72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 199
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Department of Consumer and Business Services)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to prepaid funeral services; amending ORS 97.929.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 97.929 is amended to read:
  97.929. (1) The provisions of ORS 97.923 to 97.949, 97.992,
97.994 and 692.180 do not apply to:
  (a) Agreements to sell or sales of graves, crypts or niches
where such graves, crypts or niches are in existence at the time
of the sale or agreement to sell and are located in an endowment
care cemetery as defined in ORS 97.810.
  (b) Agreements to sell or sales of crypts or niches where such
crypts or niches are not in existence at the time of the sale or
agreement to sell and are to be located in an endowment care
cemetery, provided that:
  (A) Thirty-five percent of the sales price of each crypt or
niche described in this paragraph is deposited in accordance with
the provisions of ORS 97.937; or
  (B) Such endowment care cemetery deposits a bond with a
corporate surety authorized to do business in this state, or an
irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008. The bond or letter of credit shall be in
an amount equal to 35 percent of the total sales price of all
crypts or niches described in this paragraph that have been sold
by the endowment care cemetery and that have not yet been
completed.
  (c) Agreements to sell or sales of burial vaults or markers for
installation in an endowment care cemetery, provided that:
  (A) Sixty-six and two-thirds percent of the sale price of such
vaults or markers is deposited in accordance with the provisions
of ORS 97.937;
  (B) Such endowment care cemetery is at the time of the sale or
agreement to sell and for not less than 24 months before such
sale or agreement has been in continuous operation as an
endowment care cemetery and has assumed the obligation to supply
and install the vault or marker and maintain it as part of its
endowment care program; and
  (C) Such endowment care cemetery deposits with the Director of
the Department of Consumer and Business Services:
 
 
 
Enrolled Senate Bill 199 (SB 199-INTRO)                    Page 1
 
 
 
  (i) A bond in a form approved by the director in the amount of
$10,000 issued by a corporate surety authorized to do business in
this state; or
  (ii) An irrevocable letter of credit in a form approved by the
director in the amount of $10,000 issued by an insured
institution, as defined in ORS 706.008.
  (2)   { - Any person having - }  { +  Notwithstanding the
exception provided in subsection (1) of this section, a person
who would otherwise have + } a claim against a certified
provider, a master trustee or a salesperson under the provisions
of ORS 97.923 to 97.949 or ORS chapter 692 shall have a right
against the bond or letter of credit   { - provided for - }  { +
described + } in subsection (1)(b) and (c) of this section.
                         ----------
 
 
Passed by Senate February 6, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 19, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 199 (SB 199-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 199 (SB 199-INTRO)                    Page 3