HLS 13RS-740 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 176
BY REPRESENTATIVE RITCHIE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CEMETERIES: Provides relative to withdrawals from cemetery merchandise trust funds
AN ACT1
To amend and reenact R.S. 8:503(A), relative to cemetery merchandise trusts; to provide for2
withdrawals; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 8:503(A) is hereby amended and reenacted to read as follows: 5
ยง503. Withdrawals from trust6
A. The funds shall be held in trust both as to principal and income earned7
thereon, and shall remain intact, except that the costs of operation of the trust may8
be deducted from the income earned thereon, until delivery of the personal property9
is made or the services are performed by the cemetery authority or other entity or10
until the death of the person for whose benefit the said contract was made. Upon11
delivery of said personal property or performance of the services, the cemetery12
authority or other entity shall certify such delivery or performance to the trustee and13
the amount of money plus income on deposit with trustee to the credit of that14
particular contract. Upon such certification, or in case of death prior to such15
certification, and upon submission of a certified copy of a death certificate16
documentation as required by rules and regulations promulgated by the board, the17
amount of money on deposit to the credit of each particular contract, including18
principal and income earned thereon, shall be forthwith paid to the cemetery19 HLS 13RS-740 ORIGINAL
HB NO. 176
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
authority or other entity. The trustee may rely upon all such certifications herein1
required to be made and shall not be liable to anyone for such reliance. 2
* * *3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ritchie HB No. 176
Abstract: Allows for withdrawals from a cemetery merchandise trust fund upon submission
of documentation required by rules and regulations promulgated by the board instead
of upon submission of a death certificate.
Present law allows for the entering into of merchandise trust funds for the sale of personal
property or services to be used in a cemetery in connection with the disposing of or
commemorating the memory of a deceased person and provides for the regulation of such
merchandise trust funds.
Present law further allows for withdrawals from merchandise trust funds upon certification
by the cemetery authority or other entity of the delivery of the property or performance of
the service. Provides that in the case of death prior to such certification, withdrawals can
be made upon submission of a certified copy of a death certificate.
Proposed law retains present law except instead of requiring submission of a certified copy
of a death certificate, withdrawals can be made upon submission of documentation required
by rules and regulations promulgated by the board.
(Amends R.S. 8:503(A))