Bill Text | History of Actions | Background | Title |
Description: Cemetery merchandise; establish bond requirements for pre-need sale.
Bill Text: [Introduced]
| 1 | 01/02 (H) Referred To Insurance | |
| 2 | 01/30 (H) Died In Committee |
| Effective date | July 1, 2001 | |
| Disposition | Dead | |
| Deadline | General Bill/Constitutional Amendment | |
| Revenue | No | |
| Vote type required | Majority |
House Committee:
Principal Author: Taylor
Code Sections: A 075-0063-0003, A 075-0063-0011, A 075-0063-0015, A 075-0063-0017, A 075-0063-0018, A 075-0063-0023, 073-0011-0055, A 073-0011-0057
Title: AN ACT TO AMEND SECTIONS 75-63-3, 75-63-11, 75-63-15, 75-63-17, 75-63-18 AND 75-63-23, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY BUSINESS THAT SELLS CEMETERY MERCHANDISE ON A PRE-NEED BASIS TO DEPOSIT ONE HUNDRED PERCENT OF THE CONTRACT VALUE OF THE MONEY IT RECEIVES FROM SUCH SALES INTO A TRUST FUND OR, IN LIEU THEREOF, TO DEPOSIT FIFTY PERCENT OF SUCH MONEY INTO A TRUST FUND AND EXECUTE A SURETY BOND TO SECURE THE PERFORMANCE OF SUCH CONTRACTS; TO AUTHORIZE THE COMMENCEMENT OF COURT PROCEEDINGS TO ENFORCE THE OBLIGATIONS OF SUCH BONDS; TO PROVIDE THAT ALL CONTRACTS FOR THE PRE-NEED SALE OF CEMETERY MERCHANDISE SHALL CONTAIN A PROMISE BY THE SELLER TO DELIVER AT THE TIME OF DEATH ALL SUCH MERCHANDISE FOR WHICH THE PURCHASER CONTRACTED THAT IS USED IN ACTUAL BURIAL; TO REQUIRE THE TRUSTEE OF A CEMETERY MERCHANDISE TRUST FUND AND THE SELLER OF CEMETERY MERCHANDISE TO KEEP BOOKS AND RECORDS AND ACCOUNT ANNUALLY FOR SURETY BONDS EXECUTED TO SECURE THE PERFORMANCE OF CONTRACTS FOR THE PRE-NEED SALE OF CEMETERY MERCHANDISE; TO PROVIDE THAT THE CHANCERY COURT SHALL HAVE JURISDICTION FOR THE ENFORCEMENT OF SUCH SURETY BONDS; TO PROVIDE THAT THE ATTORNEY GENERAL MAY INVESTIGATE COMPLAINTS AND ASSIST PROSECUTORS IN PROSECUTIONS FOR VIOLATIONS OF THE LAWS RELATING TO THE PRE-NEED SALE OF CEMETERY MERCHANDISE; TO AMEND SECTION 73-11-55, MISSISSIPPI CODE OF 1972, TO REQUIRE APPLICANTS FOR FUNERAL ESTABLISHMENT LICENSES TO PROVIDE THE STATE BOARD OF FUNERAL SERVICE WITH CERTAIN INFORMATION RELATING TO THE PRE-NEED SALE OF CEMETERY MERCHANDISE AT THE TIME OF MAKING APPLICATION FOR OR RENEWING A LICENSE; TO AMEND SECTION 73-11-57, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FAILURE OF SUCH APPLICANT TO FURNISH SUCH INFORMATION, TO ESTABLISH AND MAINTAIN A TRUST ACCOUNT OR TO OBTAIN AND MAINTAIN A BOND TO SECURE THE PERFORMANCE OF PRE-NEED CEMETERY MERCHANDISE SALES SHALL CONSTITUTE GROUNDS FOR THE BOARD TO REFUSE TO ISSUE OR RENEW A LICENSE AND TO TAKE DISCIPLINARY ACTION AGAINST THE FUNERAL ESTABLISHMENT; AND FOR RELATED PURPOSES.
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2001/html/History/HB/HB0095.htm