreements with the public for the performance of mortician services; 9 (5) Employment directly or indirectly, of any resident trainee, agent, 10 assistant, employee, or other person, on part or full time, or on commis- 11 sion, for the purpose of calling upon individuals or institutions by whose 12 influence dead human bodies may be turned over to a particular mortician, 13 funeral director or funeral establishment; 14 (6) The direct or indirect payment, or offer of payment, of a commission 15 by the licensee, his agents, assistants, or employees for the purpose of 16 securing business; 17 (7) Gross immorality; 18 (8) Aiding or abetting an unlicensed person to practice mortician or 19 funeral director services; 20 (9) Using profane, indecent or obscene language in the presence of a dead 21 human body, or within the immediate hearing of the family or relatives of 22 a deceased, whose body has not yet been interred or otherwise disposed of; 23 (10) Violation of any of the provisions of this act; 24 (11) Violation of any state law, or municipal or county ordinance, or reg- 25 ulation authorized under this act affecting the handling, custody, care, 26 processing or transportation of dead human bodies; 27 (12) Fraud or misrepresentation in obtaining or renewing a license; 28 (13) Refusing to promptly surrender the custody of a dead human body upon 29 the express order of the person lawfully entitled to the custody thereof; 30 (14) Solicitation or acceptance, directly or indirectly, of a request, 31 before need, for an agreement to provide mortician services or funeral 32 supplies at a price less than that offered by such person to others at 33 time of need; 34 (15) Violation of any statutes of any state having to do with prearrange- 35 ment or prefinancing of mortician services or funeral supplies.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Meyer
Seconded by Gagner
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 33
1 AMENDMENT TO THE BILL
2 On page 2 of the printed bill, delete lines 36 through 51; and on page 3,
3 delete lines 1 through 35.
4 CORRECTION TO TITLE
5 On page 1, in line 8, delete "; AND AMENDING SECTION 54-1116, IDAHO",
6 delete line 9 and insert: ".".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 33, As Amended BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO MORTICIANS, FUNERAL DIRECTORS AND EMBALMERS; AMENDING SECTION 3 54-1108, IDAHO CODE, TO STRIKE A REFERENCE TO ORAL EXAMINATION; AMENDING 4 SECTION 54-1115, IDAHO CODE, TO INCREASE MAXIMUM FEES, TO STRIKE A REFER- 5 ENCE TO TIME IN WHICH LICENSES WILL BE ISSUED AND TO MAKE A TECHNICAL COR- 6 RECTION; AMENDING CHAPTER 11, TITLE 54, IDAHO CODE, BY THE ADDITION OF A 7 NEW SECTION 54-1115A, IDAHO CODE, TO PROVIDE FOR ANNUAL RENEWAL, CANCELLA- 8 TION AND REINSTATEMENT OF LICENSES. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 54-1108, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-1108. EXAMINATION OF APPLICANTS FOR LICENSE -- SUBJECTS -- CERTIFICA- 13 TION OF RESULTS. The board of morticians shall have the sole power for deter- 14 mining the nature, type and extent of examinations to be taken by applicants 15 for a mortician's license, but such examinations shall include generally the 16 following subjects: anatomy, chemistry, physiology, psychology, sanitary sci- 17 ence, the care, disinfection, preservation, transportation of and burial, or 18 other final disposition of dead human bodies, the law of the state of Idaho 19 and the rules of the state department of health and welfare relating to infec- 20 tious diseases and quarantine. The board shall grade, or cause to have graded 21 by licensed morticians, the examinations and shall determine whether the 22 applicant has passed or failed such examination. Examinations may be written 23 ororal, or both,as determinedinat the discretion of the board, and shall 24 be held at such times and at such places within the state of Idaho as deter- 25 mined by the board of morticians. National conference examinations, passed at 26 an accredited embalming college, may be accepted by the board. Upon the con- 27 clusion of grading any and all of the above examinations, the board of 28 morticians shall certify the results listing each applicant as having failed 29 or passed the examination, and such determination shall not be subject to 30 review. 31 SECTION 2. That Section 54-1115, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 54-1115. LICENSE FEES. There shall be paid with the filing of any appli- 34 cation for an original license, or the applications for any renewal of a 35 license, the following license fees: 36 A. Not more thanfiftyone hundred dollars ($50.100) for a mortician 37 license. 38 B. Not more thanfiftyone hundred dollars ($50.100) for a funeral direc- 39 tor license. 40 C. Not more thanseventy-fiveone hundred fifty dollars ($75.0150) for a 41 funeral establishment license. 2 1 D. Not more thanfiftyone hundred dollars ($50.100) for a resident 2 trainee license. 3 E. Not more thanfiftyone hundred dollars ($50.100) for a certificate of 4 authority. 5 F. Not more thanfiftyone hundred dollars ($50.100) application fee for 6 endorsement and/or examination. 7All licenses shall be issued on a calendar or fiscal year basis, as deter-8mined by the board, and tThere shall be no proration of fees for a part-year 9 license. All fees shall be paid to the bureau of occupational licenses. 10 SECTION 3. That Chapter 11, Title 54, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 54-1115A, Idaho Code, and to read as follows: 13 54-1115A. ANNUAL RENEWAL -- CANCELLATION -- REINSTATEMENT. All licenses 14 issued pursuant to this act shall expire on June 30 of each year; all licen- 15 sees shall renew their licenses on or before July 1 of each year. In the event 16 a licensee fails to renew a license as provided, the board shall immediately 17 cancel the license following the date of delinquency; provided however, that 18 the board may reinstate any license canceled for failure to renew the same on 19 payment of two hundred fifty dollars ($250), together with all fees delinquent 20 at the time of cancellation and the renewal fee for each year thereafter up to 21 the time of reinstatement. 22 Provided further, that where a license has been canceled for a period of 23 more than five (5) years, the person so affected shall be required to make 24 application to the board, using the same forms and furnishing the same infor- 25 mation as required of a person originally applying for a license, and pay the 26 same fee that is required of a person taking the examination in the particular 27 profession in which said person holds a canceled Idaho license. Said applicant 28 shall appear in person before the board at any regular or special meeting for 29 an examination, the nature of which shall be determined by the board. If after 30 an examination, the board is of the opinion that the person examined is the 31 bona fide holder of the canceled license, is of good moral character and, if 32 found capable of again practicing in this state the profession for which the 33 original or canceled license was granted, the license shall be reinstated and 34 the holder thereof entitled to practice subject to the laws of this state.
STATEMENT OF PURPOSE
RS 10504
The fee cap increase in this legislation will allow the
board to increase fees by rule. Fee increases are necessary
to generate additional funding for continued board operation
and will prevent the board from incurring a deficit account.
The increase in the reinstatement penalty will provide an
effective deterrent to those who routinely fail to renew their
licenses and continue to operate or practice unlawfully. Both
the penalty and reinstatement language is taken from The Bureau
of Occupational Licenses statute. This legislation also allows
the board the discretion to apply discipline other than the
suspension or revocation of a license. This action is taken at
the Deputy AG's suggestion which will allow the board to enter
into consent agreements with licensees to assess fines and
recover costs rather than being forced to go through the
hearing process (which is more costly to both the board and
the licensee; typically $5 $50 thousand).
FISCAL IMPACT
There is no fiscal impact to the general fund. An increase in
fees will be necessary by rule to meet operating expenses.
The estimated increase in annual revenue is $13,600 in dedicated
funds.
CONTACT
Name: Thomas E. Limbaugh,
Bureau of Occupational Licenses, Board of Morticians
Phone: 334-3233
Statement of Purpose/Fiscal Note H33