Senate Bill No. 499

(By Senators Sprouse and Ball)

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[Introduced February 11, 1999;

referred to the Committee on the Judiciary.]

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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, relating to requiring that preneed cemetery contracts contain an itemized price listing.

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;
(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) Clearly disclose a complete and descriptive itemization of the cost for all property, goods and services that are the subject of the contract; and
(6) (7) Be executed in duplicate and a signed copy given to the buyer.




NOTE: The purpose of this bill is to require the cemetery industry to disclose itemized pricing in preneed cemetery company sales contracts.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.