Iowa law requires sellers to designate sales license applicants and sets refund rules for canceled plans, while excluding government cemeteries from certain care-fund rules.
Before an applicant receives a sales license, a preneed seller must designate the person and file proof with the commissioner. The applicant must meet all licensing requirements.
When a plan is canceled, transferred, or fulfilled by another seller, the seller must return or transfer at least the inflation-adjusted purchase price. Limited expenses and the value of goods or services already provided may be deducted.
City, county, and township cemeteries are outside the perpetual-care category and its care-fund rules. They do not need the minimum initial deposit, and may sell interment rights under the chapter.
A city, county, or township cemetery may use one of its own officers, workers, or affiliates as trustee when its care fund exceeds $200,000.
A preneed seller must designate a sales license applicant and file documentation of the designation with the commissioner. The applicant must be designated to sell, negotiate, or seek purchase agreements for a preneed seller. The applicant must meet all licensing requirements before receiving a sales license. The seller must file the designation when the person applies for a sales license.
A seller must refund or transfer at least the inflation-adjusted purchase price within 30 days after receiving a written demand. This applies when an agreement is canceled, a purchaser requests a transfer of trust assets after cancellation, or another seller provides the promised merchandise or services. The seller may deduct actual expenses listed in the purchase agreement, up to 10 percent of the purchase price, and the value of merchandise or services already received, delivered, or stored for the purchaser. The seller has 30 days from receiving the written demand to make the refund or transfer.
A government cemetery is excluded from the perpetual-care category and its care-fund subchapter; a government cemetery owned or operated by a governmental subdivision need not make a minimum initial deposit. These provisions apply to government cemeteries owned, operated, or controlled by a city, county, or township. A government cemetery is owned, operated, or controlled by a city, county, or township. A government cemetery owned or operated by a governmental subdivision may sell interment rights under the chapter.
A cemetery owned or operated by a governmental subdivision may have its own officer, director, agent, employee, or affiliate serve as trustee when its care fund exceeds $200,000. The exception applies to a cemetery owned or operated by a governmental subdivision. A governmental subdivision is a city, county, or township.
No hearings or votes scheduled.