House Amendment 1627
PAG LIN
1 1 Amend Senate File 559, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 14, line 16, by striking the words <,
1 4 including a copy of> and inserting the following:
1 5 <describing>.
1 6 #2. Page 17, lines 28 and 29, by striking the
1 7 words <the end of the calendar month that we received>
1 8 and inserting the following: <receipt of>.
1 9 #3. Page 18, by striking lines 5 through 8, and
1 10 inserting the following:
1 11 <"An>.
1 12 #4. Page 18, line 15, by inserting after the word
1 13 <confirmation.> the following: <For your protection,
1 14 you have the right to confirm that the insurance
1 15 policy or annuity is issued as required by law.>
1 16 #5. Page 18, by striking lines 26 through 29, and
1 17 inserting the following:
1 18 <"Coverage under a surety bond in>.
1 19 #6. Page 19, line 4, by inserting after the word
1 20 <agreement.> the following: <For your protection, you
1 21 have the right to confirm that the surety bond is
1 22 issued as required by law.>
1 23 #7. Page 20, by striking lines 8 through 18, and
1 24 inserting the following:
1 25 <Sec. . Section 523A.703, Code 2007, is amended
1 26 to read as follows:
1 27 523A.703 FRAUDULENT PRACTICES.
1 28 A Except as otherwise provided in section 523A.704,
1 29 a person who willfully commits any of the following
1 30 acts commits a fraudulent practice and is punishable
1 31 as provided in chapter 714:
1 32 1. Knowingly fails Fails to comply with any
1 33 requirement of this chapter, or any rule adopted or
1 34 order issued under this chapter.
1 35 2. Knowingly makes Makes, causes to be made, or
1 36 subscribes to a false statement or representation in a
1 37 report or other document required under this chapter,
1 38 implementing rules, or orders, or renders such a
1 39 report or document misleading through the deliberate
1 40 omission of information properly belonging in the
1 41 report or document.
1 42 3. Conspires to defraud in In connection with the
1 43 sale of cemetery merchandise, funeral merchandise,
1 44 funeral services, or a combination thereof under this
1 45 chapter, directly or indirectly makes an untrue
1 46 statement of a material fact or omits to state a
1 47 material fact that is necessary to make the statements
1 48 made, in light of the circumstances under which they
1 49 were made, not misleading.
1 50 4. Fails to deposit funds under sections 523A.201
2 1 and 523A.202 or withdraws any funds in a manner
2 2 inconsistent with this chapter. Unless the purchase
2 3 agreement expressly provides otherwise, excludes in
2 4 the sale of cemetery merchandise, funeral merchandise,
2 5 or a combination thereof, funeral services that are
2 6 necessary for the delivery, use, or installation of
2 7 the cemetery merchandise or funeral merchandise at the
2 8 time of the burial or funeral.
2 9 5. Knowingly sells or offers cemetery merchandise,
2 10 funeral merchandise, funeral services, or a
2 11 combination thereof without an establishment permit.
2 12 6. Deliberately misrepresents or omits a material
2 13 fact relative to the sale of cemetery merchandise,
2 14 funeral merchandise, funeral services, or a
2 15 combination thereof under this chapter. When selling
2 16 cemetery merchandise or funeral merchandise, a seller
2 17 shall not exclude the funeral services necessary for
2 18 the delivery, use, or installation of the cemetery
2 19 merchandise or funeral merchandise at the time of the
2 20 funeral or burial unless the purchase agreement
2 21 expressly provides otherwise.
2 22 Sec. . NEW SECTION. 523A.704 VIOLATIONS.
2 23 A person who willfully violates section 523A.501,
2 24 subsection 1, or section 523A.502, subsection 1, is
2 25 guilty of a class "D" felony.>
2 26 #8. Page 26, line 29, by inserting after the word
2 27 <requirement> the following: <or the seller has
2 28 previously provided to the commissioner a certified
2 29 copy of an audit conducted by an independent certified
2 30 public accountant verifying compliance with this
2 31 chapter for each year in question and the examination
2 32 conducted by the commissioner does not disclose that
2 33 the seller has not complied with this chapter for the
2 34 years in question>.
2 35 #9. By renumbering as necessary.
2 36
2 37
2 38
2 39 COMMITTEE ON COMMERCE
2 40 PETERSEN of Polk, Chairperson
2 41 SF 559.203 82
2 42 av/es/8934
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