H. B. 4577
(By Delegates Amores, Spencer and Capito)
[Introduced February 26, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article five-b, chapter
thirty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, requiring preneed cemetery
contracts to itemize charges on contracts.
Be it enacted by the Legislature of West Virginia:
That section five, article five-b, chapter thirty-five of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5B. PRENEED CEMETERY COMPANY PROPERTY, GOODS AND
SERVICES; RELATED CONTRACTS.
§35-5B-5. Requirements for preneed cemetery company contracts.
A preneed cemetery company contract shall:
(1) Be written in clear understandable language and printed
in easy-to-read type, size and style;
(2) Identify the seller, the contract buyer and the person for whom the contract is bought if other than the contract buyer;
(3) Contain a complete description of the property, goods or
services bought, including an itemization of the costs for each
property, goods or service bought including specifically the cost
of the monument, funeral, if applicable, marker, installation,
foundation, opening and closing of grave site and any other
charge for specific items. The failure to provide this
information is a violation of subsection (f), section one hundred
two, article six, chapter forty-six-a of this code, relating to
unfair methods of competition and unfair or deceptive acts or
practice;
(4) Clearly disclose whether the price of the property,
goods or services bought is guaranteed;
(5) Provide that if the particular property, goods and
services specified in the contract are unavailable at the time of
delivery, the seller shall be required to furnish property, goods
and services similar in size and style and at least equal in
quality of material and workmanship and that the representative
of the deceased has the right to reasonably choose the property,
goods or services to be substituted; and
(6) Be executed in duplicate and a signed copy given to the
buyer.
NOTE: The purpose of this bill is to require preneed
cemetery contracts to itemize charges on contracts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.