House File 5HOUSE FILE BY PETTENGILL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring all payments for prepaid cemetery and funeral 2 merchandise, and funeral services to be placed in trust or 3 secured by a surety bond. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1577YH 83 6 av/nh/8 PAG LIN 1 1 Section 1. Section 523A.201, subsections 2 and 3, Code 1 2 2009, are amended to read as follows: 1 3 2. If a seller agrees to furnish cemetery merchandise, 1 4 funeral merchandise, funeral services, or a combination 1 5 thereof and performance or delivery may be more than one 1 6 hundred twenty days following the initial payment on the 1 7 account, a minimum of eighty percent ofall payments made 1 8 under the purchase agreement shall be placed and remain in 1 9 trust until the person for whose benefit the funds were paid 1 10 dies. 1 11 3. If a purchase agreement for cemetery merchandise, 1 12 funeral merchandise, funeral services, or a combination 1 13 thereof provides that payments are to be made in installments, 1 14 the seller shall depositeighty percent of each paymentall 1 15 payments made under the purchase agreement in the trust fund 1 16 until the full amount required to be placed in trust has been 1 17 deposited. If the purchase agreement is financed with or sold 1 18 to a financial institution, the purchase agreement shall be 1 19 considered paid in full and the trust requirements shall be 1 20 satisfied within fifteen days after the seller receives funds 1 21 from the financial institution. 1 22 Sec. 2. Section 523A.201, subsection 5, Code 2009, is 1 23 amended by striking the subsection. 1 24 Sec. 3. Section 523A.405, subsection 8, Code 2009, is 1 25 amended to read as follows: 1 26 8. The amount of the surety bond shall equaleighty 1 27 percentthe amount of the payments received pursuant to 1 28 purchase agreements, or the applicable portion thereof, for 1 29 cemetery merchandise, funeral merchandise, funeral services, 1 30 or a combination thereof, and the amount needed to adjust the 1 31 amount of the surety bond for inflation as set by the 1 32 commissioner based on the consumer price index. The seller 1 33 shall review the amount of the surety bond no less than 1 34 annually and shall increase the bond as necessary to reflect 1 35 additional payments. The amount needed to adjust for 2 1 inflation shall be added annually to the surety bond during 2 2 the first quarter of the seller's fiscal year. 2 3 Sec. 4. Section 523A.601, subsection 6, paragraph a, Code 2 4 2009, is amended to read as follows: 2 5 a. A purchase agreement that is funded by a trust shall 2 6 include a conspicuous statement in language substantially 2 7 similar to the following language: 2 8 "For your prearranged funeral agreement, we will deposit 2 9not less than eighty percentall of your payments in trust at 2 10 (name of financial institution), (street address), (city), 2 11 (state) (zip code) within fifteen days following receipt of 2 12 the funds. For your protection, you will be notified within 2 13 sixty days from the date of depositfromby the financial 2 14 institution, if acting as a trustee of trust funds under this 2 15 chapter, to confirm that the deposit of these funds has been 2 16 made establishing a trust fund as required by law. If you do 2 17 not receive this notification, you may contact the Iowa 2 18 insurance division for assistance by calling the insurance 2 19 division at (telephone number) or by mail at (street address), 2 20 (city), Iowa (zip code), or you may contact the financial 2 21 institution by calling the financial institution at (telephone 2 22 number) or by mail at the address indicated above." 2 23 EXPLANATION 2 24 This bill requires that all payments made pursuant to a 2 25 purchase agreement for cemetery merchandise, funeral 2 26 merchandise, funeral services, or a combination thereof, where 2 27 performance or delivery under the agreement may be more than 2 28 120 days following initial payment on the account, must be 2 29 placed in trust or secured by a surety bond in that amount. 2 30 Currently, only 80 percent of the amount of such payments is 2 31 required to be placed in trust or secured by a surety bond. 2 32 LSB 1577YH 83 2 33 av/nh/8.1