Connecticut 2019 Regular Session

Connecticut Senate Bill SB00848 Compare Versions

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Version 2 (New)

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4		-	Senate Bill No. 848
	7	+	General Assembly Raised Bill No. 848
	8	+	January Session, 2019
	9	+	LCO No. 4073
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6		-	Public Act No. 19-57
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	12	+	Referred to Committee on GENERAL LAW
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	14	+
	15	+	Introduced by:
	16	+	(GL)
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9	19		AN ACT CONCERNING FUNERAL S ERVICE CONTRACTS AND
10	20		CEMETERIES.
11	21		Be it enacted by the Senate and House of Representatives in General
12	22		Assembly convened:
13	23
14		-	Section 1. Section 42-207 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective January 1, 2020):
16		-	An irrevocable funeral service contract may be entered into in which
17		-	the amount held in escrow or a death benefit payable under an
18		-	individual or group life insurance policy may be disbursed only upon
19		-	the death of the beneficiary, provided such a contract does not exceed
20		-	[eight] ten thousand dollars and all interest, growth or dividends
21		-	accumulates to the escrow account or insurance policy and are
22		-	inaccessible to the beneficiary. Such irrevocable funeral service
23		-	contract may be transferred from one funeral service establishment to
24		-	another upon request of the beneficiary or a legal representative of the
25		-	beneficiary. The purchase of an irrevocable funeral service contract
26		-	shall not preclude an individual from purchasing other funeral service
27		-	contracts that are revocable, provided any such revocable funeral
28		-	service contract purchased by a Medicaid beneficiary may be revoked
29		-	only upon written notice by the Medicaid beneficiary to the
30		-	Commissioner of Social Services. An irrevocable funeral service
31		-	contract shall provide that, upon the death of the beneficiary, the state Senate Bill No. 848
	24	+	Section 1. Section 42-207 of the general statutes is repealed and the 1
	25	+	following is substituted in lieu thereof (Effective July 1, 2019): 2
	26	+	An irrevocable funeral service contract may be entered into in which 3
	27	+	the amount held in escrow or a death benefit payable under an 4
	28	+	individual or group life insurance policy may be disbursed only upon 5
	29	+	the death of the beneficiary [, provided such a contract does not exceed 6
	30	+	eight thousand dollars] and all interest, growth or dividends 7
	31	+	accumulates to the escrow account or insurance policy and are 8
	32	+	inaccessible to the beneficiary. Such irrevocable funeral service 9
	33	+	contract may be transferred from one funeral service establishment to 10
	34	+	another upon request of the beneficiary or a legal representative of the 11
	35	+	beneficiary. The purchase of an irrevocable funeral service contract 12
	36	+	shall not preclude an individual from purchasing other funeral service 13
	37	+	contracts that are revocable, provided any such revocable funeral 14
	38	+	service contract purchased by a Medicaid beneficiary may be revoked 15
	39	+	only upon written notice by the Medicaid beneficiary to the 16 Raised Bill No. 848
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33		-	Public Act No. 19-57 2 of 4
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35		-	of Connecticut shall receive any amounts remaining after performance
36		-	of the contract, up to (1) the total amount of medical assistance paid by
37		-	the state of Connecticut on behalf of the beneficiary that is recoverable
38		-	under 42 USC 1396p, and (2) the total amount of all other forms of
39		-	public assistance paid by the state of Connecticut on behalf of the
40		-	beneficiary or his or her dependent child. The funeral service
41		-	establishment providing services under such a contract shall make
42		-	payment of such remaining funds to the Commissioner of Social
43		-	Services not later than sixty days after all services have been
44		-	performed under such contract. If a funeral service establishment pays
45		-	such remaining amount to any person other than the Commissioner of
46		-	Social Services, the funeral service establishment shall be liable to said
47		-	commissioner for repayment of such amount.
48		-	Sec. 2. Section 19a-312 of the general statutes is repealed and the
49		-	following is substituted in lieu thereof (Effective July 1, 2019):
50		-	[(a) No crypt or room in any mausoleum not privately owned, or
51		-	niche in a columbarium not so owned, shall be sold or offered for sale,
52		-	until such structure is entirely completed.]
53		-	[(b)] (a) There shall be established and maintained a fund for the
54		-	perpetual care and maintenance of each [such] mausoleum and
55		-	columbarium, by applying in the case of a mausoleum not less than the
56		-	sum of one hundred dollars from the proceeds received from the sale
57		-	of each crypt and ten per cent of the proceeds received from the sale of
58		-	each room; and in case of niches in a mausoleum or columbarium,
59		-	used as a repository for the remains of deceased persons after
60		-	cremation, a sum which shall be equivalent to ten per cent of the sale
61		-	price of each niche. If sales of crypts or rooms in any such mausoleum,
62		-	or sales of niches in any such mausoleum or columbarium, are made
63		-	upon a partial payment plan, there shall be set apart and applied to
64		-	said maintenance fund from each such payment such proportion
65		-	thereof as the number of partial payments bears to the total amount of Senate Bill No. 848
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67		-	Public Act No. 19-57 3 of 4
	46	+	Commissioner of Social Services. 17
	47	+	Sec. 2. Section 19a-312 of the general statutes is repealed and the 18
	48	+	following is substituted in lieu thereof (Effective July 1, 2019): 19
	49	+	[(a) No crypt or room in any mausoleum not privately owned, or 20
	50	+	niche in a columbarium not so owned, shall be sold or offered for sale, 21
	51	+	until such structure is entirely completed.] 22
	52	+	[(b)] (a) There shall be established and maintained a fund for the 23
	53	+	perpetual care and maintenance of each [such] mausoleum and 24
	54	+	columbarium, by applying in the case of a mausoleum not less than the 25
	55	+	sum of one hundred dollars from the proceeds received from the sale 26
	56	+	of each crypt and ten per cent of the proceeds received from the sale of 27
	57	+	each room; and in case of niches in a mausoleum or columbarium, 28
	58	+	used as a repository for the remains of deceased persons after 29
	59	+	cremation, a sum which shall be equivalent to ten per cent of the sale 30
	60	+	price of each niche. If sales of crypts or rooms in any such mausoleum, 31
	61	+	or sales of niches in any such mausoleum or columbarium, are made 32
	62	+	upon a partial payment plan, there shall be set apart and applied to 33
	63	+	said maintenance fund from each such payment such proportion 34
	64	+	thereof as the number of partial payments bears to the total amount of 35
	65	+	the sum required to be set aside for such fund. 36
	66	+	[(c)] (b) When any mausoleum, vault, crypt or structure containing 37
	67	+	one or more deceased human bodies, in the opinion of the Department 38
	68	+	of Public Health, becomes a menace to public health, and the owner or 39
	69	+	owners thereof fail to remedy or remove the same to the satisfaction of 40
	70	+	said department, any court of competent jurisdiction may order the 41
	71	+	person, firm or corporation owning such structure to remove the 42
	72	+	deceased body or bodies for interment in some suitable cemetery at the 43
	73	+	expense of the person, firm or corporation owning such mausoleum, 44
	74	+	vault or crypt. If no such person, firm or corporation can be found in 45
	75	+	the county where such mausoleum, vault or crypt is located, such 46
	76	+	removal and interment shall be at the expense of the cemetery, city or 47
	77	+	town within which such mausoleum, vault or crypt is located, or of the 48 Raised Bill No. 848
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69		-	the sum required to be set aside for such fund.
70		-	[(c)] (b) When any mausoleum, vault, crypt or structure containing
71		-	one or more deceased human bodies, in the opinion of the Department
72		-	of Public Health, becomes a menace to public health, and the owner or
73		-	owners thereof fail to remedy or remove the same to the satisfaction of
74		-	said department, any court of competent jurisdiction may order the
75		-	person, firm or corporation owning such structure to remove the
76		-	deceased body or bodies for interment in some suitable cemetery at the
77		-	expense of the person, firm or corporation owning such mausoleum,
78		-	vault or crypt. If no such person, firm or corporation can be found in
79		-	the county where such mausoleum, vault or crypt is located, such
80		-	removal and interment shall be at the expense of the cemetery, city or
81		-	town within which such mausoleum, vault or crypt is located, or of the
82		-	cemetery association in charge of any such cemetery.
83		-	[(d)] (c) Any cemetery or mausoleum maintained or constructed
84		-	contrary to the provisions of this chapter shall be deemed a public
85		-	nuisance and may be enjoined in an action brought by any taxpayer of
86		-	this state.
87		-	Sec. 3. Section 19a-311 of the general statutes is repealed and the
88		-	following is substituted in lieu thereof (Effective October 1, 2019):
89		-	Such structure shall be erected under the supervision of an inspector
90		-	to be appointed by the Department of Public Health, which shall
91		-	determine the amount of his compensation, such compensation to be
92		-	paid by the person erecting the same. No vault, crypt, niche,
93		-	mausoleum, columbarium or structure, and no addition or alteration
94		-	thereof, shall be used for the purpose of interring therein any body
95		-	until the person, firm or corporation operating such structure has
96		-	obtained from said department a certificate, signed by the
97		-	Commissioner of Public Health, certifying that the plans and
98		-	specifications filed pursuant to the provisions of section 19a-310 have Senate Bill No. 848
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100		-	Public Act No. 19-57 4 of 4
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102		-	been complied with, and that the requirements for a maintenance fund
103		-	provided for in subsection [(b)] (a) of section 19a-312, as amended by
104		-	this act, have been complied with, which certificate shall be filed in the
105		-	office of the town clerk of the town wherein the community
106		-	mausoleum is located, provided a columbarium which is used solely
107		-	as a repository for the remains, after cremation of deceased persons
108		-	and is located on the premises of any religious society or corporation
109		-	shall not be subject to the provisions of this section.
	84	+	cemetery association in charge of any such cemetery. 49
	85	+	[(d)] (c) Any cemetery or mausoleum maintained or constructed 50
	86	+	contrary to the provisions of this chapter shall be deemed a public 51
	87	+	nuisance and may be enjoined in an action brought by any taxpayer of 52
	88	+	this state. 53
	89	+	Sec. 3. Section 19a-311 of the general statutes is repealed and the 54
	90	+	following is substituted in lieu thereof (Effective October 1, 2019): 55
	91	+	Such structure shall be erected under the supervision of an inspector 56
	92	+	to be appointed by the Department of Public Health, which shall 57
	93	+	determine the amount of his compensation, such compensation to be 58
	94	+	paid by the person erecting the same. No vault, crypt, niche, 59
	95	+	mausoleum, columbarium or structure, and no addition or alteration 60
	96	+	thereof, shall be used for the purpose of interring therein any body 61
	97	+	until the person, firm or corporation operating such structure has 62
	98	+	obtained from said department a certificate, signed by the 63
	99	+	Commissioner of Public Health, certifying that the plans and 64
	100	+	specifications filed pursuant to the provisions of section 19a-310 have 65
	101	+	been complied with, and that the requirements for a maintenance fund 66
	102	+	provided for in subsection [(b)] (a) of section 19a-312, as amended by 67
	103	+	this act, have been complied with, which certificate shall be filed in the 68
	104	+	office of the town clerk of the town wherein the community 69
	105	+	mausoleum is located, provided a columbarium which is used solely 70
	106	+	as a repository for the remains, after cremation of deceased persons 71
	107	+	and is located on the premises of any religious society or corporation 72
	108	+	shall not be subject to the provisions of this section. 73
	109	+	This act shall take effect as follows and shall amend the following
	110	+	sections:
	111	+
	112	+	Section 1 July 1, 2019 42-207
	113	+	Sec. 2 July 1, 2019 19a-312
	114	+	Sec. 3 October 1, 2019 19a-311
	115	+	Raised Bill No. 848
	116	+
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	122	+	GL Joint Favorable
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