House File 192
HOUSE FILE
BY KLEMME
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting a cancellation penalty upon cancellation of a
2 purchase agreement for cemetery merchandise, funeral
3 merchandise, and funeral services.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1605HH 80
6 av/sh/8
PAG LIN
1 1 Section 1. Section 523A.602, subsection 2, paragraph b,
1 2 Code 2003, is amended to read as follows:
1 3 b. If a purchase agreement is canceled, a purchaser
1 4 requests a transfer of the trust assets upon cancellation of a
1 5 purchase agreement, or another establishment provides
1 6 merchandise or services designated in a purchase agreement,
1 7 the seller shall refund or transfer within thirty days of
1 8 receiving a written demand no less than the purchase price of
1 9 the applicable cemetery merchandise, funeral merchandise, and
1 10 funeral services adjusted for inflation, using the consumer
1 11 price index amounts announced by the commissioner annually,
1 12 less any cancellation penalty actual expenses incurred by the
1 13 seller pursuant to the purchase agreement as set forth in the
1 14 purchase agreement under section 523A.601, subsection 1,
1 15 paragraph "f". The amount of the cancellation penalty actual
1 16 expenses deducted by the seller shall not exceed ten percent
1 17 of the purchase price of the applicable cemetery merchandise,
1 18 funeral merchandise, and funeral services. The seller may
1 19 also deduct the value of the cemetery merchandise, funeral
1 20 merchandise, and funeral services already received by,
1 21 delivered to, or warehoused for the purchaser.
1 22 EXPLANATION
1 23 This bill prohibits a cancellation penalty upon
1 24 cancellation of a purchase agreement for cemetery merchandise,
1 25 funeral merchandise, funeral services, or a combination
1 26 thereof by providing that when such a purchase agreement is
1 27 canceled, the seller of the purchase agreement must refund or
1 28 transfer, upon a written demand, no less than the purchase
1 29 price of the applicable cemetery merchandise, funeral
1 30 merchandise, and funeral services adjusted for inflation,
1 31 using the consumer price index amounts announced by the
1 32 commissioner annually, less any actual expenses incurred by
1 33 the seller which have been specified in the purchase
1 34 agreement. The bill also provides that the amount of actual
1 35 expenses deducted from the purchase price by the seller cannot
2 1 exceed 10 percent of the purchase price of the applicable
2 2 cemetery merchandise, funeral merchandise, and funeral
2 3 services.
2 4 LSB 1605HH 80
2 5 av/sh/8