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TopicCoffin Sales
ContentOklahoma is one of only four states that restrict sale of coffins to licensed funeral homes. In other words, only licensed funeral homes can sell coffins in Oklahoma. This causes the cost of coffins in Oklahoma to be up to twice as high as in surrounding states that do not have or enforce such a restriction. This is particularly hard on bereaved relatives, who are often pressured by funeral homes to buy up-scale coffins. This was the subject of legislation (HB 1460) thrice submitted by Rep. Carolyn Coleman and thrice denied hearing on the House floor, both by Democrats and Republicans. The matter went to the Federal District Court for the Western District of Oklahoma where Judge Friot ruled that it is up to the Legislature to pass good laws (decision very simplified). The Institute for Justice, with continued moral support from Common Cause Oklahoma and the League of Women Voters took the case to the 10th Circuit in Denver, which supported Judge Friot's decision. This had the 10th Circuit at variance with the 6th Circuit, which had overturned a Tennessee statute that was similar to the relevant portion of Oklahoma's Funeral Services Licensing Act. The case was then appealed by the Institute for Justice to the U.S. Supreme Court, which declined to accept the case, thereby returning the matter to the Oklahoma Legislature. Both Paul Wesselhoft and Randy Terrill had agreed to push HB 2511, similar in its important provision to 1460, but Ron Peterson, mimicing Democrats, blocked hearing on the House floor in 2006 and no bill on this subject was offered this year. Common Cause has estimated that approximately $20 million in excess funeral costs are paid annually in Oklahoma, owing to FLSA's restriction on casket sales. Removal of the restriction would be a significant step toward improving general conditions in our State. The money wasted on too-costly caskets would be much better spent, for example, on higher education for grandchildren of deceased. Republicans are supposed to be for free markets. Why have Republicans not helped strongly break the monopoly on casket sales that is enjoyed by Oklahoma's funeral homes? Thank you for consideration.
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