ENROLLED
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ACT No. 373
Regular Session, 2010
HOUSE BILL NO. 451
BY REPRESENTATIVE RITCHIE
AN ACT1
To amend and reenact R.S. 37:831(11), (40), and (72) and 846(A)(introductory paragraph),2
(2), and (3), relative to solicitation by funeral homes; to define "capper", "steerer",3
or "runner"; to define "funeral goods and services"; to define "solicitation"; to4
authorize the imposition of sanctions or fines; to prohibit solicitation by funeral5
home directors; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:831(11), (40), and (72) and 846(A)(introductory paragraph), (2),8
and (3) are hereby amended and reenacted to read as follows: 9
§831. Definitions10
For purposes of this Chapter and implementation thereof, the following terms11
shall have the meaning as defined herein, unless the context clearly indicates12
otherwise:13
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(11) "Capper", or "steerer", "or runner" means any business agent or other15
a person who, for monetary benefits or other considerations, procures or attempts to16
deceive, delude, procure business at the direction of, request of, or in cooperation17
with a licensee by means of deceit, trick, cheat, swindle, defraud, or mislead fraud,18
or misleading statements.19
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(40) "Funeral goods and services" means any one or more of the following21
goods or services:22
(a) goods Goods which are sold or offered for sale directly to the public for23
use in connection with funeral services.24 ENROLLEDHB NO. 451
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(b) and any Any services which may be used to care for and or prepare1
deceased human remains for burial, cremation, or other final disposition.2
(c) and to arrange, supervise or conduct The arranging, supervising, or3
conducting of the funeral ceremony or the final disposition of deceased human4
bodies, including, but not limited to, bodies.5
(d) funeral Funeral merchandise.6
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(72) "Solicitation" means the act or practice of any licensee, or any agent,8
employee, or person acting on his behalf, approaching someone with a person or a9
group of persons to make a request or plea, or to urge someone toward a particular10
cause as it may pertain to the care, custody, or disposition of a dead human body.11
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§846. Refusal to grant or renew licenses; revocation or suspension; grounds;13
hearings14
A. The board may refuse to grant, refuse to renew, or may suspend or15
revoke, any license, or impose a sanction or fine in keeping with the penalty16
provision of this Part, when the applicant or licensee is found guilty of any of the17
following acts or omissions:18
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(2) Paying, giving or offering, directly or indirectly, orally or in writing, any20
money, credit, discount, gratuity or other thing of value to a third party as an21
inducement for the business of a prospective customer, provided that this prohibition22
shall not be in any way construed as prohibiting to prohibit any of the following:23
(a) the The execution or servicing by the parties thereto of any funeral service24
contract of the type or preneed funeral contract recognized or required by any25
provisions of R.S. Title Titles 22 and 37 of the Louisiana Revised Statutes of 1950.26
(b) A licensee's providing promotional pricing that is disclosed on its general27
price list, including the dollar amount or method of determining the dollar amount28
of any discount, directly to a consumer.29 ENROLLEDHB NO. 451
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(c) A licensee's providing discounted or free funeral goods and services for1
infants or a member of an indigent family.2
(3)(a) Solicitation of business, either in person or through agents commonly3
known as "cappers" or "steerers." which is intimidating, overreaching, fraudulent,4
or misleading, that uses undue influence, or that takes advantage of a person's lack5
of knowledge or emotional vulnerability, or engaging in any of the following:6
(i) At-need solicitation of sales of funeral goods and services or funeral or7
disposition arrangements.8
(ii) Soliciting, accepting, or paying consideration for recommending a9
provider of funeral goods and services or disposition arrangements or using the10
services of cappers, steerers, or runners.11
(iii) Contacting persons receiving care in hospitals, rest homes, nursing12
homes, hospices, or similar institutions for the purpose of soliciting preneed funeral13
contracts or the sale of funeral goods and services or making funeral or disposition14
arrangements without first having been specifically requested by that person.15
(iv) Contacting a person suffering ill health or the relatives, caregivers,16
acquaintances, health care providers, or persons having the right to control the17
disposition of the remains of an individual whose death is impending or whose death18
has recently occurred for the purposes of soliciting preneed funeral contracts or the19
sale of funeral goods and services or making funeral or disposition arrangements for20
that individual without first having been specifically requested by that person21
seeking information about funeral goods or services.22
(b) This Paragraph shall not apply to communications between persons23
related by blood, adoption, or marriage.24
(c) Nothing in this Section shall be construed to restrict the rights of a person25
to advertise or use direct mail or other communications in a manner directed to26 ENROLLEDHB NO. 451
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members of groups, associations, organizations, or the general public, or to contact1
persons responding to such communications or who initiate discussion of the funeral2
goods and services being offered.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: