Bill Text: DE HB246 | 2015-2016 | 148th General Assembly | Draft


Bill Title: An Act To Amend Title 24 Relating To The Board Of Funeral Services.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-05-11 - Signed by Governor [HB246 Detail]

Download: Delaware-2015-HB246-Draft.html


SPONSOR:

Rep. Brady & Sen. Poore

 

Reps. Bennett, Bolden, Dukes, Spiegelman; Sens. Pettyjohn, Richardson, Sokola, Townsend

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 246

AN ACT TO AMEND TITLE 24 RELATING TO THE BOARD OF FUNERAL SERVICES.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1. Amend §3106, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§3106. License; registration required; responsibility.

(e) No person shall collect or disseminate pricing materials from different funeral establishments or entities with the intent of steering potential clients based solely on the information collected. Such practice shall be deemed engaging in the practice of funeral services.


SYNOPSIS

The Joint Sunset Committee recommended in 2014 that the Board of Funeral Services and the Division of Professional Regulation review Chapter 31, Title 24 of the Delaware Code and submit proposed legislation to bring the law up to date with current funeral services standards and practices. As a result, the General Assembly passed and the Governor signed Senate Bill No. 65 in 2015.

One of the provisions Senate Bill No. 65 added to the Delaware Code was §3106(e), which prohibited the collection or dissemination of "pricing materials from different funeral establishments or entities with the intent of steering potential clients based solely on the information collected" and deemed such collection or dissemination "the practice of funeral services." This Act removes this provision, as it is unconstitutionally broad.

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