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PAG LIN 1 1 Section 1. Section 523A.2, subsection 1, paragraph c, Code 1 2 Supplement 1995, is amended by adding the following new 1 3 unnumbered paragraph: 1 4 NEW UNNUMBERED PARAGRAPH. The commissioner, by rule, may 1 5 waive receipt of any or all of the information listed in this 1 6 lettered paragraph and adopt a shorter form of annual report. 1 7 The shorter form may be used for all establishments or for 1 8 establishments meeting specified criteria. If the 1 9 commissioner does adopt a shorter form of annual report, the 1 10 commissioner shall retain the authority to require all of the 1 11 information listed above for audit purposes or otherwise. The 1 12 commissioner may accept annual reports submitted in an 1 13 electronic format, such as computer diskettes. 1 14 Sec. 2. Section 523A.2, subsection 1, paragraph d, Code 1 15 Supplement 1995, is amended to read as follows: 1 16 d. A financial institution referred to in paragraph "a" 1 17 shall file notice with the commissioner of all funds deposited 1 18 under the trust agreement. The notice shall be on forms 1 19 prescribed by the commissioner and shall be filed not later 1 20 than March 1 of each year. Each notice shall contain the 1 21 required information for all deposits made during the previous 1 22 calendar year. Forms may be obtained from the commissioner. 1 23 The commissioner may accept annual reports submitted in an 1 24 electronic format, such as computer diskettes. 1 25 Sec. 3. Section 523A.10, subsections 4 and 5, Code 1995, 1 26 are amended to read as follows: 1 27 4. The permit shall be deemed effective upon filing the 1 28 application with the commissioner. The permit shall disclose 1 29 on its face the permit holder's employer or the establishment 1 30 on whose behalf the applicant will be making or attempting to 1 31 make sales, the permit number, and the expiration date.AAn 1 32 initial permit under this section shall expire one year from 1 33 the date the application is filed. The permit may be renewed 1 34 for a period of four years. 1 35 5. The initial application fee shall be five dollars. The 2 1 renewal fee shall be twenty dollars. 2 2 Sec. 4. Section 523A.11, Code 1995, is amended by adding 2 3 the following new subsection: 2 4 NEW SUBSECTION. 1A. Notwithstanding chapter 22, keep 2 5 confidential the information obtained in the course of an 2 6 investigation. However, if the commissioner determines that 2 7 it is necessary or appropriate in the public interest or for 2 8 the protection of the public, the commissioner may share 2 9 information with other regulatory authorities or governmental 2 10 agencies, or may publish information concerning a violation of 2 11 this chapter or a rule or order under this chapter. 2 12 Sec. 5. Section 523A.12, subsection 1, Code 1995, is 2 13 amended by adding the following new paragraph: 2 14 NEW PARAGRAPH. f. The permit holder is found to have sold 2 15 the establishment and has not filed notice of the sale with 2 16 the commissioner prior to the sale. The permit shall be 2 17 revoked thirty days following such sale. 2 18 Sec. 6. Section 523A.14, Code 1995, is amended to read as 2 19 follows: 2 20 523A.14 INJUNCTIONS. 2 21 The attorney general or the commissioner may apply to the 2 22 district court in any county of the state for an injunction to 2 23 restrain a person subject to this chapter and any agents, 2 24 employees, or associates of the person from engaging in 2 25 conduct or practices deemed contrary to the public interest. 2 26 In any proceeding for an injunction, the attorney general or 2 27 the commissioner may apply to the court for the issuance of a 2 28 subpoena to require the appearance of a defendant and the 2 29 defendant's agents and any documents, books, and records 2 30 germane to the hearing upon the petition for an injunction. 2 31 Upon proof of any of the offenses described in the petition 2 32 for injunction the court may grant the injunction. 2 33 Sec. 7. Section 523A.19, subsection 2, Code 1995, is 2 34 amended to read as follows: 2 35 2. The attorney general or the commissioner may apply to 3 1 the district court in any county of the state for a 3 2 receivership. Upon proof of any of the grounds for a 3 3 receivership described in this section, the court may grant a 3 4 receivership. 3 5 Sec. 8. Section 523B.8, subsections 1 and 4, Code 1995, 3 6 are amended to read as follows: 3 7 1. If it appears to the administrator that a person has 3 8 engaged, is engaging, or is about to engage in any act or 3 9 practice constituting a violation of this chapter or a rule or 3 10 order adopted or issued under this chapter, the administrator 3 11 may issue an order directed at the person requiring the person 3 12 to cease and desist from engaging in the act or practice. The 3 13 person named in the order may, within fourteen daysafter3 14receiptof the date of the order, file a written request for a 3 15 hearing. The hearing shall be held in accordance with chapter 3 16 17A. 3 17 Any consent agreement between the administrator and the 3 18 seller may be filed in the miscellaneous docket of the clerk 3 19 of the district court. 3 20 4. If it appears to the administrator that a person has 3 21 engaged, is engaged, or is about to engage in any act or 3 22 practice constituting a violation of this chapter, or of a 3 23 rule or order adopted or issued under this chapter, the 3 24 administrator may take either or both of the following 3 25 actions: 3 26 a. Notify the attorney general who shall bring an action 3 27 in the district court to enjoin the acts or practices 3 28 constituting the violation and to enforce compliance with this 3 29 chapter or any rule or order adopted or issued pursuant to 3 30 this chapter. Upon a proper showing a permanent or temporary 3 31 injunction shall be granted and a receiver or conservator may 3 32 be appointed for the defendant or the defendant's assets. 3 33 b.Sue on behalf of a purchaser to enforce the purchaser's3 34rights.Bring an action in district court. Upon proper 3 35 showing by the administrator, the court may enter an order of 4 1 rescission, restitution, or disgorgement, as well as 4 2 prejudgment and postjudgment interest, directed at any person 4 3 who has engaged in an act constituting a violation of this 4 4 chapter. The administrator shall not be required to post 4 5 bond. 4 6 Sec. 9. Section 523B.8, Code 1995, is amended by adding 4 7 the following new subsection: 4 8 NEW SUBSECTION. 2A. Notwithstanding chapter 22, keep 4 9 confidential the information obtained in the course of an 4 10 investigation. However, if the administrator determines that 4 11 it is necessary or appropriate in the public interest or for 4 12 the protection of the public, the administrator shall share 4 13 information with other regulatory authorities or governmental 4 14 agencies, or may publish information concerning a violation of 4 15 this chapter or a rule or order under this chapter. 4 16 Sec. 10. Section 523C.16, Code 1995, is amended by adding 4 17 the following new subsection: 4 18 NEW SUBSECTION. 5. A service contract, guarantee or 4 19 warranty issued by a manufacturer, third party or retail 4 20 company, covering the repair, maintenance or replacement of 4 21 individual appliances and other individual items of 4 22 merchandise marketed and sold by a retail company, in the 4 23 ordinary course of business. 4 24 Sec. 11. Section 523E.2, subsection 1, paragraph c, Code 4 25 Supplement 1995, is amended by adding the following new 4 26 unnumbered paragraph: 4 27 NEW UNNUMBERED PARAGRAPH. The commissioner, by rule, may 4 28 waive receipt of any or all of the information listed in this 4 29 lettered paragraph and adopt a shorter form of annual report. 4 30 The shorter form may be used for all establishments or for 4 31 establishments meeting specified criteria. If the 4 32 commissioner does adopt a shorter form of annual report, the 4 33 commissioner shall retain the authority to require all of the 4 34 information listed above for audit purposes or otherwise. The 4 35 commissioner may accept annual reports submitted in an 5 1 electronic format, such as computer diskettes. 5 2 Sec. 12. Section 523E.2, subsection 1, paragraph d, Code 5 3 Supplement 1995, is amended to read as follows: 5 4 d. A financial institution referred to in paragraph "a" 5 5 shall file notice with the commissioner of all funds deposited 5 6 under the trust agreement. The notice shall be on forms 5 7 prescribed by the commissioner and shall be filed not later 5 8 than March 1 of each year. Each notice shall contain the 5 9 required information for all deposits made during the previous 5 10 calendar year. Forms may be obtained from the commissioner. 5 11 The commissioner may accept annual reports submitted in an 5 12 electronic format, such as computer diskettes. 5 13 Sec. 13. Section 523E.10, subsections 3 and 4, Code 1995, 5 14 are amended to read as follows: 5 15 3. The permit shall be deemed effective upon filing the 5 16 application with the commissioner. The permit shall disclose 5 17 on its face the permit holder's employer or the establishment 5 18 on whose behalf the applicant will be making or attempting to 5 19 make sales, the permit number, and the expiration date.AAn 5 20 initial permit under this section shall expire one year from 5 21 the date the application is filed. The permit may be renewed 5 22 for a period of four years. 5 23 4. The initial application fee shall be five dollars and 5 24 the renewal fee shall be twenty dollars; provided, however, 5 25 that if an applicant also applies for or has a permit under 5 26 section 523A.10, no additional fee shall be required under 5 27 this subsection. 5 28 Sec. 14. Section 523E.11, Code 1995, is amended by adding 5 29 the following new subsection: 5 30 NEW SUBSECTION. 1A. Notwithstanding chapter 22, keep 5 31 confidential the information obtained in the course of an 5 32 investigation. However, if the commissioner determines that 5 33 it is necessary or appropriate in the public interest or for 5 34 the protection of the public, the commissioner may share 5 35 information with other regulatory authorities or governmental 6 1 agencies, or may publish information concerning a violation of 6 2 this chapter or a rule or order under this chapter. 6 3 Sec. 15. Section 523E.12, subsection 1, Code 1995, is 6 4 amended by adding the following new paragraph: 6 5 NEW PARAGRAPH. f. The permit holder is found to have sold 6 6 the establishment and has not filed notice of the sale with 6 7 the commissioner prior to the sale. The permit shall be 6 8 revoked thirty days following such sale. 6 9 Sec. 16. Section 523E.14, Code 1995, is amended to read as 6 10 follows: 6 11 523E.14 INJUNCTIONS. 6 12 The attorney general or the commissioner may apply to the 6 13 district court in any county of the state for an injunction to 6 14 restrain a person subject to this chapter and any agents, 6 15 employees, or associates of the person from engaging in 6 16 conduct or practices deemed contrary to the public interest. 6 17 In any proceeding for an injunction, the attorney general or 6 18 the commissioner may apply to the court for the issuance of a 6 19 subpoena to require the appearance of a defendant and the 6 20 defendant's agents and any documents, books, and records 6 21 germane to the hearing upon the petition for an injunction. 6 22 Upon proof of any of the offenses described in the petition 6 23 for injunction the court may grant the injunction. 6 24 Sec. 17. Section 523E.19, subsection 2, Code 1995, is 6 25 amended to read as follows: 6 26 2. The attorney general or the commissioner may apply to 6 27 the district court in any county of the state for a 6 28 receivership. Upon proof of any of the grounds for a 6 29 receivership described in this section, the court may grant a 6 30 receivership. 6 31 Sec. 18. Section 523I.3, subsections 2 and 3, Code 6 32 Supplement 1995, are amended to read as follows: 6 33 2. Applications for a permit shall be made to and filed 6 34 with the commissioner on forms approved by the commissioner 6 35and accompanied by a filing fee of twenty dollars. If the 7 1 application contains the following information, the 7 2 commissioner shall issue the license: 7 3 a. The name and principal address of the applicant. 7 4 b. The identity of the applicant's owner or owners. 7 5 c. Evidence of a trust fund for cemetery maintenance and 7 6 care in compliance with section 566A.3 or 566A.4. 7 7 3. Each permit issued under this chapter shall expire on 7 8 June 30 of the fourth year following the date of issuance. 7 9 Sec. 19. Section 566A.3, unnumbered paragraph 1, Code 7 10 Supplement 1995, is amended to read as follows: 7 11AnyExcept for political subdivisions of the state, any 7 12 such organization subject to the provisions of this chapter 7 13 which is organized or commences business in the state of Iowa 7 14 after July 4, 1953 and desires to operate as a perpetual care 7 15 cemetery shall, before selling or disposing of any interment 7 16 space or lots, establish a minimum perpetual care and 7 17 maintenance guarantee fund of twenty-five thousand dollars in 7 18 cash. The perpetual care and maintenance guarantee fund shall 7 19 be permanently set aside in trust to be administered under the 7 20 jurisdiction of the district court of the county wherein the 7 21 cemetery is located. Notwithstanding chapter 633, annual 7 22 reports shall not be required unless specifically required by 7 23 the district court. Reports shall be filed as necessary to 7 24 approve trustees, trust agreements and amendments, changes in 7 25 fees or expenses, and other matters within the district 7 26 court's jurisdiction. The district court so having 7 27 jurisdiction shall have full jurisdiction over the approval of 7 28 trustees, reports and accounting of trustees, amount of surety 7 29 bond required, and investment of funds. Only the income from 7 30 such fund shall be used for the care and maintenance of the 7 31 cemetery for which it was established. 7 32 Sec. 20. Sections 523A.23 and 523E.22, Code Supplement 7 33 1995, are repealed. 7 34 EXPLANATION 7 35 This bill amends provisions relating to the regulatory 8 1 authority of the division of insurance over prearranged 8 2 funeral contracts, cemeteries, and business opportunities. 8 3 Section 523A.2 is amended to provide that the commissioner 8 4 may waive the receipt of information identified in that 8 5 section to be included in the annual report of a person 8 6 selling funeral services and merchandise under an agreement. 8 7 The section is also amended to allow the annual report to be 8 8 submitted in an electronic format as approved by the 8 9 commissioner. 8 10 Section 523A.10 is amended to provide that the renewal time 8 11 period for a sales permit required for a person to enter into 8 12 an agreement to furnish upon the death of a person funeral 8 13 services or merchandise is four years. The time period for 8 14 the initial sales permit is one year. The renewal permit fee 8 15 is established at $20. 8 16 Section 523A.11 is amended to provide that the attorney 8 17 general or commissioner may keep confidential the information 8 18 obtained in the course of an investigation under chapter 523A. 8 19 The commissioner may share such information with other 8 20 regulatory authorities or governmental agencies, or publish 8 21 such information if the commissioner determines that such 8 22 disclosure is in the public interest. 8 23 Section 523A.12 is amended to provide that a permit issued 8 24 under chapter 523A is revoked 30 days following a sale of the 8 25 establishment providing funeral services or funeral 8 26 merchandise, if prior notice of the sale is not filed with the 8 27 commissioner. 8 28 Section 523A.14 is amended to authorize the commissioner to 8 29 seek an injunction or subpoena under chapter 523A. 8 30 Section 523A.19 is amended to authorize the commissioner to 8 31 apply to the district court for a receivership. 8 32 Section 523B.8, relating to the powers of the administrator 8 33 with respect to business opportunity promotions, is amended to 8 34 permit a person receiving a cease and desist order from the 8 35 administrator to file a written request for a hearing within 9 1 14 days of the date of the order rather than 14 days after 9 2 receipt of the order. The section is amended to provide that 9 3 the administrator may bring an action in district court and 9 4 seek an order of rescission, or disgorgement, including 9 5 prejudgment and postjudgment interest. The section is also 9 6 amended to provide that the attorney general or commissioner 9 7 may keep confidential the information obtained in the course 9 8 of an investigation under chapter 523B. The commissioner may 9 9 share such information with other regulatory authorities or 9 10 governmental agencies, or publish such information if the 9 11 commissioner determines that such disclosure is in the public 9 12 interest. 9 13 Section 523C.16 is amended to exclude from the provisions 9 14 of chapter 523C, a service contract, guarantee, or warranty 9 15 issued by a manufacturer, third party, or retail company, 9 16 which covers the repair, maintenance, or replacement of 9 17 individual appliances or items of merchandise, which is sold 9 18 in the ordinary course of a business. 9 19 Section 523E.2 is amended to provide that the commissioner 9 20 may waive the receipt of information identified in that 9 21 section to be included in the annual report of a person 9 22 selling cemetery merchandise under an agreement. The section 9 23 is also amended to allow the annual report to be submitted in 9 24 an electronic format as approved by the commissioner. 9 25 Section 523E.10 is amended to provide that the renewal time 9 26 period for a sales permit required for a person to enter into 9 27 an agreement to furnish upon the death of a person funeral 9 28 services or merchandise is four years. The time period for 9 29 the initial sales permit is one year. The renewal permit fee 9 30 is established at $20. 9 31 Section 523E.11 is amended to provide that the attorney 9 32 general or commissioner may keep confidential the information 9 33 obtained in the course of an investigation under chapter 523E. 9 34 The commissioner may share such information with other 9 35 regulatory authorities or governmental agencies, or publish 10 1 such information if the commissioner determines that such 10 2 disclosure is in the public interest. 10 3 Section 523E.12 is amended to provide that a permit issued 10 4 under chapter 523E is revoked 30 days following a sale of the 10 5 establishment providing cemetery merchandise, if prior notice 10 6 of the sale is not filed with the commissioner. 10 7 Section 523E.14 is amended to authorize the commissioner to 10 8 seek an injunction or subpoena under chapter 523E. 10 9 Section 523E.19 is amended to authorize the commissioner to 10 10 apply to the district court for a receivership. 10 11 Section 523I.3, which relates to the permit requirements 10 12 for perpetual care cemeteries, is amended to strike the $20 10 13 permit fee and extend the period of validity of a permit from 10 14 one to four years. 10 15 Sections 523A.23 and 523E.22 are repealed. These sections 10 16 require that a seller of funeral services and merchandise and 10 17 a seller of cemetery merchandise are to maintain a fidelity 10 18 bond or insurance policy covering losses resulting from a 10 19 dishonest or fraudulent acts committed by employees of the 10 20 seller which cause a loss, theft, or misappropriation of cash, 10 21 property, or a negotiable instrument submitted to the seller 10 22 pursuant to an agreement for the purchase of such services and 10 23 merchandise. 10 24 Section 566A.3 is amended to exclude political subdivisions 10 25 which operate a perpetual care cemetery from the requirement 10 26 of establishing a minimum perpetual care and maintenance 10 27 guarantee fund of $25,000. The section is also amended to 10 28 provide that annual reports concerning the guarantee fund are 10 29 not required unless specifically required by the district 10 30 court. 10 31 LSB 3304SV 76 10 32 mj/jj/8
Text: SF02465 Text: SF02467 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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