Louisiana 2013 Regular Session

Louisiana House Bill HB176

Introduced
4/8/13  
Refer
4/8/13  
Report Pass
4/15/13  
Engrossed
4/22/13  
Refer
4/23/13  
Report Pass
5/8/13  
Enrolled
5/23/13  
Chaptered
5/30/13  

Caption

Provides relative to withdrawals from cemetery merchandise trust funds

Impact

The bill's passage is expected to enhance the management of cemetery merchandise trusts by establishing clear protocols. By requiring certification from the cemetery authority regarding the delivery of services or the event of death, it raises the standard of accountability for trust fund administration. This adjustment is significant for ensuring that consumers receive the services they have paid for while protecting their investments in trusts. The amendment also reinforces the importance of proper documentation, which could assist in preventing disputes between contractors and consumers.

Summary

House Bill 176 aims to amend existing statutes concerning cemetery merchandise trusts in Louisiana. Specifically, the bill provides clarity on the processes related to withdrawals from these trusts. It ensures that the funds deposited remain intact until personal property is delivered or services by the cemetery authority are performed, or until the death of the individual for whom the contract was established. This legislative change addresses concerns regarding the administration and use of trust funds in the context of cemetery services, highlighting the need for a structured approach to managing these funds.

Sentiment

Overall, the sentiment around HB 176 appears to be positive. Supporters of the bill, including advocates for consumer protection in end-of-life services, appreciate the clarity and accountability it brings. They argue that having a clear legal framework for trust fund withdrawals is beneficial for ensuring that individuals' pre-paid funeral arrangements are honored. This perspective is bolstered by the bill's overwhelming support in voting, indicating that it was seen as a necessary reform by legislators.

Contention

Despite the general consensus in favor of the bill, some concerns were raised about the implications for cemetery authorities managing these trusts. Critics argued that increased regulatory burdens could impact smaller operators adversely, as they may struggle with compliance costs associated with the certification process. However, this contention did not prevent the bill from passing through the legislative process, as most lawmakers viewed the benefits of enhanced consumer protections as outweighing potential administrative challenges.

Companion Bills

No companion bills found.

Previously Filed As

LA HB663

Makes various changes to the provisions governing cemetery authorities and merchandise trust funds (EN INCREASE SG EX See Note)

LA HB302

Provides relative to cemetery trust funds

LA SB169

Provides that the principal of merchandise trust funds are exempt from seizure.

LA HB593

Provides relative to cemeteries (EN INCREASE SG EX See Note)

LA HB771

Provides with respect to cemeteries

LA HB785

Provides relative to perpetual cemetery care trust funds created and administered in accordance with the Louisiana Cemetery Act

LA SB128

Cemetery Merchandise Trust Act; modifying definitions. Effective date.

LA SB128

Cemetery Merchandise Trust Act; modifying definitions. Effective date.

LA SB546

Cemetery Merchandise Trust Act; modifying application procedures for permit holders. Effective date.

LA SB546

Cemetery Merchandise Trust Act; modifying application procedures for permit holders. Effective date.

Similar Bills

No similar bills found.