Senate Bill 2857

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 CREATE SECTION 75-63-64, MISSISSIPPI CODE OF 1972, TO PROVIDE NOTICE REQUIREMENTS FOR IRREVOCABLE CONTRACTS; 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 REQUIRE 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 Senate

• Eugene S. Clarke

  Sponsor

• Senate floor amendmentAdopted

  Adopted Feb 10

• House of Representatives committee amendmentAdopted

  Adopted Mar 10

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

In the Senate Jan 19 – Feb 10

1. Jan 19Referred to the Senate committee on Insurance
2. Jan 29Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Feb 10Committee substitute adopted in the Senate
4. Amended in the Senate
5. Passed the Senate as amended

In the House of Representatives Feb 12 – Mar 11

1. Feb 12Sent to the House
2. Feb 16Referred to the House committee on Public Health and Human Services
3. Mar 3Reported from committee in the House: title sufficient, do pass as amended
4. Mar 10Amended in the House
5. Point of order raised in the House
6. Set aside in the House until the chair rules on the point of order
7. Point of order withdrawn in the House
8. Mar 11Died on the calendar in the House