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27-17A-10
Section 27-17A-10 Certificate required. (a) No person may sell a preneed contract without first
having a valid certificate of authority. (b)(1) No person may receive any funds for payment
on a preneed contract who does not hold a valid certificate of authority. (2) Any preneed
transaction in which a buyer pays to the seller before need, in whole or in part, a purchase
price for funeral or cemetery merchandise and services, and in which the seller is not obligated
to deliver the contracted for merchandise or to perform the services until need, in whole
or in part, shall be evidenced by a written preneed contract satisfying the requirements of
this chapter and signed by the seller and the purchaser. No person may receive or accept any
form of consideration in such a transaction without a fully signed written preneed contract.
A transaction not evidenced by a signed written preneed contract shall be voidable at the
election of the buyer and, if such election is made, the seller shall...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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27-14-3
Section 27-14-3 Insurable interest - Personal insurance; preneed contracts. (a) Insurable interest
with reference to personal insurance is an interest based upon a reasonable expectation of
pecuniary advantage through the continued life, health, or bodily safety of another person
and consequent loss by reason of his or her death or disability or a substantial interest
engendered by love and affection in the case of individuals closely related by blood or by
law. (b) An individual has an unlimited insurable interest in his or her own life, health,
and bodily safety and may lawfully take out a policy of insurance on his or her own life,
health, or bodily safety and have the same made payable to whomsoever he or she pleases, regardless
of whether the beneficiary so designated has an insurable interest. (c) A corporation, foreign
or domestic, has an insurable interest in the life or physical or mental ability of any of
its directors, officers, or employees, or the directors, officers, or...
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27-15-52
Section 27-15-52 Definitions. The following terms shall have the following meanings: (1) COMMERCIALLY
REASONABLE EFFORT. The plans, processes, or procedures necessary to confirm the death of the
insured, contract owner or annuitant, or retained asset account holder against other available
records and information and, as applicable, to locate the beneficiary or beneficiaries or
other person entitled to payment pursuant to the terms of the policy or contract which have
been developed by each insurer and submitted to and approved by the department. (2) CONTRACT.
An annuity contract. The term contract shall not include an annuity used to fund an employment-based
retirement plan or program where the insurer is not committed by terms of the annuity contract
to pay death benefits to the beneficiaries of specific plan participants. (3) DEATH MASTER
FILE. The United States Social Security Administration's Death Master File or any other database
or service that is at least as comprehensive as...
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27-17A-31
Section 27-17A-31 Deposits into trust; trustee responsibilities; interests in funds. (a) Any
person who is paid, collects, or receives funds under a preneed contract for funeral services
or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal
to the sum of 75 percent of the amount collected on the purchase price for all funeral services
and funeral merchandise sold, transportation, and facilities rented other than outer burial
containers, 60 percent of the amount collected on the purchase price for outer burial containers,
110 percent of the wholesale cost of memorials from the amount collected on the purchase price
of memorials, and 100 percent of the amount collected on the purchase price for all cash advance
items sold. (b) All deposits shall be made within 30 days after the end of the calendar month
in which the preneed contract is paid in full, unless, prior to that time, all liabilities
of the seller under the preneed contract to deliver the...
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27-17A-13
Section 27-17A-13 Monies to be placed in trust; compliance by pre-existing preneed contracts.
(a) Except as provided in Sections 27-17A-3 and 27-17A-14, every preneed contract shall require
the monies paid to the seller or trustee to be placed in trust in accordance with Article
3, for funeral merchandise and services sold by funeral establishments or third party sellers,
or Article 4, for cemetery merchandise and services sold by cemetery authorities. (b) Although
this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed
provider which contends that a preneed trust fund which was in effect prior to May 1, 2002,
complies with this chapter with respect to the contracts entered into prior to May 1, 2002,
may provide to the commissioner documentary proof thereof. Upon the commissioner determining
that compliance has been established, the pre-existing preneed trust fund assets may be merged
with or into the trust fund required under this chapter or...
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27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid by the
purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
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27-12-12
Section 27-12-12 Life, annuity, and disability insurance - Agreements not expressed in contract,
rebates, and other inducements. (a) No person shall knowingly permit or offer to make, or
make, any contract of life insurance, annuity or disability insurance or agreement as to such
contract other than as plainly expressed in the contract issued thereon, or pay or allow,
or give or offer to pay, allow or give, directly or indirectly, as an inducement to such insurance
or annuity any rebate of premiums payable on the contract, or any special favor or advantage
in the dividends or other benefits thereon, or any paid employment or contract for services
of any kind, or any valuable consideration or inducement whatever not specified in the contract,
or, directly or indirectly, give, or sell, or purchase, or offer, or agree to give, sell,
purchase, or allow as inducement to such insurance or annuity or in connection therewith,
and whether or not to be specified in the policy or contract, any...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority necessary
to implement the purposes of this part, including, but not limited to, the authority necessary
to do all of the following: (1) Create or remove employment positions, set or alter pay scales,
employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity bonds for
the faithful performance of the duties of personnel. Any employment practices shall be in
accordance with applicable state and federal law. (2) Provide support and administrative services
for Lee County court referral officer programs, drug courts, district court probation, and
other alternative sentencing programs. The services may include, but not be limited to, providing
drug and alcohol evaluation, assessments, treatment, case management, personnel, drug and
alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol monitoring,
and supervision of those participating in the program. (3)...
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