Bill Text: MO HB937 | 2011 | Regular Session | Introduced
Bill Title: Requires certain preneed funeral contract sellers and providers to designate the location where all records and contracts are located
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-20 - Public Hearing Completed (H) [HB937 Detail]
Download: Missouri-2011-HB937-Introduced.html
FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MEADOWS (Sponsor), FRAKER, CARTER, JONES (117), CASEY AND SHIVELY (Co-sponsors).
2088L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 436.412 and 436.415, RSMo, and to enact in lieu thereof two new sections relating to preneed funeral contracts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 436.412 and 436.415, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 436.412 and 436.415, to read as follows:
436.412. Each preneed contract made before August 28, 2009, and all payments and disbursements under such contract shall continue to be governed by this chapter as the chapter existed at the time the contract was made. Any licensee or registrant of the board may be disciplined for violation of any provision of sections 436.005 to 436.071 within the applicable statute of limitations. [In addition, the provisions of section 436.031, as it existed on August 27, 2009, shall continue to govern disbursements to the seller from the trust and payment of trust expenses.] Joint accounts in existence as of August 27, 2009, shall continue to be governed by the provisions of section 436.053, as that section existed on August 27, 2009.
436.415. 1. Except as otherwise provided in sections 436.400 to 436.520, the provider designated in a preneed contract shall be obligated to provide final disposition, funeral or burial services and facilities, and funeral merchandise as described in the preneed contract.
2. The seller designated in a preneed contract shall be obligated to collect and properly deposit and disburse all payments made by, or on behalf of, a purchaser of a preneed contract and ensure that [is] its statutorily and contractual duties are met, in compliance with sections 436.400 to 436.520.
3. A legal entity is only required to hold a single seller or provider license for all locations that are owned by the same legal entity. The seller or provider shall designate with the state board the location at which all records and copies of contracts related to all seller or provider licenses are located.
4. A legal entity that holds more than one seller or provider license shall designate with the state board the location or locations at which all records and copies of contracts related to all seller or provider licenses that it holds are located.
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