2005 Idaho Code - 54-1138 — ENFORCEMENT PENALTY -- DISCLOSURE OF CONTRACTS UPON SALE OF BUSINESS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 11
                        MORTICIANS, FUNERAL DIRECTORS
                                AND EMBALMERS
    54-1138.  ENFORCEMENT PENALTY -- DISCLOSURE OF CONTRACTS UPON SALE OF
BUSINESS. (1) Sections 54-1129 through 54-1143, Idaho Code, shall be enforced
by the Idaho state board of morticians or by the Idaho state board of
cemeterians, depending upon whether the seller is a mortician/funeral director
or cemeterian, who shall have authority to promulgate rules to enforce the
provisions.
    (2)  Any person violating the provisions of sections 54-1129 through
54-1143, Idaho Code, shall be guilty of a misdemeanor unless such act is
punishable as a felony elsewhere under law.
    (3)  No funeral service or funeral merchandise provider, be it funeral
home or cemetery or third party seller, shall go out of business or sell a
substantial part or all of its assets to any other person or firm without
first disclosing the full particulars of all prearrangement sales contracts
entered into by such seller, including the date of such contract, the
purchaser thereof, the beneficiary, the amount of the trust, the name and
location of trustee, and the merchandise or services to be provided under the
terms of the contract.