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Senate Study Bill 1200

Bill Text

PAG LIN
  1  1                          SUBCHAPTER 1
  1  2                   SHORT TITLE AND DEFINITIONS
  1  3    Section 1.  NEW SECTION.  523A.101  SHORT TITLE.
  1  4    This chapter may be cited as the "Iowa Cemetery and Funeral
  1  5 Merchandise and Funeral Services Act".
  1  6    Sec. 2.  NEW SECTION.  523A.102  DEFINITIONS.
  1  7    For purposes of this chapter, unless the context otherwise
  1  8 requires:
  1  9    1.  "Authorized to do business within this state" means a
  1 10 person licensed, registered, or subject to regulation by an
  1 11 agency of the state of Iowa or who has filed a consent to
  1 12 service of process with the commissioner for purposes of this
  1 13 chapter.
  1 14    2.  "Beneficiary" means any natural person specified or
  1 15 included in a purchase agreement, upon whose future death
  1 16 cemetery merchandise, funeral merchandise, funeral services,
  1 17 or a combination thereof are to be provided under the purchase
  1 18 agreement.
  1 19    3.  "Burial account" means an account established by a
  1 20 person with a financial institution for the purpose of funding
  1 21 the future purchase of cemetery merchandise, funeral
  1 22 merchandise, or a combination thereof without any related
  1 23 trust agreement.
  1 24    4.  "Burial trust fund" means an irrevocable burial trust
  1 25 fund established by a person with a financial institution for
  1 26 the purpose of funding the future purchase of cemetery
  1 27 merchandise, funeral merchandise, funeral services, or a
  1 28 combination thereof upon the death of the person named in the
  1 29 burial trust fund's records or a related purchase agreement.
  1 30 "Burial trust fund" does not include or imply the existence of
  1 31 any oral or written purchase agreement for cemetery
  1 32 merchandise, funeral merchandise, funeral services, or a
  1 33 combination thereof between the person and a seller.
  1 34    5.  "Cemetery merchandise" means foundations, grave
  1 35 markers, tombstones, ornamental merchandise, memorials, and
  2  1 monuments sold under a purchase agreement that does not
  2  2 require installation within twelve months of the purchase.
  2  3    6.  "Commissioner" means the commissioner of insurance or
  2  4 the deputy administrator authorized in section 523A.801 to the
  2  5 extent the commissioner delegates functions to the deputy
  2  6 administrator.
  2  7    7.  "Common business enterprise" means a group of two or
  2  8 more business entities that share common ownership in excess
  2  9 of fifty percent.
  2 10    8.  "Credit sale" means a sale of goods, services, or an
  2 11 interest in land in which all of the following are applicable:
  2 12    a.  Credit is granted either under a seller credit card or
  2 13 by a seller who regularly engages as a seller in credit
  2 14 transactions of the same kind.
  2 15    b.  The buyer is a person other than an organization.
  2 16    c.  The goods, services, or interest in land are purchased
  2 17 primarily for a personal, family, or household purpose.
  2 18    d.  Either the debt is payable in installments or a finance
  2 19 charge is made.
  2 20    e.  For goods and services, the amount financed does not
  2 21 exceed twenty-five thousand dollars.
  2 22    9.  "Delivery" occurs when:
  2 23    a.  The cemetery merchandise, funeral merchandise, or the
  2 24 title document establishing an easement for burial rights is
  2 25 physically delivered to the purchaser or installed, except
  2 26 that burial of any item at the site of its ultimate use shall
  2 27 not constitute delivery for purposes of this chapter.
  2 28    b.  If authorized by a purchaser under a purchase
  2 29 agreement, cemetery merchandise has been permanently
  2 30 identified with the name of the purchaser or the beneficiary
  2 31 and delivered to a bonded warehouse or storage facility
  2 32 approved by the commissioner and both title to the merchandise
  2 33 and a warehouse receipt have been delivered to the purchaser
  2 34 or beneficiary and a copy of the warehouse receipt has been
  2 35 delivered to the establishment for retention in its files.
  3  1    c.  If authorized by a purchaser under a purchase
  3  2 agreement, a polystyrene or polypropylene outer burial
  3  3 container has been permanently identified with the name of the
  3  4 purchaser or the beneficiary and delivered to a bonded
  3  5 warehouse or storage facility approved by the commissioner and
  3  6 both title to the merchandise and a warehouse receipt have
  3  7 been delivered to the purchaser or beneficiary and a copy of
  3  8 the warehouse receipt has been delivered to the establishment
  3  9 for retention in its files.
  3 10    10.  "Doing business in this state" means issuing or
  3 11 performing wholly or in part any term of a purchase agreement
  3 12 executed within the state of Iowa.
  3 13    11.  "Establishment" means each business establishment that
  3 14 advertises, sells, promotes, or offers cemetery merchandise,
  3 15 funeral merchandise, funeral services, or a combination
  3 16 thereof prior to the death of the person named or implied in a
  3 17 purchase agreement.
  3 18    12.  "Financial institution" means a state or federally
  3 19 insured bank, savings and loan association, credit union,
  3 20 trust department thereof, or a trust company authorized to do
  3 21 business within this state and which has been granted trust
  3 22 powers under the laws of this state or the United States,
  3 23 which holds funds under a trust agreement.  "Financial
  3 24 institution" does not include:
  3 25    a.  A seller.
  3 26    b.  Anyone employed by or directly involved with the seller
  3 27 in the seller's cemetery merchandise, funeral merchandise, or
  3 28 funeral services business.
  3 29    13.  "Funeral merchandise" means personal property used for
  3 30 the final disposition of a dead human body, including but not
  3 31 limited to clothing, caskets, vaults, urns, and interment
  3 32 receptacles.  "Funeral merchandise" does not include easements
  3 33 for burial rights in a completed space or cemetery
  3 34 merchandise.
  3 35    14.  "Funeral services" means services provided for the
  4  1 final disposition of a dead human body, including but not
  4  2 limited to services necessarily or customarily provided for a
  4  3 funeral, or for the interment, entombment, or cremation of a
  4  4 dead human body, or any combination thereof.  "Funeral
  4  5 services" does not include perpetual care or maintenance.
  4  6    15.  "Inner burial container" means a container in which
  4  7 human remains are placed for burial or entombment.  Where only
  4  8 one container is used for burial or entombment, "inner burial
  4  9 container" includes a container serving as a burial vault, urn
  4 10 vault, grave box, grave liner, or lawn crypt.
  4 11    16.  "Insolvent" means the inability to pay debts as they
  4 12 become due in the usual course of business.
  4 13    17.  "Interest or income" means unrealized net appreciation
  4 14 or loss in the fair value of cemetery merchandise, funeral
  4 15 merchandise, and funeral services trust assets for which a
  4 16 market value may be determined with reasonable certainty, plus
  4 17 the return in money or property derived from the use of trust
  4 18 principal or income, net of investment losses, taxes, and
  4 19 expenses incurred in the sale of trust assets, any cost of the
  4 20 operation of the trust, and any annual audit fee.  "Interest
  4 21 or income" includes but is not limited to:
  4 22    a.  Rent of real or personal property, including sums
  4 23 received for cancellation or renewal of a lease and any
  4 24 royalties.
  4 25    b.  Interest on money lent, including sums received as
  4 26 consideration for prepayment of principal.
  4 27    c.  Cash dividends paid on corporate stock.
  4 28    d.  Interest paid on deposit funds or debt obligations.
  4 29    e.  Gain realized from the sale of trust assets.
  4 30    18.  "Next of kin" means the surviving spouse and heirs at
  4 31 law of the deceased.
  4 32    19.  "Nonguaranteed" means that the price of the
  4 33 merchandise and services selected has not been fixed or
  4 34 guaranteed and will be determined by existing prices at the
  4 35 time the merchandise and services are delivered or provided.
  5  1    20.  "Outer burial container" means a container used for
  5  2 the burial of human remains that is used exclusively to
  5  3 surround or enclose an inner burial container and to support
  5  4 the earth above the container, commonly known as a burial
  5  5 vault, urn vault, grave box, or grave liner, but not including
  5  6 a lawn crypt.
  5  7    21.  "Parent company" means a corporation that has a
  5  8 controlling interest in an establishment.
  5  9    22.  "Person" means an individual, business, corporation,
  5 10 trust, firm, partnership, association, or any other legal
  5 11 entity.
  5 12    23.  "Personal representative" means a personal
  5 13 representative as defined in section 633.3.
  5 14    24.  "Provider" means a person that provides funeral
  5 15 services, funeral merchandise, or cemetery merchandise
  5 16 purchased in a purchase agreement.
  5 17    25.  "Purchase agreement" means an agreement to furnish
  5 18 cemetery merchandise, funeral merchandise, funeral services,
  5 19 or a combination thereof when performance or delivery may be
  5 20 more than one hundred twenty days following the initial
  5 21 payment on the account.
  5 22    26.  "Purchaser" means a person who purchases cemetery
  5 23 merchandise, funeral merchandise, funeral services, or a
  5 24 combination thereof.  The purchaser need not be a beneficiary
  5 25 of the agreement.
  5 26    27.  "Seller" means a person doing business within this
  5 27 state, including a person doing business within this state who
  5 28 sells insurance, who advertises, sells, promotes, or offers to
  5 29 furnish cemetery merchandise, funeral merchandise, funeral
  5 30 services, or a combination thereof when performance or
  5 31 delivery may be more than one hundred twenty days following
  5 32 the initial payment on the account whether the transaction is
  5 33 completed or offered in person, through the mail, over the
  5 34 telephone, by the internet, or through any other means of
  5 35 commerce.  "Seller" includes any person performing any term of
  6  1 a purchase agreement executed within this state, and any
  6  2 person identified under a burial account as the provider of
  6  3 cemetery merchandise, funeral merchandise, funeral services,
  6  4 or a combination thereof.  
  6  5                          SUBCHAPTER 2
  6  6          ESTABLISHMENT OF TRUSTS, DEPOSIT, INVESTMENT,
  6  7                   AND REPORTING REQUIREMENTS
  6  8    Sec. 3.  NEW SECTION.  523A.201  ESTABLISHMENT OF TRUST
  6  9 FUNDS.
  6 10    Unless proceeding under section 523A.401, 523A.402, or
  6 11 523A.403, a seller must establish a trust fund prior to
  6 12 advertising, selling, promoting, or offering cemetery
  6 13 merchandise, funeral merchandise, funeral services, or a
  6 14 combination thereof in this state as follows:
  6 15    1.  The trust fund must be established at a financial
  6 16 institution.
  6 17    2.  If a seller agrees to furnish cemetery merchandise,
  6 18 funeral merchandise, funeral services, or a combination
  6 19 thereof and performance or delivery may be more than one
  6 20 hundred twenty days following the initial payment on the
  6 21 account, a minimum of eighty percent of all payments made
  6 22 under the purchase agreement shall be placed and remain in
  6 23 trust until the person for whose benefit the funds were paid
  6 24 dies.
  6 25    3.  If a purchase agreement for cemetery merchandise,
  6 26 funeral merchandise, funeral services, or a combination
  6 27 thereof provides that payments are to be made in installments,
  6 28 the seller shall deposit eighty percent of each payment in the
  6 29 trust fund until the full amount required to be placed in
  6 30 trust has been deposited.  If the purchase agreement is
  6 31 financed with or sold to a financial institution, the purchase
  6 32 agreement shall be considered paid in full and the trust
  6 33 requirements shall be satisfied within fifteen days after the
  6 34 close of the month in which the seller receives funds from the
  6 35 financial institution.
  7  1    4.  A seller shall not invade the trust principal for any
  7  2 purpose.
  7  3    5.  A seller who lacks insurance coverage which protects
  7  4 against the loss of purchaser payments not placed in trust
  7  5 within the time period required by this section and section
  7  6 523A.202 shall not commingle these payments with any other
  7  7 seller funds.  A seller who lacks insurance coverage may use
  7  8 one or more of the following methods to dispose of these
  7  9 payments:
  7 10    a.  Deposit purchaser funds into an escrow account until
  7 11 the required amount has been deposited into a trust account at
  7 12 a financial institution.
  7 13    b.  Make a prior delivery or warehouse cemetery or funeral
  7 14 merchandise or a combination thereof as provided by this
  7 15 chapter.
  7 16    c.  Make a prior filing of a surety bond in lieu of
  7 17 establishing a trust fund as required by this section.
  7 18    d.  Make a simultaneous, same-day deposit of the
  7 19 purchaser's payments into the seller's bank account and the
  7 20 required amount into the seller's trust fund.
  7 21    6.  Payments otherwise subject to this section are not
  7 22 exempt merely because they are held in certificates of
  7 23 deposit.
  7 24    7.  Commingling of trust funds with other funds of the
  7 25 seller is prohibited.
  7 26    8.  Interest or income earned on amounts deposited in trust
  7 27 shall remain in trust under the same terms and conditions as
  7 28 payments made under the purchase agreement, except that the
  7 29 seller may withdraw so much of the interest or income as
  7 30 represents the difference between the amount needed to adjust
  7 31 the trust funds for inflation as set by the commissioner based
  7 32 on the consumer price index and the interest or income earned
  7 33 during the preceding year not to exceed fifty percent of the
  7 34 total interest or income on a calendar-year basis.  The early
  7 35 withdrawal of interest or income under this provision does not
  8  1 affect the purchaser's right to a credit of such interest or
  8  2 income in the event of a nonguaranteed price agreement,
  8  3 cancellation, or nonperformance by the seller.
  8  4    9.  The commissioner may require amendments to a trust
  8  5 agreement not in accord with the provisions of this chapter.
  8  6    10.  If a seller voluntarily or involuntarily ceases doing
  8  7 business and the seller's obligation to provide merchandise or
  8  8 services has not been assumed by another establishment holding
  8  9 a current establishment permit, all trust funds, including
  8 10 accrued interest or income, shall be repaid to the purchaser
  8 11 within one hundred twenty days following the seller's
  8 12 cessation of business or, in the event of circumstances where
  8 13 a payment is not possible within one hundred twenty days, as
  8 14 soon as is reasonably practicable.
  8 15    Sec. 4.  NEW SECTION.  523A.202  TRUST FUND DEPOSIT
  8 16 REQUIREMENTS.
  8 17    1.  All funds held in trust pursuant to section 523A.201
  8 18 shall be deposited in a financial institution, within fifteen
  8 19 days after the close of the month a seller receives the funds.
  8 20 The financial institution shall hold the funds for the
  8 21 designated beneficiary until released.
  8 22    2.  All funds required to be deposited by the purchaser for
  8 23 a purpose described in section 523A.201 shall be deposited
  8 24 consistent with one of the following methods:
  8 25    a.  The payments shall be deposited directly into an
  8 26 interest-bearing burial account in the purchaser's name.
  8 27    b.  The purchaser shall deposit payments directly into a
  8 28 separate trust account in the purchaser's name.  The account
  8 29 may be made payable to the seller upon the death of the
  8 30 purchaser or the designated beneficiary, provided that, until
  8 31 death, the purchaser retains the exclusive power to hold,
  8 32 manage, pledge, and invest the trust account funds and may
  8 33 revoke the trust and withdraw the funds, in whole or in part,
  8 34 at any time during the term of the agreement.
  8 35    c.  The purchaser or the seller shall deposit payments
  9  1 directly into a separate trust account in the name of the
  9  2 purchaser, as trustee, for the named beneficiary, to be held,
  9  3 invested, and administered as a trust account for the benefit
  9  4 and protection of the beneficiary.  The depositor shall notify
  9  5 the financial institution of the existence and terms of the
  9  6 trust, including at a minimum, the name of each party to the
  9  7 agreement, the name and address of the trustee, and the name
  9  8 and address of the beneficiary.  The account may be made
  9  9 payable to the seller upon the beneficiary's death.
  9 10    d.  The payments shall be deposited in the name of the
  9 11 trustee, as trustee, under the terms of a master trust
  9 12 agreement and the trustee may invest, reinvest, exchange,
  9 13 retain, sell, and otherwise manage the trust fund for the
  9 14 benefit and protection of the named beneficiary.
  9 15    3.  The commissioner may by rule authorize other methods of
  9 16 deposit upon a finding that such methods provide equivalent
  9 17 safety of the principal and interest or income and the seller
  9 18 lacks access to the proceeds prior to performance.
  9 19    4.  This section does not prohibit moving trust funds from
  9 20 one financial institution to another.
  9 21    Sec. 5.  NEW SECTION.  523A.203  FINANCIAL INSTITUTION
  9 22 TRUSTEE QUALIFICATION AND INVESTMENT REQUIREMENTS.
  9 23    1.  A financial institution may serve as a trustee if
  9 24 granted those powers under the laws of this state or of the
  9 25 United States.  A financial institution acting as a trustee of
  9 26 trust funds under this chapter shall invest the funds in
  9 27 accordance with applicable law.
  9 28    2.  A financial institution acting as a trustee of trust
  9 29 funds under this chapter has a fiduciary duty to make
  9 30 reasonable investment decisions and to properly oversee and
  9 31 manage the funds entrusted to it.  The trustee shall use the
  9 32 judgment and care under the circumstances then prevailing that
  9 33 persons of prudence, discretion, and intelligence exercise in
  9 34 the management of their own affairs, not in regard to
  9 35 speculation but in regard to the permanent disposition of
 10  1 their funds, considering the probable income as well as the
 10  2 probable safety of their capital.  The commissioner may take
 10  3 enforcement action against a financial institution in its
 10  4 capacity as trustee for a breach of fiduciary duty proven
 10  5 under this chapter.
 10  6    3.  Moneys deposited under a master trust agreement may be
 10  7 commingled by the financial institution for investment
 10  8 purposes if each deposit includes a detailed listing of the
 10  9 amount deposited in trust for each beneficiary and maintenance
 10 10 of a separate accounting of each purchaser's principal,
 10 11 interest, and income.
 10 12    4.  Subject to a master trust agreement, the seller may
 10 13 appoint an independent investment adviser to advise the
 10 14 financial institution about investment of the trust funds.
 10 15    5.  Subject to agreement between the parties, the financial
 10 16 institution may receive a reasonable fee from the trust funds
 10 17 for services rendered as trustee.  The trust shall pay the
 10 18 trust operation costs and any annual audit fees.
 10 19    6.  The seller or any officer, director, agent, employee,
 10 20 or affiliate of the seller shall not serve as trustee.  A
 10 21 financial institution holding trust funds shall not do any of
 10 22 the following:
 10 23    a.  Be owned, under the control of, or affiliated with a
 10 24 seller.
 10 25    b.  Use any funds required to be held in trust under this
 10 26 chapter or chapter 566A to purchase an interest in any
 10 27 contract or agreement to which a seller is a party.
 10 28    c.  Otherwise invest, directly or indirectly, in a seller's
 10 29 business operations.
 10 30    Sec. 6.  NEW SECTION.  523A.204  ESTABLISHMENT ANNUAL
 10 31 REPORTING REQUIREMENTS.
 10 32    1.  An establishment shall file with the commissioner not
 10 33 later than March 1 of each year an annual report on a form
 10 34 prescribed by the commissioner containing all of the
 10 35 following:
 11  1    a.  The seller's name and address and the name and address
 11  2 of the establishment that will provide the cemetery
 11  3 merchandise, funeral merchandise, funeral services, or a
 11  4 combination thereof.
 11  5    b.  The balance of each trust account as of the end of the
 11  6 preceding calendar year, identified by purchaser or
 11  7 beneficiary name.
 11  8    c.  A report of any amounts withdrawn from the trust
 11  9 account including the reason for each withdrawal.
 11 10    d.  A detailed listing of the insurance funding outstanding
 11 11 at the end of the preceding calendar year, identified by the
 11 12 name of the purchaser or the beneficiary.
 11 13    e.  A complete inventory of the cemetery merchandise,
 11 14 funeral merchandise, or a combination thereof delivered in
 11 15 lieu of trust fund requirements under section 523A.401,
 11 16 including the following:
 11 17    (1)  The location of the merchandise.
 11 18    (2)  Merchandise serial numbers or warehouse receipt
 11 19 numbers identified by the name of the purchaser or the
 11 20 beneficiary.
 11 21    (3)  A verified statement of a certified public accountant
 11 22 on a form prescribed by the commissioner that all of the
 11 23 following have occurred:
 11 24    (a)  A physical inventory of the cemetery merchandise or
 11 25 funeral merchandise has been conducted.
 11 26    (b)  Each item of that merchandise is in the seller's
 11 27 possession at the specified location.
 11 28    f.  The purchaser and beneficiary names, the amount of each
 11 29 purchase agreement made in the preceding year, and the date
 11 30 the purchase agreement was made.
 11 31    g.  A summary of any purchase agreements converted from
 11 32 trust-funded benefits to insurance-funded or annuity benefits
 11 33 during the preceding year which shall include, as of the
 11 34 conversion date, the following information, as well as
 11 35 aggregated totals for each of the following categories of
 12  1 information, if appropriate:
 12  2    (1)  Insured's name.
 12  3    (2)  Insured's policy number.
 12  4    (3)  Original prepaid purchase agreement amount.
 12  5    (4)  Amount paid in.
 12  6    (5)  Unpaid balance of the prepaid purchase agreement.
 12  7    (6)  Unpaid balance of the purchase agreement.
 12  8    (7)  Amount retained by the establishment.
 12  9    (8)  Amount applied to the purchase of the insurance policy
 12 10 or annuity.
 12 11    (9)  Initial cash surrender value and initial death benefit
 12 12 under the insurance policy.
 12 13    The establishment shall include a notarized statement
 12 14 attesting that the insurance policies or annuities have been
 12 15 issued and funded on behalf of the purchasers listed in the
 12 16 summary and that all notices required under this section have
 12 17 been given.
 12 18    h.  A summary of any purchase agreements converted from
 12 19 trust-funded benefits to a surety bond during the preceding
 12 20 year which shall include, as of the conversion date, the
 12 21 following information, as well as aggregated totals for each
 12 22 of the following categories of information, if appropriate:
 12 23    (1)  Name of the purchaser and beneficiary.
 12 24    (2)  Original prepaid purchase agreement amount.
 12 25    (3)  Amount paid in.
 12 26    (4)  Unpaid balance of the prepaid purchase agreement.
 12 27    (5)  Unpaid balance of the purchase agreement.
 12 28    (6)  Amount retained by the establishment.
 12 29    (7)  Amount applied to the purchase of the surety bond.
 12 30    (8)  A description of the surety bond and the applicable
 12 31 amount of coverage.
 12 32    i.  Any other information the commissioner deems necessary
 12 33 for the administration of this chapter.
 12 34    2.  A person holding multiple establishment permits may
 12 35 elect to file only one annual report after noting all
 13  1 establishments on the report.
 13  2    3.  An establishment shall make a good faith effort to
 13  3 complete the annual report.  The establishment shall note on
 13  4 the annual report any information not reasonably available to
 13  5 the establishment as an exception or variance.  Account
 13  6 balances within twelve months of the date of the filing of the
 13  7 annual report shall be accepted if the actual date of the
 13  8 account balances is noted.
 13  9    4.  In lieu of the annual report form described in
 13 10 subsection 1, the commissioner may authorize an establishment
 13 11 to file a short form annual report on a form prescribed by the
 13 12 commissioner.  The short form annual report may incorporate by
 13 13 reference information readily available to the establishment.
 13 14 The commissioner may certify and decertify establishments
 13 15 authorized to file the short form based upon:
 13 16    a.  The establishment's recordkeeping system.
 13 17    b.  The number of purchase agreements which the
 13 18 establishment has sold that are subject to regulation under
 13 19 chapter 523A.
 13 20    c.  The availability and accessibility of information at
 13 21 the establishment for purchase agreements subject to
 13 22 regulation.
 13 23    d.  Whether the establishment places one hundred percent of
 13 24 funds received pursuant to its purchase agreements in trust.
 13 25    e.  The findings of the commissioner concerning audits and
 13 26 consumer complaints.
 13 27    The commissioner shall retain the authority to require
 13 28 establishments permitted to file the short form annual report
 13 29 to provide all of the information required in the annual
 13 30 report form required by subsection 1 for audit purposes or
 13 31 otherwise.
 13 32    5.  An establishment filing an annual report shall pay a
 13 33 filing fee of ten dollars per purchase agreement sold during
 13 34 the year covered by the report.  The fee does not apply to any
 13 35 of the following:
 14  1    a.  A purchase agreement where the beneficiary dies in the
 14  2 same year the agreement was sold.
 14  3    b.  Any modifications or additions, such as payments, for
 14  4 an existing purchase agreement sold in a previous year.
 14  5    c.  An additional agreement purchased and already reported
 14  6 to the commissioner by the purchaser.
 14  7    d.  A purchase agreement canceled or revoked in the same
 14  8 year it was sold.
 14  9    All purchase agreement changes for which a filing fee is
 14 10 not required must be reported to the commissioner on the
 14 11 annual report for the year covered.
 14 12    6.  As part of the annual filing with the commissioner, an
 14 13 establishment shall file an authorization for the commissioner
 14 14 or a designee to investigate, audit, and verify all funds,
 14 15 accounts, safe deposit boxes, and other evidence of
 14 16 establishment trust funds held by or in a financial
 14 17 institution.
 14 18    7.  Forms may be obtained at cost from the commissioner
 14 19 upon request.  The commissioner may accept annual reports
 14 20 submitted in an electronic format, including but not limited
 14 21 to computer diskettes.
 14 22    8.  Notwithstanding chapter 22, all records maintained by
 14 23 the commissioner under this section shall be confidential and
 14 24 shall not be made available for inspection or copying except
 14 25 upon approval of the commissioner or the attorney general.
 14 26    Sec. 7.  NEW SECTION.  523A.205  FINANCIAL INSTITUTION
 14 27 ANNUAL REPORTING REQUIREMENTS.
 14 28    1.  A financial institution shall file with the
 14 29 commissioner not later than March 1 of each year an annual
 14 30 report on a form prescribed by the commissioner showing all
 14 31 funds deposited by an establishment under a trust agreement
 14 32 during the previous year.  Each report shall contain all
 14 33 information requested.
 14 34    2.  Forms may be obtained from the commissioner upon
 14 35 request.  The commissioner may accept annual reports submitted
 15  1 in an electronic format, including but not limited to computer
 15  2 diskettes.
 15  3    3.  Notwithstanding chapter 22, all records maintained by
 15  4 the commissioner under this section shall be confidential and
 15  5 shall not be made available for inspection or copying except
 15  6 upon approval of the commissioner or the attorney general.
 15  7    Sec. 8.  NEW SECTION.  523A.206  AUDITS.
 15  8    1.  The commissioner may make audits of the establishment
 15  9 and of the records of a seller, at the times and in the scope
 15 10 the commissioner determines.  The audits may be made without
 15 11 prior notice to the seller.  The commissioner may copy all
 15 12 records the commissioner feels are necessary to conduct the
 15 13 audit.  The commissioner may require an audit of a seller or
 15 14 other person by a certified public accountant to verify
 15 15 compliance with this chapter, implementing rules, or orders.
 15 16    2.  A seller or other person shall pay for the audit unless
 15 17 the commissioner waives this requirement.  The cost of an
 15 18 audit involving multiple sellers or other persons shall be
 15 19 prorated among them upon any reasonable basis as determined by
 15 20 the commissioner.  The accountant shall deliver the audit
 15 21 report to the commissioner and to the seller or other persons.
 15 22    3.  The commissioner shall not make public the information
 15 23 obtained in the course of an audit, except when a duty under
 15 24 this chapter requires the commissioner to take action against
 15 25 a seller or to cooperate with another enforcement or
 15 26 regulatory agency, or except when the commissioner is called
 15 27 as a witness in a civil or criminal proceeding.  
 15 28                          SUBCHAPTER 3
 15 29         DISBURSEMENT OF REMAINING BURIAL ACCOUNT FUNDS,
 15 30      BURIAL TRUST FUNDS, AND INSURANCE OR ANNUITY PROCEEDS
 15 31            UNDER THE REQUIREMENTS OF SECTION 249A.5
 15 32    Sec. 9.  NEW SECTION.  523A.301  DEFINITION.
 15 33    As used in sections 523A.302 and 523A.303:
 15 34    1.  "Director" means the director of human services.
 15 35    2.  "Reasonable funeral and burial expenses" means an
 16  1 amount not exceeding the average statewide cost reasonably
 16  2 necessary for the funeral and burial of the deceased,
 16  3 including embalming, an inner burial container, an outer
 16  4 burial container, the purchase of interment rights, grave
 16  5 openings, and cemetery merchandise, but not including travel
 16  6 costs for members of the family to attend the funeral or
 16  7 burial.
 16  8    Sec. 10.  NEW SECTION.  523A.302  IDENTIFICATION OF
 16  9 MERCHANDISE AND SERVICE PROVIDER.
 16 10    If a burial trust fund identifies, either in the trust fund
 16 11 records or in a related purchase agreement, the seller who
 16 12 will provide the cemetery merchandise, funeral merchandise,
 16 13 funeral services or a combination thereof, the trust fund
 16 14 records or the related purchase agreements must contain a
 16 15 statement signed by an authorized representative of the seller
 16 16 agreeing to furnish the cemetery merchandise, funeral
 16 17 merchandise, funeral services, or a combination thereof upon
 16 18 the death of the beneficiary.  The burial trust fund shall not
 16 19 identify a specific seller as payee unless the trust fund
 16 20 records or the related purchase agreements, if any, contain
 16 21 the signature of an authorized representative of the seller
 16 22 and, if the agreement is for funeral services as defined in
 16 23 chapter 156, the name of a funeral director licensed to
 16 24 deliver those services.  A person may enter into agreements
 16 25 authorizing the establishment of more than one burial trust
 16 26 fund and agreeing to furnish the applicable merchandise and
 16 27 services.
 16 28    Sec. 11.  NEW SECTION.  523A.303  DISBURSEMENT OF REMAINING
 16 29 FUNDS.
 16 30    1.  If funds remain in a nonguaranteed irrevocable burial
 16 31 trust fund or from the proceeds of an insurance policy or
 16 32 annuity made payable or assigned to the seller or a provider
 16 33 after the payment of reasonable funeral and burial expenses in
 16 34 accordance with the conditions and terms of the purchase
 16 35 agreement for cemetery merchandise, funeral merchandise, or
 17  1 funeral services, the seller shall comply with all of the
 17  2 following:
 17  3    a.  The seller shall provide written notice by mail to the
 17  4 director under subsection 2.
 17  5    b.  At least sixty days after mailing notice to the
 17  6 director, the seller shall disburse any remaining funds from
 17  7 the burial trust fund as follows:
 17  8    (1)  If within the sixty-day period the seller receives a
 17  9 claim from the personal representative of the deceased, any
 17 10 remaining funds shall be disbursed to the personal
 17 11 representative, notwithstanding any claim by the director.
 17 12    (2)  If within the sixty-day period the seller has not
 17 13 received a claim from the personal representative of the
 17 14 deceased but receives a claim from the director, the seller
 17 15 shall disburse the remaining funds up to the amount of the
 17 16 claim to the director.
 17 17    (3)  Any remaining funds not disposed of pursuant to
 17 18 subparagraphs (1) and (2) shall be disbursed to any person who
 17 19 is identified as the next of kin of the deceased in an
 17 20 affidavit submitted in accordance with subsection 5.
 17 21    2.  The notice mailed to the director shall meet all of the
 17 22 following requirements and is subject to all of the following
 17 23 conditions:
 17 24    a.  The notice shall be mailed with postage prepaid.
 17 25    b.  If the notice is sent by regular mail, the sixty-day
 17 26 period for receipt of a response is deemed to commence three
 17 27 days following the date of mailing.
 17 28    c.  If the notice is sent by certified mail, the sixty-day
 17 29 period for receipt of a response is deemed to commence on the
 17 30 date of mailing.
 17 31    d.  The notice shall provide all of the following
 17 32 information:
 17 33    (1)  Current name, address, and telephone number of the
 17 34 seller.
 17 35    (2)  Full name of the deceased.
 18  1    (3)  Date of the deceased's death.
 18  2    (4)  Amount of funds remaining in the burial trust fund.
 18  3    (5)  Statement that any claim by the director must be
 18  4 received by the seller within sixty days after the date of
 18  5 mailing of the notice.
 18  6    e.  A notice in substantially the following form complies
 18  7 with this subsection:
 18  8    "TO:  THE DIRECTOR OF HUMAN SERVICES
 18  9    FROM:  (SELLER'S NAME, CURRENT ADDRESS, AND TELEPHONE
 18 10 NUMBER)
 18 11    YOU ARE HEREBY NOTIFIED THAT (NAME OF DECEASED), WHO HAD AN
 18 12 IRREVOCABLE BURIAL TRUST FUND, HAS DIED, THAT FINAL PAYMENT
 18 13 FOR CEMETERY MERCHANDISE, FUNERAL MERCHANDISE, AND FUNERAL
 18 14 SERVICES HAS BEEN MADE, AND THAT (REMAINING AMOUNT) REMAINS IN
 18 15 THE IRREVOCABLE BURIAL TRUST FUND.
 18 16    THE ABOVE-NAMED SELLER MUST RECEIVE A WRITTEN RESPONSE
 18 17 REGARDING ANY CLAIM BY THE DIRECTOR WITHIN SIXTY DAYS AFTER
 18 18 THE MAILING OF THIS NOTICE TO THE DIRECTOR.
 18 19    IF THE ABOVE-NAMED SELLER DOES NOT RECEIVE A WRITTEN
 18 20 RESPONSE REGARDING A CLAIM BY THE DIRECTOR WITHIN SIXTY DAYS
 18 21 AFTER THE MAILING OF THIS NOTICE, THE SELLER MAY DISPOSE OF
 18 22 THE REMAINING FUNDS IN ACCORDANCE WITH SECTION 523A.303, CODE
 18 23 OF IOWA."
 18 24    3.  Upon receipt of the seller's written notice, the
 18 25 director shall determine if a debt is due the department of
 18 26 human services pursuant to section 249A.5.  If the director
 18 27 determines that a debt is owing, the director shall provide a
 18 28 written response to the seller within sixty days after the
 18 29 mailing of the seller's notice.  If the director does not
 18 30 respond with a claim within the sixty-day period, any claim
 18 31 made by the director shall not be enforceable against the
 18 32 seller, the trust, or a trustee.
 18 33    4.  A personal representative who wishes to make a claim
 18 34 shall send written notice of the claim to the seller.  If the
 18 35 seller does not receive any claim from a personal
 19  1 representative within the sixty-day period provided for
 19  2 response by the director regarding a claim, the claim of the
 19  3 personal representative shall not be enforceable against the
 19  4 seller, the trust, or a trustee.
 19  5    5.  Any person other than a personal representative or the
 19  6 director claiming an interest in the remaining funds shall
 19  7 submit an affidavit claiming an interest which provides the
 19  8 following information:
 19  9    a.  Full name, current address, and telephone number of the
 19 10 claimant.
 19 11    b.  Claimant's relationship to the deceased.
 19 12    c.  Name of any surviving next of kin of the deceased, and
 19 13 the relationship of any named surviving next of kin.
 19 14    d.  That the claimant has no knowledge of the existence of
 19 15 a personal representative for the deceased's estate.
 19 16    6.  The seller may retain not more than fifty dollars of
 19 17 the remaining funds in the burial trust fund for the
 19 18 administrative expenses associated with the requirements of
 19 19 this section.
 19 20    7.  If the funds remaining in a burial trust fund are
 19 21 disbursed under the requirements of this section, the seller,
 19 22 the provider, the burial trust fund, and any trustee shall not
 19 23 be liable to the director, the estate of the deceased, any
 19 24 personal representative, or any other interested person for
 19 25 the remaining funds and any lien imposed by the director shall
 19 26 be unenforceable against the seller, the burial trust fund, or
 19 27 any trustee.  
 19 28                          SUBCHAPTER 4
 19 29                      TRUSTING ALTERNATIVES
 19 30    Sec. 12.  NEW SECTION.  523A.401  PURCHASE AGREEMENTS
 19 31 FUNDED BY INSURANCE PROCEEDS.
 19 32    1.  A purchase agreement may be funded by insurance
 19 33 proceeds derived from a new or existing insurance policy
 19 34 issued by an insurance company authorized to do business and
 19 35 doing business within this state.
 20  1    2.  Such funding may be in lieu of the trusting
 20  2 requirements of this chapter when the purchaser assigns the
 20  3 proceeds of an existing insurance policy.
 20  4    3.  Such funding may be in lieu of the trusting
 20  5 requirements of this chapter when a new insurance policy is
 20  6 purchased to fund the purchase agreement, with a face amount
 20  7 equal to or greater than the current retail price of the
 20  8 cemetery merchandise, funeral merchandise, and funeral
 20  9 services to be delivered under the purchase agreement or, if
 20 10 less, a face amount equal to the total of all payments to be
 20 11 submitted by the purchaser pursuant to the purchase agreement.
 20 12    4.  The premiums of any new insurance policy shall be fully
 20 13 paid within thirty days after execution of the purchase
 20 14 agreement or, with respect to a purchase agreement that
 20 15 provides for periodic payments, the premiums shall be paid
 20 16 directly by the purchaser to the insurance company issuing the
 20 17 policy.
 20 18    5.  The policy shall satisfy the following conditions:
 20 19    a.  Except as necessary and appropriate to satisfy the
 20 20 requirements regarding burial trust funds under Title XIX of
 20 21 the federal Social Security Act, the policy shall not be owned
 20 22 by the establishment or irrevocably assigned, and any
 20 23 designation of the establishment as a beneficiary shall not be
 20 24 made irrevocable.
 20 25    b.  The policy shall provide that any assignment of
 20 26 benefits is contingent upon the establishment's delivery of
 20 27 cemetery merchandise, funeral merchandise, and funeral
 20 28 services pursuant to a purchase agreement.
 20 29    c.  The policy shall have an increasing death benefit or
 20 30 similar feature that provides some means for increasing the
 20 31 funding as the cost of funeral and cemetery goods and services
 20 32 increases.
 20 33    6.  With the written consent of the purchaser, an existing
 20 34 prepaid purchase agreement with trust-funded benefits may be
 20 35 converted to a prepaid purchase agreement with insurance-
 21  1 funded benefits provided the establishment and the insurance
 21  2 benefits comply with the following provisions:
 21  3    a.  The transfer of the trust funds to the insurance
 21  4 company must be at least equal to the full sum required to be
 21  5 deposited as trust principal under the trust-funded prepaid
 21  6 purchase agreement plus all net earnings accumulated with
 21  7 respect thereto, as of the transfer date.  Commissions,
 21  8 allowances, surrender charges or other forms of compensation
 21  9 or expense loads, premium expense, administrative charges or
 21 10 expenses, or policy fees shall not be deducted from the trust
 21 11 funds transferred pursuant to the conversion.
 21 12    b.  The face amount of any insurance policy issued on an
 21 13 individual must be no less than the amount of principal and
 21 14 interest transferred for that individual to the insurance
 21 15 company, and any supplemental insurance policy issued to cover
 21 16 the unfunded portion of the purchase agreement must have a
 21 17 face amount that is at least as great as the unfunded
 21 18 principal balance.  The face amount of the insurance purchased
 21 19 shall not, under any circumstances, be less than the total of
 21 20 all payments made by the purchaser pursuant to the agreement
 21 21 plus all net earnings accumulated with respect thereto, as of
 21 22 the transfer date.
 21 23    c.  The insurance policy shall not allow for contesting
 21 24 coverage, limit death benefits in the case of suicide, refer
 21 25 to physical examination, or otherwise operate as an exclusion,
 21 26 limitation, or condition other than requiring submission of
 21 27 proof of death or surrender of policy at the time the prepaid
 21 28 purchase agreement is funded, matures, or is canceled, as the
 21 29 case may be.
 21 30    d.  The establishment shall maintain a copy of any prepaid
 21 31 trust-funded purchase agreement that was converted to a
 21 32 prepaid insurance-funded purchase agreement and retain the
 21 33 payment history records for each converted purchase agreement
 21 34 prior to conversion until the cemetery merchandise, funeral
 21 35 merchandise, and funeral services have been delivered.
 22  1    7.  The seller of a purchase agreement subject to this
 22  2 chapter which is to be funded by insurance proceeds shall
 22  3 obtain all permits required to be obtained and comply with all
 22  4 reporting requirements under this chapter.
 22  5    8.  An insurance company issuing policies funding purchase
 22  6 agreements subject to this chapter shall file an annual report
 22  7 with the commissioner on a form prescribed by the
 22  8 commissioner.  The report shall list the applicable insurance
 22  9 policies outstanding for each establishment.  Computer
 22 10 printouts may be submitted so long as each legibly provides
 22 11 the same information required in the prescribed form.
 22 12    Sec. 13.  NEW SECTION.  523A.402  PURCHASE AGREEMENTS
 22 13 FUNDED BY ANNUITY PROCEEDS.
 22 14    1.  A purchase agreement may be funded by proceeds derived
 22 15 from a new or existing annuity issued by an insurance company
 22 16 authorized to do business and doing business within this
 22 17 state.
 22 18    2.  Such funding may be in lieu of the trust requirements
 22 19 of this chapter when the purchaser assigns the proceeds of an
 22 20 existing annuity.
 22 21    3.  Such funding may be in lieu of the trust requirements
 22 22 of this chapter when a new annuity is purchased to fund the
 22 23 purchase agreement, with a face amount equal to or greater
 22 24 than the current retail price of the cemetery merchandise,
 22 25 funeral merchandise, and funeral services to be delivered
 22 26 under the purchase agreement or, if less, a face amount equal
 22 27 to the total of all payments to be submitted by the purchaser
 22 28 pursuant to the purchase agreement.
 22 29    4.  The premiums of any new annuity shall be fully paid
 22 30 within thirty days after execution of the purchase agreement
 22 31 or, with respect to a purchase agreement that provides for
 22 32 periodic payments, the premiums shall be paid directly by the
 22 33 purchaser to the insurance company issuing the annuity.
 22 34    5.  The annuity shall satisfy the following conditions:
 22 35    a.  Except as necessary and appropriate to satisfy the
 23  1 requirements regarding burial trust funds under Title XIX of
 23  2 the federal Social Security Act, the annuity shall not be
 23  3 owned by the establishment or irrevocably assigned and any
 23  4 designation of the establishment as a beneficiary shall not be
 23  5 made irrevocable.
 23  6    b.  The annuity shall provide that any assignment of
 23  7 benefits is contingent upon the establishment's delivery of
 23  8 cemetery merchandise, funeral merchandise, and funeral
 23  9 services pursuant to a purchase agreement.
 23 10    c.  The annuity shall have an increasing death benefit or
 23 11 similar feature that provides some means for increasing the
 23 12 funding as the cost of cemetery merchandise, funeral
 23 13 merchandise, and funeral services increases.
 23 14    6.  With the written consent of the purchaser, an existing
 23 15 prepaid purchase agreement with trust-funded benefits may be
 23 16 converted to a prepaid purchase agreement with annuity-funded
 23 17 benefits provided the establishment and the annuity benefits
 23 18 comply with the following provisions:
 23 19    a.  The transfer of the trust funds to the insurance
 23 20 company must be at least equal to the full sum required to be
 23 21 deposited as trust principal under the trust-funded prepaid
 23 22 purchase agreement plus all net earnings accumulated with
 23 23 respect thereto, as of the transfer date.  Commissions,
 23 24 allowances, surrender charges or other forms of compensation
 23 25 or expense loads, premium expense, administrative charges or
 23 26 expenses, or fees shall not be deducted from the trust funds
 23 27 transferred pursuant to the conversion.
 23 28    b.  The face amount of any annuity issued on an individual
 23 29 must be no less than the amount of principal and interest
 23 30 transferred for that individual to the insurance company, and
 23 31 any supplemental annuity issued to cover the unfunded portion
 23 32 of the purchase agreement must have a face amount that is at
 23 33 least as great as the unfunded principal balance.  The face
 23 34 amount of the annuity purchased shall not, under any
 23 35 circumstances, be less than the total of all payments made by
 24  1 the purchaser pursuant to the agreement plus all net earnings
 24  2 accumulated with respect thereto, as of the transfer date.
 24  3    c.  The annuity shall not allow for contesting coverage,
 24  4 limit death benefits in the case of suicide, refer to physical
 24  5 examination, or otherwise operate as an exclusion, limitation,
 24  6 or condition other than requiring submission of proof of death
 24  7 or surrender of the annuity at the time the prepaid purchase
 24  8 agreement is funded, matures, or is canceled, as the case may
 24  9 be.
 24 10    d.  The establishment shall maintain a copy of any prepaid
 24 11 trust-funded purchase agreement that was converted to a
 24 12 prepaid annuity-funded purchase agreement and retain the
 24 13 payment history records for each converted purchase agreement
 24 14 prior to conversion until the cemetery merchandise, funeral
 24 15 merchandise, and funeral services have been delivered.
 24 16    7.  The seller of a purchase agreement subject to this
 24 17 chapter which is to be funded by annuity proceeds shall obtain
 24 18 all permits required to be obtained and comply with all
 24 19 reporting requirements under this chapter.
 24 20    8.  An insurance company issuing annuities funding purchase
 24 21 agreements subject to this chapter shall file an annual report
 24 22 with the commissioner on a form prescribed by the
 24 23 commissioner.  The report shall list the applicable annuities
 24 24 outstanding for each establishment.  Computer printouts may be
 24 25 submitted so long as each legibly provides the same
 24 26 information required in the prescribed form.
 24 27    Sec. 14.  NEW SECTION.  523A.403  PURCHASE AGREEMENTS
 24 28 FUNDED BY CERTIFICATES OF DEPOSIT.
 24 29    1.  A purchase agreement may be funded by proceeds derived
 24 30 from a certificate of deposit in the name of the purchaser
 24 31 made payable to the seller upon the purchaser's death.
 24 32    2.  The seller of a purchase agreement subject to this
 24 33 chapter which is to be funded by a certificate of deposit
 24 34 shall obtain all permits required to be obtained and comply
 24 35 with all reporting requirements under this chapter,
 25  1 implementing rules, and orders.
 25  2    Sec. 15.  NEW SECTION.  523A.404  MERCHANDISE DELIVERED TO
 25  3 THE PURCHASER OR WAREHOUSED.
 25  4    1.  Trust requirements do not apply to payments for outer
 25  5 burial containers made of either polystyrene or polypropylene
 25  6 or cemetery merchandise delivered to the purchaser or stored
 25  7 in an independent third-party storage facility not owned or
 25  8 controlled by the seller when approved by the commissioner.
 25  9 The seller or the storage facility must demonstrate that they
 25 10 will do all of the following:
 25 11    a.  Issue a receipt of ownership in the name of the
 25 12 purchaser and deliver it to the purchaser.
 25 13    b.  Insure the merchandise against loss.
 25 14    c.  Protect the merchandise against damage.
 25 15    d.  Transfer title to the purchaser.
 25 16    e.  Appropriately identify and describe the merchandise in
 25 17 a manner that it can be distinguished from other similar
 25 18 items.
 25 19    f.  Use a method of storage that allows for visual audits
 25 20 of the merchandise.
 25 21    g.  Have adequate, computerized, recordkeeping systems in
 25 22 place to identify, describe, and count each item in storage,
 25 23 including the ownership of each item, and provide an aggregate
 25 24 listing with numerical totals.
 25 25    h.  File a consent to be audited and inspected by the
 25 26 commissioner.
 25 27    i.  Provide reports to the commissioner, annually, by an
 25 28 independent certified public accountant, which shall include a
 25 29 physical count of merchandise held in storage and a review of
 25 30 information, including the seller's revenue and sales records,
 25 31 as necessary to verify the adequacy of the number of items
 25 32 held at the storage facility.
 25 33    j.  Satisfy the annual reporting requirements of section
 25 34 523A.204.
 25 35    2.  Lawn crypts may be delivered in lieu of trusting.  For
 26  1 this purpose, delivery means installation in a grave owned by
 26  2 the purchaser.  The seller shall do all of the following:
 26  3    a.  Notify the administrator before the lawn crypts are
 26  4 installed.
 26  5    b.  Identify the intended location of the lawn crypts
 26  6 within the cemetery.
 26  7    c.  Provide documentation adequately demonstrating delivery
 26  8 has occurred.  Adequate documentation includes but is not
 26  9 limited to photographs and third-party certifications.
 26 10    3.  Cemetery merchandise and funeral merchandise shall not
 26 11 be deemed delivered to the purchaser or warehoused if the
 26 12 merchandise is subject to a lien or security interest by any
 26 13 party other than the seller.
 26 14    4.  An establishment is prohibited from requiring delivery
 26 15 as a condition of the sale.
 26 16    5.  A seller shall provide services necessary for the
 26 17 installation or burial of outer burial containers sold by the
 26 18 seller.  This subsection shall not require the seller to
 26 19 provide for the opening or closing of the interment or
 26 20 entombment space, unless the purchase agreement provides
 26 21 otherwise.
 26 22    Sec. 16.  NEW SECTION.  523A.405  BOND IN LIEU OF TRUST
 26 23 FUND.
 26 24    1.  In lieu of trust requirements, a seller may file with
 26 25 the commissioner a surety bond issued by a surety company
 26 26 authorized to do business and doing business within this
 26 27 state.  The bond must be conditioned upon the seller's
 26 28 faithful performance of purchase agreements subject to this
 26 29 chapter.  The surety's liability extends to each such
 26 30 agreement executed while the bond is in force and until
 26 31 performance or recision of the purchase agreement.  To the
 26 32 extent expressly agreed to in writing by the surety, the
 26 33 surety's liability extends to each such agreement subject to
 26 34 this chapter executed prior to the time the bond was in force
 26 35 and until performance or recision of the agreement.  A
 27  1 purchaser aggrieved by a breach of a condition of the bond
 27  2 covering the purchaser's agreement may maintain an action
 27  3 against the bond.  If, at the time of the breach, the
 27  4 purchaser is aware of the purchaser's rights under the bond
 27  5 and how to file a claim against the bond, the surety shall not
 27  6 be liable for any breach of condition unless the surety
 27  7 receives notice of a claim within sixty days following
 27  8 discovery of the acts, omissions, or conditions constituting
 27  9 the breach of condition, except as otherwise provided in this
 27 10 section.  A surety bond shall not be canceled by a surety
 27 11 except upon a written notice of cancellation given by the
 27 12 surety to the commissioner by restricted certified mail, and
 27 13 not prior to the expiration of sixty days after receipt of the
 27 14 notice by the commissioner.  The surety's liability shall
 27 15 extend to each purchase agreement subject to this chapter
 27 16 executed prior to cancellation of the surety bond until the
 27 17 seller has complied with section 3.
 27 18    2.  If a seller becomes insolvent or otherwise ceases to
 27 19 engage in business prior to or within sixty days after
 27 20 cancellation of a bond, the seller shall be deemed to have
 27 21 breached the bond conditions for outstanding agreements under
 27 22 this chapter as of the day prior to cancellation of the bond.
 27 23 The commissioner shall mail written notice by restricted
 27 24 certified mail to the purchaser under each outstanding
 27 25 purchase agreement of the seller that a claim against the bond
 27 26 must be filed with the surety company within sixty days after
 27 27 the mailing date of the notice.  The surety shall cease to be
 27 28 liable for all purchase agreements except those for which
 27 29 claims are filed with the surety company within sixty days
 27 30 after the date the commissioner mails the notices.
 27 31    3.  If a surety bond is canceled by a surety under any
 27 32 conditions other than those specified in subsection 2, the
 27 33 seller shall comply with all of the following:
 27 34    a.  The seller shall comply with the trust requirements of
 27 35 section 523A.201 for all purchase agreements subject to this
 28  1 chapter executed on or after the effective date of
 28  2 cancellation of the surety bond.  In the alternative, the
 28  3 seller may submit a substitute surety bond meeting the
 28  4 requirements of subsection 1, but the seller must comply with
 28  5 section 523A.201 for any purchase agreements executed on or
 28  6 after the effective cancellation date of the earlier surety
 28  7 bond and prior to the effective date of the later surety bond.
 28  8    b.  Within sixty days after the effective cancellation date
 28  9 of the surety bond, the seller shall submit to the
 28 10 commissioner an undertaking by another surety company that a
 28 11 substitute surety bond meeting the requirements of subsection
 28 12 1 is in effect and that the liability of the substitute surety
 28 13 bond extends to all outstanding purchase agreements of the
 28 14 seller that were executed but not performed or extinguished
 28 15 prior to the effective date of the substitute surety bond, or
 28 16 the seller shall submit to the commissioner a financial
 28 17 statement accompanied by an unqualified opinion based upon an
 28 18 audit performed by a certified public accountant licensed in
 28 19 this state certifying the total amount of outstanding
 28 20 liabilities of the seller on purchase agreements subject to
 28 21 this chapter and proof of deposit by the seller in trust under
 28 22 section 523A.201 of either the amount specified in section
 28 23 523A.201, including interest as set by the commissioner based
 28 24 on the interest which would have been earned had the funds
 28 25 been maintained in trust, with respect to all of those
 28 26 outstanding purchase agreements or, where applicable, that
 28 27 delivery of merchandise has been made in compliance with
 28 28 section 523A.404.  The surety may require such security as is
 28 29 necessary to comply with this section.  Upon compliance by the
 28 30 seller with this paragraph, the surety company canceling the
 28 31 surety bond shall cease to be liable with respect to any
 28 32 outstanding purchase agreements of the seller except those
 28 33 purchase agreements with respect to which a breach of
 28 34 condition occurred prior to cancellation and for which timely
 28 35 claims were filed.
 29  1    4.  Section 523A.202, and, to the extent it is applicable,
 29  2 section 523A.206, apply to sellers whose purchase agreements
 29  3 are covered by a surety bond maintained under this section,
 29  4 and section 523A.202 continues to apply to any purchase
 29  5 agreements of those sellers that are not covered by a surety
 29  6 bond maintained under this section.
 29  7    5.  Upon receiving a notice of cancellation of a surety
 29  8 bond, the commissioner shall notify the seller of the
 29  9 requirements of this chapter resulting from cancellation of
 29 10 the bond.  The notice may be in the form of a copy of this
 29 11 section and sections 523A.201 and 523A.202.
 29 12    6.  Upon receiving a notice of cancellation, unless the
 29 13 seller has complied with the requirements of this section, the
 29 14 attorney general shall seek an injunction to prohibit the
 29 15 seller from making further purchase agreements subject to this
 29 16 chapter.  The attorney general shall commence an action to
 29 17 attach and levy execution upon property of the seller when the
 29 18 seller fails to perform a purchase agreement subject to this
 29 19 chapter, to the extent necessary to secure compliance with
 29 20 this chapter.  The county attorney may bring criminal charges
 29 21 under subchapter 7.
 29 22    7.  The surety under this section shall not be owned, under
 29 23 the control of, or affiliated with the seller.
 29 24    8.  The amount of the surety bond shall equal eighty
 29 25 percent of the payments received pursuant to purchase
 29 26 agreements, or the applicable portion thereof, for cemetery
 29 27 merchandise, funeral merchandise, funeral services, or a
 29 28 combination thereof and the amount needed to adjust the amount
 29 29 of the surety bond for inflation as set by the commissioner
 29 30 based on the consumer price index.  The seller shall review
 29 31 the amount of the surety bond no less than annually and shall
 29 32 increase the bond as necessary to reflect additional payments.
 29 33 The amount needed to adjust for inflation shall be added
 29 34 annually to the surety bond during the first quarter of the
 29 35 establishment's fiscal year.
 30  1    9.  With the consent of the purchaser, an existing prepaid
 30  2 purchase agreement with trust-funded benefits may be converted
 30  3 to a prepaid purchase agreement funded by a surety bond
 30  4 provided the establishment and the surety bond comply with the
 30  5 following provisions:
 30  6    a.  The amount of the trust funds transferred to the surety
 30  7 company must be at least equal to the full sum required to be
 30  8 deposited as trust principal under the trust-funded prepaid
 30  9 purchase agreement plus all net earnings accumulated with
 30 10 respect thereto, as of the transfer date.  Commissions,
 30 11 allowances, surrender charges or other forms of compensation
 30 12 or expense loads, premium expense, administrative charges or
 30 13 expenses, or fees shall not be deducted from the trust funds
 30 14 transferred pursuant to the conversion.
 30 15    b.  The face amount of the surety bond issued on an
 30 16 individual must be no less than the amount of principal and
 30 17 interest transferred for that individual to the surety
 30 18 company, and any supplemental surety bond issued to cover the
 30 19 unfunded portion of the purchase agreement must have a face
 30 20 amount that is at least as great as the unfunded principal
 30 21 balance.  The face amount of the surety bond purchased shall
 30 22 not, under the circumstances, be less than the total of all
 30 23 payments made by the purchaser pursuant to the agreement plus
 30 24 all net earnings accumulated with respect thereto, as of the
 30 25 transfer date.
 30 26    c.  The establishment shall maintain a copy of any prepaid
 30 27 trust-funded agreement that was converted to a prepaid
 30 28 purchase agreement funded by a surety bond and retain the
 30 29 payment history records for each converted purchase agreement
 30 30 prior to conversion until the cemetery merchandise, funeral
 30 31 merchandise, and funeral services have been delivered.  
 30 32                          SUBCHAPTER 5
 30 33           PERMIT REQUIREMENTS FOR SELLERS OF CEMETERY
 30 34       MERCHANDISE, FUNERAL MERCHANDISE, FUNERAL SERVICES,
 30 35                    OR A COMBINATION THEREOF
 31  1    Sec. 17.  NEW SECTION.  523A.501  ESTABLISHMENT PERMITS.
 31  2    1.  A person shall not advertise, sell, promote, or offer
 31  3 to furnish cemetery merchandise, funeral merchandise, funeral
 31  4 services, or a combination thereof when performance or
 31  5 delivery may be more than one hundred twenty days following
 31  6 the initial payment on the account without an establishment
 31  7 permit.  Each establishment must have an establishment permit.
 31  8    2.  An application for an establishment permit shall be
 31  9 filed on a form prescribed by the commissioner, be accompanied
 31 10 by a fifty dollar filing fee, and include a copy of each
 31 11 purchase agreement the person will use for sales of cemetery
 31 12 merchandise, funeral merchandise, funeral services, or a
 31 13 combination thereof.
 31 14    3.  The application shall contain:
 31 15    a.  The name and address of the establishment.
 31 16    b.  The name and address of any additional provider of
 31 17 cemetery merchandise, funeral merchandise, funeral services,
 31 18 or a combination thereof.
 31 19    c.  The name and address of each owner, officer, or other
 31 20 official of the establishment, including when relevant the
 31 21 chief executive officer and the members of the board of
 31 22 directors.
 31 23    d.  A description of any common business enterprise or
 31 24 parent company.
 31 25    e.  The types of cemetery merchandise, funeral merchandise,
 31 26 funeral services, or a combination thereof to be sold.
 31 27    f.  The types of trust or trust alternatives utilized by
 31 28 the establishment and a list of the financial institutions,
 31 29 storage facilities, surety companies, and insurance companies
 31 30 utilized by the establishment on a regular basis.
 31 31    4.  A permit holder shall inform the commissioner of
 31 32 changes in the information required to be provided by
 31 33 subsection 3 within thirty days of the change.
 31 34    5.  An establishment permit is not assignable or
 31 35 transferable.  A permit holder selling all or part of an
 32  1 establishment shall cancel the permit and the purchaser shall
 32  2 apply for a new permit in the purchaser's name within thirty
 32  3 days of the sale.
 32  4    6.  The commissioner shall grant or deny a permit
 32  5 application within thirty days after receipt, but the
 32  6 commissioner's failure to act within that time period shall
 32  7 not be deemed approval of the application.  If the
 32  8 commissioner does not grant the permit, the commissioner shall
 32  9 notify the person in writing of the reasons for the denial.
 32 10 The permit shall disclose on its face the permit holder's
 32 11 employer or the establishment on whose behalf the applicant
 32 12 will be making or attempting to make sales, the permit number,
 32 13 and the expiration date.
 32 14    7.  An initial permit is valid for two years from the date
 32 15 the application is filed.  A permit may be renewed for two
 32 16 years by filing the form prescribed by the commissioner under
 32 17 subsection 2, accompanied by a ten dollar renewal fee.
 32 18 Submission of purchase agreements is not required for renewals
 32 19 unless the purchase agreements have been modified since the
 32 20 last filing.
 32 21    8.  The commissioner may by rule create or accept a
 32 22 multijurisdiction establishment permit.  If the establishment
 32 23 permit is issued by another jurisdiction, the rules shall
 32 24 require the filing of an application or notice form and
 32 25 payment of the applicable filing fee of fifty dollars for an
 32 26 initial application and ten dollars for a renewal application.
 32 27 The application or notice form utilized and the effective
 32 28 dates and terms of the permit may vary from the provisions set
 32 29 forth in subsections 2, 3, and 7.
 32 30    Sec. 18.  NEW SECTION.  523A.502  SALES PERMITS.
 32 31    1.  A person shall not advertise, sell, promote, or offer
 32 32 to furnish cemetery merchandise, funeral merchandise, funeral
 32 33 services, or a combination thereof when performance or
 32 34 delivery may be more than one hundred twenty days following
 32 35 initial payment on the account without a sales permit.  A
 33  1 permit holder must be an employee or agent of a person holding
 33  2 an establishment permit who can deliver the cemetery
 33  3 merchandise, funeral merchandise, funeral services, or a
 33  4 combination thereof being sold.  A person must have a sales
 33  5 permit for each establishment at which the person works.
 33  6 However, a person may apply for a sales permit covering
 33  7 multiple establishments, if the establishments have common
 33  8 ownership.  The establishment permit holder is liable for the
 33  9 acts of its employees and agents performed in advertising,
 33 10 selling, promoting, or offering to furnish, upon the future
 33 11 death of a person named or implied in a purchase agreement,
 33 12 cemetery merchandise, funeral merchandise, funeral services,
 33 13 or a combination thereof.
 33 14    2.  This chapter does not permit a person to practice
 33 15 mortuary science without a license.  A person holding a
 33 16 current sales permit may advertise, sell, promote, or offer to
 33 17 furnish a funeral director's services as an employee or agent
 33 18 of a funeral establishment furnishing the funeral services
 33 19 under chapter 156.
 33 20    3.  An application for a sales permit shall be filed on a
 33 21 form prescribed by the commissioner and be accompanied by a
 33 22 five dollar filing fee.
 33 23    4.  The application shall contain:
 33 24    a.  The name and address of the person.
 33 25    b.  The name and address of the person's employer and each
 33 26 establishment on whose behalf the person will be advertising,
 33 27 selling, promoting, or offering to furnish cemetery
 33 28 merchandise, funeral merchandise, funeral services, or a
 33 29 combination thereof.
 33 30    c.  The name and address of the provider who will provide
 33 31 the cemetery merchandise, funeral merchandise, funeral
 33 32 services, or a combination thereof if different from the
 33 33 person's employer.
 33 34    5.  An initial permit expires one year from the date the
 33 35 application is filed.  The permit may be renewed for four
 34  1 years by filing the form prescribed by the commissioner under
 34  2 subsection 3, accompanied by a twenty dollar filing fee.
 34  3    6.  A permit holder shall inform the commissioner of
 34  4 changes in the information required to be provided by
 34  5 subsection 4 within thirty days of the change.
 34  6    7.  A sales permit is not assignable or transferable.  A
 34  7 permit holder selling all or part of a business shall cancel
 34  8 the permit and the purchaser shall apply for a new permit in
 34  9 the purchaser's name within thirty days of the sale.
 34 10    8.  The commissioner shall grant or deny a permit
 34 11 application within thirty days after receipt, but the
 34 12 commissioner's failure to act within that time period shall
 34 13 not be deemed approval of the application.  If the
 34 14 commissioner does not grant the permit, the commissioner shall
 34 15 notify the applicant in writing of the reasons for the denial.
 34 16    9.  The commissioner may by rule create or accept a
 34 17 multijurisdiction sales permit.  If the sales permit is issued
 34 18 by another jurisdiction, the rules shall require the filing of
 34 19 an application or notice form and payment of the applicable
 34 20 filing fee of five dollars for each year.  The application or
 34 21 notice form utilized and the effective dates and terms of the
 34 22 permit may vary from the provisions set forth in subsections 3
 34 23 and 5.
 34 24    Sec. 19.  NEW SECTION.  523A.503  DENIAL, SUSPENSION,
 34 25 REVOCATION, AND SURRENDER OF PERMITS.
 34 26    1.  The commissioner may, pursuant to chapter 17A, deny any
 34 27 permit application or immediately suspend or revoke any permit
 34 28 issued under this chapter for several reasons, including but
 34 29 not limited to:
 34 30    a.  Committing a fraudulent act, engaging in a fraudulent
 34 31 practice, or violating any provision of this chapter or, any
 34 32 implementing rule or order issued under this chapter.
 34 33    b.  Violating any other state or federal law applicable to
 34 34 the conduct of the applicant's or permit holder's business.
 34 35    c.  Insolvency or financial condition.
 35  1    d.  The permit holder, for the purpose of avoiding the
 35  2 trust requirement for funeral services, attributes amounts
 35  3 paid under the purchase agreement to cemetery merchandise or
 35  4 funeral merchandise that is delivered under section 523A.404
 35  5 rather than to funeral services sold to the purchaser.  The
 35  6 sale of funeral services at a lower price when the sale is
 35  7 made in conjunction with the sale of cemetery merchandise or
 35  8 funeral merchandise to be delivered under section 523A.404
 35  9 than the services are regularly and customarily sold for when
 35 10 not sold in conjunction with cemetery merchandise or funeral
 35 11 merchandise is evidence that the permit holder is acting with
 35 12 the purpose of avoiding the trust requirement for funeral
 35 13 services under section 523A.201.
 35 14    e.  Engaging in a deceptive act or practice or deliberately
 35 15 misrepresenting or omitting a material fact regarding the sale
 35 16 of cemetery merchandise, funeral merchandise, funeral
 35 17 services, or a combination thereof under this chapter.
 35 18    f.  Conviction of a criminal offense involving dishonesty
 35 19 or a false statement.
 35 20    g.  Inability to provide the cemetery merchandise, funeral
 35 21 merchandise, funeral services, or a combination thereof which
 35 22 the applicant or permit holder purports to sell.
 35 23    h.  The applicant or permit holder sells the business
 35 24 without filing a prior notice of sale with the commissioner.
 35 25 The permit shall be revoked thirty days following such sale.
 35 26    i.  Selling by a person who is not an employee or agent of
 35 27 the applicant or permit holder.
 35 28    2.  The commissioner may, for good cause shown, suspend any
 35 29 permit for a period not exceeding thirty days, pending
 35 30 investigation.
 35 31    3.  Except as provided in subsection 2, a permit shall not
 35 32 be revoked or suspended except after notice and hearing under
 35 33 chapter 17A.
 35 34    4.  Any permit holder may surrender a permit by delivering
 35 35 to the commissioner written notice that the permit holder
 36  1 surrenders the permit, but the surrender shall not affect the
 36  2 permit holder's civil or criminal liability for acts committed
 36  3 before the surrender.
 36  4    5.  Denial, revocation, suspension, or surrender of a
 36  5 permit does not impair or affect the obligation of any
 36  6 preexisting lawful agreement between the permit holder and any
 36  7 person.  
 36  8                          SUBCHAPTER 6
 36  9                 PURCHASE AGREEMENT REQUIREMENTS
 36 10    Sec. 20.  NEW SECTION.  523A.601  DISCLOSURES.
 36 11    1.  A purchase agreement for cemetery merchandise, funeral
 36 12 merchandise, funeral services, or a combination thereof shall
 36 13 be written in clear, understandable language, and shall be
 36 14 printed or typed in an easy-to-read font, size, and style, and
 36 15 shall:
 36 16    a.  Identify the seller, the salesperson's permit and
 36 17 establishment name and permit number, the expiration date of
 36 18 the salesperson's permit, the purchaser, and the person for
 36 19 whom the cemetery merchandise, funeral merchandise, funeral
 36 20 services, or a combination thereof is purchased, if other than
 36 21 the purchaser.
 36 22    b.  Specify the cemetery merchandise, funeral merchandise,
 36 23 funeral services, or a combination thereof, to be provided,
 36 24 and the cost of each merchandise item or service.
 36 25    c.  State clearly the conditions upon which substitution
 36 26 will be allowed.
 36 27    d.  State the total purchase price and the terms under
 36 28 which it is to be paid.
 36 29    e.  State clearly whether the purchase agreement is a
 36 30 guaranteed price agreement or a nonguaranteed price agreement.
 36 31 A nonguaranteed price agreement shall contain in twelve point
 36 32 bold-faced type an explanation of the consequences of such
 36 33 agreement in substantially the following language:
 36 34    THE PRICES OF MERCHANDISE AND SERVICES UNDER THIS AGREEMENT
 36 35 ARE SUBJECT TO CHANGE IN THE FUTURE.  ANY FUNDS PAID UNDER
 37  1 THIS AGREEMENT ARE ONLY A DEPOSIT TO BE APPLIED, TOGETHER WITH
 37  2 ACCRUED INCOME, TOWARD THE FINAL COSTS OF THE MERCHANDISE OR
 37  3 SERVICES AGREED UPON.  ADDITIONAL CHARGES MAY BE INCURRED WHEN
 37  4 ADDITIONAL MERCHANDISE OR SERVICES OR BOTH ARE PROVIDED OR
 37  5 WHEN PRICES HAVE INCREASED MORE THAN ACCRUED INCOME.
 37  6    f.  State that the purchase of the cemetery merchandise,
 37  7 funeral merchandise, and funeral services is revocable and
 37  8 specify the damages for cancellation, if any.
 37  9    g.  State clearly who has the authority to cancel, amend,
 37 10 or revoke the purchase agreement to purchase cemetery
 37 11 merchandise, funeral merchandise, and funeral services.
 37 12    h.  State clearly that the purchaser is entitled to rescind
 37 13 the purchase agreement under terms and conditions specified by
 37 14 section 523A.602.
 37 15    i.  Include an explanation of regulatory oversight by the
 37 16 insurance division in twelve point bold-faced type, in
 37 17 substantially the following language:
 37 18    THIS AGREEMENT IS SUBJECT TO RULES ADMINISTERED BY THE IOWA
 37 19 INSURANCE DIVISION.  YOU MAY CALL THE INSURANCE DIVISION AT
 37 20 (___) ________.  WRITTEN INQUIRIES OR COMPLAINTS SHOULD BE
 37 21 MAILED TO THE IOWA SECURITIES BUREAU, (STREET ADDRESS),
 37 22 (CITY), IOWA (ZIP CODE).
 37 23    2.  A purchase agreement that is funded by a trust shall
 37 24 also:
 37 25    a.  State the percentage of money to be placed in trust.
 37 26    b.  Explain the disposition of the income generated from
 37 27 investments and include a statement of the purchaser's
 37 28 responsibility for income taxes owed on the income if
 37 29 applicable.
 37 30    c.  State that if, after all payments are made under the
 37 31 conditions and terms of the purchase agreement for cemetery
 37 32 merchandise, funeral merchandise, funeral services, or a
 37 33 combination thereof, any funds remain in the nonguaranteed
 37 34 irrevocable burial trust fund, the seller shall disburse the
 37 35 remaining funds according to law.
 38  1    d.  State clearly the terms of the funeral and burial trust
 38  2 agreement and whether it is revocable or irrevocable.
 38  3    e.  State clearly that the purchaser is entitled to
 38  4 transfer the trust funding, insurance funding, or other trust
 38  5 assets or select another establishment to receive the trust
 38  6 funding, insurance funding, or any other trust assets.
 38  7    f.  State clearly who has the authority to amend or revoke
 38  8 the trust agreement, if revocable, and who has the authority
 38  9 to appoint successor trustees if the purchase agreement is
 38 10 canceled.
 38 11    3.  The commissioner may adopt rules establishing
 38 12 disclosure and format requirements to promote consumer
 38 13 understanding of the merchandise and services purchased and
 38 14 the available funding mechanisms for a purchase agreement
 38 15 under this chapter.
 38 16    4.  A purchase agreement shall be signed by the purchaser,
 38 17 the seller, and if the agreement is for funeral services as
 38 18 defined in chapter 156, a person licensed to deliver funeral
 38 19 services.
 38 20    5.  The seller shall disclose the following information
 38 21 prior to accepting the initial payment under a purchase
 38 22 agreement:
 38 23    a.  The specific method or methods (trust deposits,
 38 24 certificates of deposit, life insurance or an annuity, a
 38 25 surety bond, or warehousing) that will be used to fund the
 38 26 purchase agreement.
 38 27    b.  The relationship between the soliciting agent or
 38 28 agents, the provider of the cemetery merchandise, funeral
 38 29 merchandise, or funeral services, or combination thereof, the
 38 30 commissioner, and any other person.
 38 31    c.  The relationship of the life insurance policy or other
 38 32 trust assets to the funding of the purchase agreement and the
 38 33 nature and existence of any guarantees regarding the purchase
 38 34 agreement.
 38 35    d.  The impact on the purchase agreement of the following:
 39  1    (1)  Changes in the funding, including but not limited to
 39  2 changes in the assignment, beneficiary designation, trustee,
 39  3 or use of proceeds.
 39  4    (2)  Any penalties to be incurred by the purchaser as a
 39  5 result of the failure to make any additional payments
 39  6 required.
 39  7    (3)  Penalties to be incurred upon cancellation.
 39  8    e.  A list of cemetery merchandise, funeral merchandise,
 39  9 and funeral services which are agreed upon under the purchase
 39 10 agreement and all relevant information concerning the price of
 39 11 the cemetery merchandise, funeral merchandise, funeral
 39 12 services, or a combination thereof, including a statement that
 39 13 the purchase price is either guaranteed at the time of
 39 14 purchase or to be determined at the time of need.
 39 15    f.  All relevant information concerning what occurs and
 39 16 whether any entitlements or obligations arise if there is a
 39 17 difference between the funding and the amount actually needed
 39 18 to fund the purchase agreement.
 39 19    g.  Any penalties or restrictions including but not limited
 39 20 to geographic restrictions or the inability of the provider to
 39 21 perform, upon delivery of cemetery merchandise, funeral
 39 22 merchandise, or funeral services, or the purchase agreement
 39 23 guarantee.
 39 24    h.  If the funding is being transferred from another
 39 25 establishment, any material facts related to the revocation of
 39 26 the prior purchase agreement and the transfer of the existing
 39 27 trust funds.
 39 28    Sec. 21.  NEW SECTION.  523A.602  CONSUMER RECISION,
 39 29 CANCELLATION, AND REFUND RIGHTS, AND PURCHASE AGREEMENT
 39 30 COMPLIANCE WITH OTHER LAWS.
 39 31    1.  A seller shall furnish the purchaser with a completed
     

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