Text: SF02371 Text: SF02373 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2372 1 2 1 3 AN ACT 1 4 RELATING TO CERTAIN PROVIDERS OF CONSUMER SERVICES BY 1 5 ELIMINATING THE REGISTRATION REQUIREMENT FOR PHYSICAL 1 6 EXERCISE CLUBS, MAKING SOCIAL REFERRAL SERVICE PROVIDERS 1 7 SUBJECT TO PROVISIONS RELATING TO DOOR-TO-DOOR SALES, AND 1 8 MAKING PENALTIES APPLICABLE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 552.14, subsection 2, paragraph a, Code 1 13 1999, is amended by striking the paragraph. 1 14 Sec. 2. Section 552.16, subsection 2, Code 1999, is 1 15 amended to read as follows: 1 16 2. If the physical exercise club does not fully open for 1 17 business before the two hundred eleventh day after the date it 1 18 enters into the first physical exercise club contract or if 1 19 the club does not remain fully open for thirty days, the 1 20 buyers whose payments are held in escrow under this section 1 21 shall receive a full refund, including the buyer's pro rata 1 22 share of any interest earned thereon, from the escrow agent. 1 23 Refunds pursuant to this section shall be made not later than 1 24 the two hundred forty-first day after the date the first 1 25 physical exercise club contract was signed. If the escrow 1 26 agent fails to make a full refund as provided for in this 1 27 section, the attorney general shall hold a hearing and 1 28 determine whether the physical exercise club has fully opened 1 29 and has remained open for thirty days, and if not, determine 1 30 those persons who, as buyers, are entitled to a refund and, if 1 31 appropriate, distribute the escrow proceeds. Notice shall be 1 32 provided to the physical exercise club atits place of1 33business as shown on its registration statementthe address 1 34 specified in the contract pursuant to section 552.4 and to all 1 35 buyers who have funds in the escrow account. All hearings 2 1 held under this section shall be held in accordance with 2 2 chapter 17A. 2 3 Sec. 3. Section 555A.1, subsections 3 and 4, Code 1999, 2 4 are amended to read as follows: 2 5 3. a. "Door-to-door sale" means a sale, lease, or rental 2 6 of consumer goods or services with a purchase price of twenty- 2 7 five dollars or more, whether under single or multiple 2 8 contracts, in which the seller or the seller's representative 2 9 personally solicits the sale, including those in response to 2 10 or following an invitation by the buyer, and the buyer's 2 11 agreement or offer to purchase is made at a place other than 2 12 the place of business of the seller. Door-to-door sale does 2 13 not include a transaction: 2 14a.(1) Made pursuant to prior negotiations in the course 2 15 of a visit by the buyer to a retail business establishment 2 16 having a fixed permanent location where the goods are 2 17 exhibited or the services are offered for sale on a continuing 2 18 basis. 2 19b.(2) In which the consumer is accorded the right of 2 20 rescission by the provisions of the Consumer Credit Protection 2 21 Act, 15 U.S.C. } 1635, or rules issued pursuant to this 2 22 chapter. 2 23c.(3) In which the buyer has initiated the contact and 2 24 the goods or services are needed to meet a bona fide immediate 2 25 personal emergency of the buyer, and the buyer furnishes the 2 26 seller with a separate dated and signed personal statement in 2 27 the buyer's handwriting describing the situation requiring 2 28 immediate remedy and expressly acknowledging and waiving the 2 29 right to cancel the sale within three business days. 2 30d.(4) Conducted and consummated entirely by mail or 2 31 telephone; and without any other contact between the buyer and 2 32 the seller or its representative prior to delivery of the 2 33 goods or performance of the services. 2 34e.(5) In which the buyer has initiated the contact and 2 35 specifically requested the seller to visit the buyer's home 3 1 for the purpose of repairing or performing maintenance upon 3 2 the buyer's personal property. If in the course of such a 3 3 visit, the seller sells the buyer the right to receive 3 4 additional services or goods other than replacement parts 3 5 necessarily used in performing the maintenance or in making 3 6 the repairs, the sale of those additional goods or services 3 7 would not fall within this exclusion. 3 8f.(6) Pertaining to the sale or rental of real property, 3 9 to the sale of insurance and prepaid health service plans, or 3 10 to the sale of securities or commodities by a broker-dealer 3 11 registered with the securities and exchange commission. 3 124.b. "Door-to-door sale", irrespective of the place or 3 13 manner of sale, also meansathe following: 3 14 (1) A sale of funeral services or funeral merchandise 3 15 regulated under chapter 523A, irrespective of the place or3 16manner of sale. 3 17 (2) A sale of a social referral service or an ancillary 3 18 service. For purposes of this subparagraph, "social referral 3 19 service" means a service for a fee providing matching or 3 20 introduction of individuals for the purpose of dating, 3 21 matrimony, or general social contact not otherwise prohibited 3 22 by law, and "ancillary service" means goods or services 3 23 directly or indirectly related to or to be provided in 3 24 connection with a social referral service. 3 25 Sec. 4. Section 552.15, Code 1999, is repealed. 3 26 3 27 3 28 3 29 MARY E. KRAMER 3 30 President of the Senate 3 31 3 32 3 33 3 34 BRENT SIEGRIST 3 35 Speaker of the House 4 1 4 2 I hereby certify that this bill originated in the Senate and 4 3 is known as Senate File 2372, Seventy-eighth General Assembly. 4 4 4 5 4 6 4 7 MICHAEL E. MARSHALL 4 8 Secretary of the Senate 4 9 Approved , 2000 4 10 4 11 4 12 4 13 THOMAS J. VILSACK 4 14 Governor
Text: SF02371 Text: SF02373 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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