2007 Regular Session
To: Public Health and Human Services
By: Representative Banks
AN ACT TO AMEND SECTION 73-11-67, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RETAIL SELLERS OF CASKETS THAT SELL PRENEED CONTRACTS FOR CASKETS SHALL BE REQUIRED TO MEET ALL OF THE REQUIREMENTS THAT ARE APPLICABLE TO PRENEED CONTRACTS FOR FUNERAL SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-11-67, Mississippi Code of 1972, is amended as follows:
73-11-67. (1) Every person, establishment or company not licensed under this chapter that sells caskets at retail shall register annually with the board. The names of registrants under this section shall be made available to any person upon request during the regular business hours of the board. The procedure for conducting a disciplinary proceeding against any casket retailer accused of failing to register with the board, as well as the penal sanctions available to the board, shall be the same as those set forth in Section 73-11-57.
(2) Any person, establishment or company required to register under subsection (1) of this section that sells preneed contracts for caskets, either directly or indirectly or through an agent, shall be required to meet all of the requirements of Sections 75-63-51 through 75-53-75 that are applicable to preneed contracts for funeral services under those sections. For the purposes of this section, the term "preneed contract for caskets" means any contract, agreement or any series or combination of contracts or agreements, whether funded by trust deposits or insurance, or any combination thereof, which is for the purpose of furnishing or delivering a casket or caskets for the final disposition of a dead human body, to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.