Senate Bill 2188

AN ACT TO AMEND SECTION 75-63-65, MISSISSIPPI CODE OF 1972, TO REQUIRE SELLERS OF PRE-NEED FUNERAL CONTRACTS TO SHOW PROOF OF COMPLETION OF A PRE-NEED CERTIFICATION COURSE BEFORE REGISTRATION WITH THE SECRETARY OF STATE; TO REQUIRE SELLERS OF PRE-NEED FUNERAL CONTRACTS TO PAY A REGISTRATION FEE TO THE SECRETARY OF STATE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-63-65, Mississippi Code of 1972, is amended as follows:

75-63-65. (1) Any establishment or organization which engages in the business of selling pre-need merchandise and/or services shall register with the Secretary of State and shall pay a registration fee. A separate registration is required for each separate corporation or business entity. The establishment or organization shall pay to the Secretary of State for the registration of the main establishment or organization a fee of Two Hundred Fifty Dollars ($250.00).

(2) Any person who engages in the business of selling pre-need contracts shall register with the Secretary of State and pay a registration fee of Fifty Dollars ($50.00). This registration fee shall apply retroactively to persons engaged in the selling of pre-need contracts and registered with the Secretary of State before July 1, 2005.

(3) The Secretary of State shall establish regulations to register each establishment or organization selling pre-need merchandise or services. No establishment or organization shall be registered to sell pre-need merchandise or services that the establishment or organization cannot lawfully provide at the time of a person's death. The Secretary of State shall also maintain a record of all individuals who are registered to sell pre-need merchandise or services through the registered establishment.

(4) The Secretary of State shall establish regulations to register each person selling pre-need contracts, including the establishment through which the seller will be selling. No person shall be registered to sell pre-need contracts without indicating the establishment for which he or she is selling. No person shall be registered to sell pre-need contracts without showing satisfactory proof that he has completed a pre-need certification course which has been approved by the Secretary of State. This certification course requirement shall apply retroactively to persons engaged in the selling of pre-need contracts and registered with the Secretary of State before July 1, 2005.

(5) The Secretary of State shall develop and furnish the forms necessary for the registration of establishments and individuals selling pre-need contracts.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.