WILLIAM DONALD SCHAEFER, Governor Ch. 489

amount of funds received by the seller during the prior year that are subject to the
deposit requirements of this section; the amount of funds actually deposited; the name
and address of the trustee; and which shall be accompanied by a fee of $25. Each seller
which intends to discontinue the sale of preneed goods and services shall advise the
Secretary when filing the required report for the year in which such sales are
discontinued.

(e) Any trust created pursuant to this section shall be a single purpose trust.
Trust funds shall not be available to any creditor as assets of the seller.

(f) The trustee may rely upon all certifications made pursuant to or required by
the provisions of this section, and shall not be liable to any person for such reliance.

(g) The seller, upon notification in writing to the trustee, and upon the terms
and conditions as the agreement between them may specify, may transfer the seller's
account to any other trustee qualified under the provisions of this section to administer
the trust funds. The trustee, upon notification in writing to the seller, and upon the
terms and conditions as the agreement between them may specify, may transfer the
seller's account to any other trustee qualified under the provisions of this section to
administer the trust funds.

(h) A preneed burial contract shall be executed in duplicate, dated, and a signed
copy given to the purchaser. The contract shall contain the names of the purchaser, the
seller, and any other individual, if other than the purchaser, who is to receive the goods
and services contracted for and a description of the goods and services and the amount
of the purchaser's financial obligation. A preneed burial contract may provide that
delivery of goods may be accomplished by any of the following:

(1) The transfer of physical possession of identified goods to the purchaser
or an individual designated by the purchaser;

(2) The affixing or attaching of identified goods to a designated interment
space;

(3) The seller has paid for and is storing suitably identified goods marked
with the name of the buyer and supported by verifiable records of the sale at the
cemetery or other location of the seller until needed; or

(4) The supplier of the identified goods has caused title to such goods to
be transferred to the purchaser or an individual designated by the purchaser and agreed
in writing to ship such goods at the direction of the purchaser or an individual
designated by the purchaser. If no such provision for delivery of goods is set forth in a
preneed burial contract, compliance with the provisions of items (1) and (2) hereof shall
be deemed to constitute delivery in accordance with the terms in this section.
Notwithstanding any provision in the preneed burial contract, identified services shall
not be deemed to have been performed until performance has actually occurred.

(i) The specific funds shall remain intact and not be disbursed by the trustee
until delivery is made or services are performed as specified in the preneed burial
contract or as provided in this section. The trustee may invest trust funds in any

- 2085 -