Oklahoma Governor Vetoes Extension for State’s Funeral Board, Effectively Dismantling Agency

In a move that is currently rippling through Oklahoma’s deathcare industry, Governor Kevin Stitt has vetoed House Bill 1029, effectively dissolving the Oklahoma Funeral Board—the agency responsible for regulating funeral homes, crematories, embalmers, and funeral directors. This decision leaves the state’s funeral professionals without clear oversight and raising concerns about the future of funeral service standards and consumer protections.

The veto also intersects with ongoing debates over the sale of caskets and other funeral merchandise — namely, Oklahoma’s “protectionist” casket law that prohibits anyone but licensed funeral directors from selling caskets to consumers. This contentious regulation has been in place for more than a century and has been upheld by federal courts in multiple lawsuits.

Creating a regulatory vacuum

The Oklahoma Funeral Board, comprising two full-time and two part-time employees, has been the cornerstone of funeral service regulation in the state. With the veto of HB 1029, the board’s authority is set to expire, and unless new legislation reinstates it, the state could find itself without a regulatory body overseeing funeral services.

Tyler Stiles, the executive director of the Oklahoma Funeral Board, expressed uncertainty about the future.

“I don’t know of any contingency plan of any of these rules going to another agency at this time. I haven’t seen that,” Stiles told Oklahoma’s KOSU news outlet. “So my understanding is anyone could embalm a body or cremate a body without any training or education.”

Brandon Lee, President of the Oklahoma Funeral Directors Association, emphasized the importance of the board’s role.

“The Oklahoma Funeral Board exists for one clear purpose: to protect the public by ensuring that funeral service professionals meet the highest ethical and professional standards,” Lee told KOSU. “This work is not simply bureaucratic. It involves deeply personal and sensitive moments in people’s lives – moments that deserve integrity, compassion, and oversight tailored to the unique nature of our profession.” 

Kudos for the veto?

Governor Stitt’s veto message criticized the Funeral Board for maintaining outdated regulations that hinder competition: 

HB 1029 would extend the life of the Oklahoma Funeral Board— a state agency that, by now, should be consolidated under a more appropriate umbrella. For too long, the Funeral Board has shielded the funeral industry from meaningful competition in the sale of caskets, urns, and other funeral related merchandise and services. These barriers keep prices artificially high for grieving families. Instead of modernizing, the Board has preserved outdated regulations and entangled businesses in unnecessary red tape. Before granting another sunset extension, the Legislature should seriously evaluate where this Board belongs and what its core duties should be. Until the Funeral Board becomes more accountable and responsive to legislative oversight, its continuation should not be rubber-stamped.

The Institute for Justice, a libertarian public interest law firm, applauded the veto, viewing it as a step toward free market reforms in the funeral industry. 

“Creating artificial barriers to selling caskets is akin to creating a death tax for all Oklahomans,” wrote The Institute for Justice Legislative Counsel Sam Hooper on the organization’s website. “Restricting supply drives up prices. In an industry which everyone will eventually encounter, Oklahomans shouldn’t have to pay more when they say their final goodbyes to their loved ones.” 

Hooper also highlighted that Oklahoma’s average funeral costs are about $800 higher than neighboring states, attributing this disparity to restrictive licensure requirements that limit who can sell caskets.

What’s next

While HB 1029’s veto dismantles the current regulatory framework, the Oklahoma Legislature has an opportunity to reshape funeral industry oversight, according to both KOSU and The Institute for Justice. Senate Bill 559, for instance, proposes allowing individuals without a funeral director’s license to sell funeral merchandise directly to the public, potentially reducing costs and increasing consumer choice.

As the state navigates this transitional period, funeral professionals and consumers alike face uncertainty. The dissolution of the Funeral Board raises questions about maintaining service quality and ethical standards in the absence of formal oversight. Simultaneously, the push for deregulation and market competition aims to make funeral services more accessible and affordable.