House Bill 1309

AN ACT TO AMEND SECTION 75-63-53, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS OF TERMS USED IN THE PRENEED CEMETERY AND FUNERAL REGISTRATION ACT; TO AMEND SECTION 75-63-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO CONTRACT FORM MAY BE USED WITHOUT PRIOR APPROVAL OF THE SECRETARY OF STATE; TO CREATE SECTION 75-63-56, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE REVOCATION, SUSPENSION, CANCELLATION OR NONRENEWAL OF PRENEED REGISTRATION; TO AMEND SECTION 75-63-57, MISSISSIPPI CODE OF 1972, TO REQUIRE RETENTION OF RECORDS IN THIS STATE; TO AMEND SECTION 75-63-59, MISSISSIPPI CODE OF 1972, TO REVISE THE REGULATIONS FOR CONTRACTS FUNDED BY TRUST; TO AMEND SECTION 75-63-61, MISSISSIPPI CODE OF 1972, TO REQUIRE PAYMENTS MADE TO THE CONTRACT SELLER TO BE TIMELY SUBMITTED TO THE INSURANCE COMPANY WHEN THE CONTRACT IS FUNDED BY INSURANCE; TO AMEND SECTION 75-63-65, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN ANNUAL REGISTRATION FEE; TO AMEND SECTION 75-63-67, MISSISSIPPI CODE OF 1972, TO REVISE THE REPORTING REQUIREMENTS TO THE SECRETARY OF STATE; TO CREATE SECTION 75-63-68, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CONVERSION FROM TRUST TO INSURANCE OR ANNUITY CONTRACTS; TO AMEND SECTION 75-63-69, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE ACT; TO CREATE SECTION 75-63-70, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR JOINT AND SEVERAL LIABILITY; TO AMEND SECTION 75-63-73, MISSISSIPPI CODE OF 1972, TO REVISE THE EXAMINATION POWERS OF THE SECRETARY OF STATE; TO CREATE A NEW SECTION TO REGULATE OWNERSHIP OR CONTROL CHANGES; TO CREATE A NEW SECTION TO PROVIDE FOR THE TERMINATION OF BUSINESS OPERATIONS; TO CREATE A NEW SECTION TO CREATE A PRENEED CONTRACTS LOSS RECOVERY ASSOCIATION; TO CREATE A NEW SECTION TO AUTHORIZE THE STATE BOARD OF FUNERAL SERVICE TO REVOKE THE LICENSE OF A FUNERAL HOME ESTABLISHMENT OR FUNERAL DIRECTOR UPON FAILING TO REGISTER OR FAILING TO TIMELY DEPOSIT PREMIUM PAYMENTS; TO AMEND SECTIONS 41-43-33 AND 41-43-35, MISSISSIPPI CODE OF 1972, TO CLARIFY THE APPLICATION OF THE CEMETERY LAW; TO AMEND SECTION 41-43-37, MISSISSIPPI CODE OF 1972, TO REVISE REGULATIONS OF IRREVOCABLE PERPETUAL CARE TRUST FUNDS FOR CEMETERIES; TO AMEND SECTION 41-43-38, MISSISSIPPI CODE OF 1972, TO REVISE THE ACCOUNTING AND REPORTING REQUIREMENTS OF CEMETERIES; TO AMEND SECTION 41-43-41, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL CEMETERIES CREATED FROM AND AFTER JULY 1, 2009, TO BE PERPETUAL CARE CEMETERIES, UNLESS EXEMPT FROM THE CHAPTER; TO CREATE A NEW SECTION TO GIVE THE SECRETARY OF STATE THE POWER TO INSPECT BUSINESS RECORDS OF PERPETUAL CARE CEMETERIES; TO CREATE A NEW SECTION TO ALLOW A PERPETUAL CARE OWNER TO MAKE APPLICATION TO RELEASE TRUST PRINCIPAL FOR THE EXTENDED CARE, MAINTENANCE OR IMPROVEMENTS TO THE CEMETERY; TO CREATE A NEW SECTION TO REQUIRE EVERY PERPETUAL CARE CEMETERY TO MAINTAIN AN UP-TO-DATE RECORD OF THE PERSONS BURIED IN THE CEMETERY; AND FOR RELATED PURPOSES.

In the House of Representatives

• Jerry R. Turner

  Sponsor

• House of Representatives floor amendmentPending

• House of Representatives floor amendmentPending

• House of Representatives floor amendmentPending

• Senate committee amendmentAdopted

  Adopted Mar 4

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 19 – Feb 11

1. Jan 19Referred to the House committee on Public Health and Human Services
2. Jan 29Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Feb 11Committee substitute adopted in the House
4. Amended in the House
5. Passed the House as amended

In the Senate Feb 13 – Mar 4

1. Feb 13Sent to the Senate
2. Feb 17Referred to the Senate committee on Insurance
3. Feb 26Reported from committee in the Senate: title sufficient, do pass as amended
4. Mar 4Amended in the Senate
5. Passed the Senate as amended

Back in the House of Representatives Mar 6 – Apr 8

1. Mar 6Returned to the House to concur in the Senate's amendments
2. Mar 13Declined in the House to concur, and invited a conference
3. Mar 17Conferees named in the House: Holland, Reynolds and Moak
4. Mar 18Conferees named in the Senate: Clarke, Nunnelee and Dawkins
5. Mar 30Conference report filed in the Senate
6. Conference report filed in the House
7. Mar 31Conference report adopted in the House
8. Conference report adopted in the Senate
9. Apr 8Enrolled bill signed in the House

To the Governor Apr 13 – Apr 17

1. Apr 13Enrolled bill signed in the Senate
2. Apr 17Approved by the Governor