Senate File 2349 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2349
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE PRENEED SALE OF CEMETERY AND FUNERAL
  1  5    MERCHANDISE AND FUNERAL SERVICES.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 523A.102, subsection 27, Code
  1 10 Supplement 2007, is amended to read as follows:
  1 11    27.  "Seller" or "preneed seller" means a person doing
  1 12 business within this state, including a person doing business
  1 13 within this state who sells insurance, who advertises, sells,
  1 14 promotes, or offers to furnish cemetery merchandise, funeral
  1 15 merchandise, funeral services, or a combination thereof when
  1 16 performance or delivery may be more than one hundred twenty
  1 17 days following the initial payment on the account whether the
  1 18 transaction is completed or offered in person, through the
  1 19 mail, over the telephone, by the internet, or through any
  1 20 other means of commerce.  "Seller" or "preneed seller"
  1 21 includes any person performing any term of a purchase
  1 22 agreement executed within this state, and any person
  1 23 identified under a burial account as the provider of cemetery
  1 24 merchandise, funeral merchandise, funeral services, or a
  1 25 combination thereof.  "Seller" or "preneed seller" does not
  1 26 include a person who has an ownership interest in a seller or
  1 27 preneed seller but who is not actively engaged in advertising,
  1 28 selling, promoting, or offering to furnish such cemetery
  1 29 merchandise, funeral merchandise, funeral services, or a
  1 30 combination thereof.
  1 31    Sec. 2.  Section 523A.203, Code Supplement 2007, is amended
  1 32 by adding the following new subsection:
  1 33    NEW SUBSECTION.  5A.  A financial institution acting as a
  1 34 trustee of trust funds under this chapter shall notify each
  1 35 purchaser within sixty days from the date of deposit
  2  1 confirming that a deposit has been made establishing a trust
  2  2 fund for the purchaser's payments made under the purchase
  2  3 agreement.
  2  4    Sec. 3.  Section 523A.203, subsection 6, Code Supplement
  2  5 2007, is amended by adding the following new paragraph:
  2  6    NEW PARAGRAPH.  d.  Use any funds required to be held in
  2  7 trust pursuant to section 523A.201 to purchase an insurance
  2  8 policy or annuity.
  2  9    Sec. 4.  Section 523A.405, subsection 8, Code Supplement
  2 10 2007, is amended to read as follows:
  2 11    8.  The amount of the surety bond shall equal eighty
  2 12 percent of the payments received pursuant to purchase
  2 13 agreements, or the applicable portion thereof, for cemetery
  2 14 merchandise, funeral merchandise, funeral services, or a
  2 15 combination thereof, and the amount needed to adjust the
  2 16 amount of the surety bond for inflation as set by the
  2 17 commissioner based on the consumer price index.  The seller
  2 18 shall review the amount of the surety bond no less than
  2 19 annually and shall increase the bond as necessary to reflect
  2 20 additional payments.  The amount needed to adjust for
  2 21 inflation shall be added annually to the surety bond during
  2 22 the first quarter of the establishment's seller's fiscal year.
  2 23    Sec. 5.  Section 523A.501, subsection 3, paragraph a, Code
  2 24 Supplement 2007, is amended to read as follows:
  2 25    a.  The commissioner shall request and obtain,
  2 26 notwithstanding section 692.2, subsection 5, criminal history
  2 27 data for any director of, or person with a financial interest
  2 28 in, a preneed seller who is an applicant for an initial
  2 29 license issued pursuant to this section, any an applicant for
  2 30 reinstatement of a license issued pursuant to this section, or
  2 31 any a licensee who is being monitored as a result of a
  2 32 commission order or agreement resolving an administrative
  2 33 disciplinary action, for the purpose of evaluating the
  2 34 applicant's or licensee's eligibility for licensure or
  2 35 suitability for continued practice as a preneed seller, as
  3  1 required by the commissioner by rules adopted pursuant to
  3  2 chapter 17A.  The commissioner shall adopt rules pursuant to
  3  3 chapter 17A to implement this section may limit this
  3  4 requirement to those persons who have the ability to control
  3  5 or direct control of trust funds under this chapter.  The
  3  6 commissioner shall inform the an applicant or licensee of to
  3  7 whom the criminal history requirement applies and obtain a
  3  8 signed waiver from the applicant or licensee prior to
  3  9 submitting a criminal history data request.
  3 10    Sec. 6.  Section 523A.501, subsection 4, Code Supplement
  3 11 2007, is amended to read as follows:
  3 12    4.  The commissioner shall request and obtain a financial
  3 13 history for any director of, or person with a financial
  3 14 interest in, a preneed seller who is an applicant for an
  3 15 initial license issued pursuant to this section, any an
  3 16 applicant for reinstatement of a license issued pursuant to
  3 17 this section, or any a licensee who is being monitored as a
  3 18 result of a commission order or agreement resolving an
  3 19 administrative disciplinary action, for the purpose of
  3 20 evaluating the applicant's or licensee's eligibility for
  3 21 licensure or suitability for continued practice as a preneed
  3 22 seller, as required by the commissioner by rules adopted
  3 23 pursuant to chapter 17A.  The commissioner may limit this
  3 24 requirement to those persons who have the ability to control
  3 25 or direct control of trust funds under this chapter.
  3 26 "Financial history" means the record of a person's current
  3 27 loans, the date of a person's loans, the amount of the loans,
  3 28 the person's payment record on the loans, current liens
  3 29 against the person's property, and the person's most recent
  3 30 financial statement setting forth the assets, liabilities, and
  3 31 the net worth of the person.
  3 32    Sec. 7.  Section 523A.502, subsection 6, Code Supplement
  3 33 2007, is amended to read as follows:
  3 34    6.  A sales agent licensed pursuant to this section shall
  3 35 satisfactorily fulfill continuing education requirements for
  4  1 the license as prescribed by the commissioner by rule.
  4  2 However, this continuing education requirement is not
  4  3 applicable to a sales agent who is also a licensed insurance
  4  4 producer under chapter 522B or a licensed funeral director
  4  5 under chapter 156.
  4  6    Sec. 8.  Section 523A.601, subsection 6, paragraph a, Code
  4  7 Supplement 2007, is amended to read as follows:
  4  8    a.  A purchase agreement that is funded by a trust shall
  4  9 include a conspicuous statement in language substantially
  4 10 similar to the following language:
  4 11    "For your prearranged funeral agreement, we will deposit
  4 12 not less than eighty percent of your payments in trust at
  4 13 (name of financial institution), (street address), (city),
  4 14 (state) (zip code) within fifteen days following receipt of
  4 15 the funds.  For your protection, you have the right to contact
  4 16 will be notified within sixty days from the date of deposit
  4 17 from the financial institution directly, if acting as a
  4 18 trustee of trust funds under this chapter, to confirm that the
  4 19 deposit of these funds occurred has been made establishing a
  4 20 trust fund as required by law.  If you unable to confirm the
  4 21 deposit of these funds in trust do not receive this
  4 22 notification, you may contact the Iowa insurance division for
  4 23 assistance by calling the insurance division at (telephone
  4 24 number) or by mail at (street address), (city), Iowa (zip
  4 25 code), or you may contact the financial institution by calling
  4 26 the financial institution at (telephone number) or by mail at
  4 27 the address indicated above."
  4 28    Sec. 9.  NEW SECTION.  523A.810A  ELECTRONIC FILING.
  4 29    The commissioner shall, by rule, develop a system and
  4 30 procedures and a format for electronic filing of documents
  4 31 required to be filed with the commissioner under this chapter.
  4 32    Sec. 10.  Section 523A.811, subsection 1, paragraph c, Code
  4 33 Supplement 2007, is amended to read as follows:
  4 34    c.  The amount of funds currently held in trust for
  4 35 cemetery merchandise, funeral merchandise, and funeral
  5  1 services is less than eighty percent of all payments made
  5  2 under the purchase agreements referred to in the amount
  5  3 required in section 523A.201, subsection 2 or 3, as
  5  4 applicable.
  5  5
  5  6
  5  7                                                             
  5  8                               JOHN P. KIBBIE
  5  9                               President of the Senate
  5 10
  5 11
  5 12                                                             
  5 13                               PATRICK J. MURPHY
  5 14                               Speaker of the House
  5 15
  5 16    I hereby certify that this bill originated in the Senate and
  5 17 is known as Senate File 2349, Eighty=second General Assembly.
  5 18
  5 19
  5 20                                                             
  5 21                               MICHAEL E. MARSHALL
  5 22                               Secretary of the Senate
  5 23 Approved                , 2008
  5 24
  5 25
  5 26                                
  5 27 CHESTER J. CULVER
  5 28 Governor