HF 4246

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to funerals; excluding travel protection agreements to certain provisions;
amending Minnesota Statutes 2022, sections 149A.02, subdivisions 3b, 23, by
adding a subdivision; 149A.97, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 149A.02, subdivision 3b, is amended to read:

Subd. 3b.

Burial site services.

"Burial site services" means any services sold or offered
for sale directly to the public for use in connection with the final disposition of a dead human
body new text begin but does not include services provided under a transportation protection agreement new text end .

Sec. 2.

Minnesota Statutes 2022, section 149A.02, subdivision 23, is amended to read:

Subd. 23.

Funeral services.

new text begin (a) new text end "Funeral services" means any services which may be
used to: (1) care for and prepare dead human bodies for burial, alkaline hydrolysis, cremation,
or other final disposition; and (2) arrange, supervise, or conduct the funeral ceremony or
the final disposition of dead human bodies.

new text begin (b) Funeral service does not include a travel protection agreement.
new text end

Sec. 3.

Minnesota Statutes 2022, section 149A.02, is amended by adding a subdivision to
read:

new text begin Subd. 38a. new text end

new text begin Transportation protection agreement. new text end

new text begin "Transportation protection agreement"
means an agreement that is primarily for the purpose of transportation and subsequent
transportation of the remains of a dead human body.
new text end

Sec. 4.

Minnesota Statutes 2022, section 149A.97, subdivision 2, is amended to read:

Subd. 2.

Scope and requirements.

This section shall not apply to new text begin a travel protection
agreement or to new text end any funeral goods or burial site goods purchased and delivered, either at
purchase or within a commercially reasonable amount of time thereafter. When prior to the
death of any person, that person or another, on behalf of that person, enters into any
transaction, makes a contract, or any series or combination of transactions or contracts with
a funeral provider lawfully doing business in Minnesota, other than an insurance company
licensed to do business in Minnesota selling approved insurance or annuity products, by
the terms of which, goods or services related to the final disposition of that person will be
furnished at-need, then the total of all money paid by the terms of the transaction, contract,
or series or combination of transactions or contracts shall be held in trust for the purpose
for which it has been paid. The person for whose benefit the money was paid shall be known
as the beneficiary, the person or persons who paid the money shall be known as the purchaser,
and the funeral provider shall be known as the depositor.