(a) Each licensee shall pay a fee of $5 out of the funds received for each pre-need
contract sold and shall forward this sum to the Comptroller semi-annually within 30
days of the end of June and December. Fees collected under this Section shall be deposited into the Pre-need Funeral Consumer
Protection Fund, which is hereby created as a special fund in the State treasury. Moneys in the Fund may be expended for the purposes specified in subsection (b)
and to purchase insurance to cover losses guaranteed by the Fund.
(b) In the event that the purchaser is unable to receive the benefits of his or her
pre-need contract or to receive the funds due by reason of cancellation of the contract,
the purchaser may apply to the Comptroller on a form prescribed by the Comptroller
for restitution from the Pre-need Funeral Consumer Protection Fund. Upon a finding by the Comptroller that the benefits or return of payment is not
available to the purchaser, the Comptroller may cause restitution to be paid to the
purchaser from the Pre-need Funeral Consumer Protection Fund.
(c) In all such cases where a purchaser is paid restitution from the Fund, the Comptroller
shall be subrogated to that purchaser's claims against the licensee for all amounts
paid from the Fund. If the licensee's liability for default is subsequently proven, any award made by
a court of law shall be made payable to the Pre-need Funeral Consumer Protection Fund
up to the amount paid to the purchaser from the Fund and the Comptroller shall request
that the Attorney General engage in all reasonable post-judgment collection steps
to collect such claims from the judgment debtor and reimburse the Fund.
(d) The Fund shall not be applied toward any restitution for losses in any lawsuit
initiated by the Attorney General or Comptroller or with respect to any claim made
on a pre-need contract that occurred prior to the effective date of this amendatory
Act of the 96th General Assembly.
(e) Notwithstanding any other provision of this Section, the payment of restitution
from the Fund shall be a matter of grace and not of right and no purchaser shall have
any vested right in the Fund as a beneficiary or otherwise.
(f) The Fund may not be allocated for any purpose other than that specified in this
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