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| 1 | AMENDMENT TO SENATE BILL 1464
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1464 on page 5, | ||||||
| 3 | immediately below line 10, by inserting the following:
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| 4 | "(9.5) funds on deposit or held in trust pursuant to | ||||||
| 5 | Section 16 of the Pre-Need Cemetery Sales Act attributable | ||||||
| 6 | to undelivered cemetery merchandise and unperformed | ||||||
| 7 | cemetery services, including undistributed interest earned | ||||||
| 8 | thereon, 2 years after the earlier of: | ||||||
| 9 | (A) the later of: | ||||||
| 10 | (i) the date the seller in the ordinary course | ||||||
| 11 | of its business receives notice or an indication of | ||||||
| 12 | the death of the beneficiary; or | ||||||
| 13 | (ii) 10 years after the death of the | ||||||
| 14 | beneficiary if the beneficiary is cremated and the | ||||||
| 15 | purchaser or the heir or assign, or a duly | ||||||
| 16 | authorized representative of the purchaser or the | ||||||
| 17 | beneficiary, has not indicated an interest in the | ||||||
| 18 | trust funds; | ||||||
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| 1 | (B) the date the beneficiary has attained, or would | ||||||
| 2 | have attained if living, the age of 105 if both the | ||||||
| 3 | trustee and the seller do not know whether the | ||||||
| 4 | beneficiary is deceased; or | ||||||
| 5 | (C) 50 years after the pre-need contract was | ||||||
| 6 | executed, unless the purchaser or the heir or assign, | ||||||
| 7 | or a duly authorized representative of the purchaser or | ||||||
| 8 | the beneficiary, has indicated an interest in the | ||||||
| 9 | property more than 50 years after the pre-need contract | ||||||
| 10 | was executed, in which case, 3 years after the last | ||||||
| 11 | indication of interest by the purchaser or the heir or | ||||||
| 12 | assign, or a duly authorized representative of the | ||||||
| 13 | purchaser or the beneficiary;"; and | ||||||
| 14 | on page 9, immediately below line 16, by inserting the | ||||||
| 15 | following: | ||||||
| 16 | "Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.".
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