House Journal: Page 1354: Monday, April 23, 2001
15 Sec. . NEW SECTION. 523A.701 MISLEADING
16 FILINGS.
17 It is unlawful for a person to make or cause to be
18 made, in any document filed with the commissioner, or
19 in any proceeding under this chapter, any statement of
20 material fact which is, at the time and in the light
21 of the circumstances under which it is made, false or
22 misleading, or, in connection with such statement, to
23 omit to state a material fact necessary in order to
24 make the statements made, in the light of the
25 circumstances under which they are made, not
26 misleading.
27 Sec. . NEW SECTION. 523A.702
28 MISREPRESENTATIONS OF GOVERNMENT APPROVAL.
29 It is unlawful for a seller under this chapter to
30 represent or imply in any manner that the seller has
31 been sponsored, recommended, or approved, or that the
32 seller's abilities or qualifications have in any
33 respect been passed upon by the commissioner.
34 Sec. . NEW SECTION. 523A.703 FRAUDULENT
35 PRACTICES.
36 A person who commits any of the following acts
37 commits a fraudulent practice and is punishable as
38 provided in chapter 714:
39 1. Knowingly fails to comply with any requirement
40 of this chapter.
41 2. Knowingly makes, causes to be made, or
42 subscribes to a false statement or representation in a
43 report or other document required under this chapter,
44 implementing rules, or orders, or renders such a
45 report or document misleading through the deliberate
46 omission of information properly belonging in the
47 report or document.
48 3. Conspires to defraud in connection with the
49 sale of cemetery merchandise, funeral merchandise,
50 funeral services, or a combination thereof under this
Page 34
1 chapter.
2 4. Fails to deposit funds under sections 523A.201
3 and 523A.202 or withdraws any funds in a manner
4 inconsistent with this chapter.
5 5. Knowingly sells or offers cemetery merchandise,
6 funeral merchandise, funeral services, or a
7 combination thereof without an establishment permit.
8 6. Deliberately misrepresents or omits a material
9 fact relative to the sale of cemetery merchandise,
10 funeral merchandise, funeral services, or a
11 combination thereof under this chapter. When selling
12 cemetery merchandise or funeral merchandise, a seller
13 shall not exclude the funeral services necessary for
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League of Women Voters of Iowa
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