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Rep. Jim Hackworth - House District 33
IMMEDIATE RELEASE April
26, 2007
Lawmakers Restrict
Illegal Immigrant Travel;
Committees Advance
Funeral Home Fraud Bills
NASHVILLE (Apr. 26) –
The state House of Representatives literally grappled with
life-and-death issues this week by advancing bills that govern the
licensing of funeral homes and their staffs. Legislators also
passed a bill in final action that restricts the ability of illegal
immigrants to freely travel in Tennessee, according to Rep.
Jim Hackworth, D-Anderson
County.
Concerned lawmakers
approved one bill in a floor vote and House committees advanced two
others crafted to reduce the state’s burgeoning illegal immigrant
population. The first bill prohibits citizens from transporting
persons into Tennessee who are known to have illegally entered or
remained in the United States. Violators are fined $1,000, with
the funds used for deportation proceedings.
“Religious organizations
that assist illegal immigrants, however, may avoid conviction under a
provision of this bill. Many churches minister to undocumented
workers and their families living in their communities. The measure also
exempts such common carriers as trucking firms, passenger buses, and
rail services from penalties,” said
Hackworth.
House committees moved a
pair of similar bills aimed at undocumented workers. Under one
measure, a car dealer can not sell motor vehicles for personal use
unless the buyer has a valid driver license. Dealers must copy the
driver license and include it with the sale documents for two years.
Violators can be fined
$1,000, plus have their dealer license revoked for repeat offenses.
The proposed law does give some exceptions. These include vehicles
purchased for gifts or as classic collectibles. Buyers must, however,
register the vehicles using their legal names.
The other bill prohibits
employers from hiring known illegal immigrants as workers.
Persuading illegal workers to migrate to Tennessee or transporting them
into the state also results in misdemeanor or felony charges.
Fines range from $10,000 to $50,000 for specific actions.
“The state wants
employers to use due diligence. That specifically means accessing
the US Department of Homeland Security’s electronic work authorization
verification service to check resident status. An employer who
accepts a worker’s documents and doesn’t verify the information can be
prosecuted,” said Hackworth.
On the other hand, added
the lawmaker, “Don’t worry about a grandmother who unwittingly pays an
undocumented worker for pulling weeds. This bill mostly targets
large employers.”
In other business, the
House Commerce Committee is considering a pair of bills that address
consumer fraud by funeral establishments. One measure revises
state provisions for licensing mortuaries, directors and embalmers.
Under this bill, licensure applications must now list the
establishment’s complete street address and full names and titles of all
staff. The employment status and work hours of every staff member
must be recorded.
Lawmakers also tightened
education requirements for funeral directors and embalmers.
Directors must now complete at least 30 semester hours of class work at
an accredited mortuary school and serve a one-year apprenticeship.
Embalmers must earn an associate of arts degree with an accredited
program and apprentice themselves for one year.
“Grieving survivors will
have peace of mind about funeral home operations and staff who arrange
the deceased’s last journey. Most Tennessee mortuaries provide
excellent, sensitive care. Yet, we are aware of recent court
trials of funeral directors who forged signatures on customer insurance
policies, recklessly destroyed invoices or embezzled money from their
establishments,” said Hackworth.
The other measure,
called the “Tennessee Prepaid Funeral Benefits Act,” is inspired by
recent lawsuits in West Tennessee. Such states as Ohio, Michigan,
Georgia, Indiana and Oklahoma have also prosecuted similar cases.
In the Shelby County investigation, a funeral home sold prepaid burial
contracts and then charged families thousands more dollars in service
fees at the time of death.
“In addition to
complaints about unexpected payments, consumers alleged that graves were
left unmarked for months. Cemeteries were unkempt, and in some
instances funeral home management misappropriated money paid by contract
holders. Families did not have much legal recourse against
sellers, and that’s just plain wrong,” said
Hackworth.
This particular bill
requires every pre-need funeral contract seller to register with the
state and possess an insurance producer license. Copies of all
contracts must be filed with the state. Sellers are also required
to set up a trust fund for pre-need consumers. The designated
trustee handles financial transactions, including deposits.
Other provisions tighten
record-keeping practices. In addition, the state Department of
Commerce and Insurance commissioner is given broad enforcement powers
against violators.
“Taking advantage of
families when they are most vulnerable is unconscionable. All
Tennesseans should be treated with dignity and professionalism. To
that end, this bill guarantees that funeral expenses are fully paid
before the time of need, and that loved ones are properly laid to rest,”
said Hackworth.
CONTACT:
Kenneth Townsend, Press Secretary, House Democratic Caucus, at
615-741-6620 or email
kenneth.townsend@legislature.state.tn.us.
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