West Virginia 2022 Regular Session

West Virginia House Bill HB3273

Introduced
1/12/22  

Caption

A bill relating to pre-need funeral solicitation

Impact

If passed, HB 3273 would directly alter the current stipulations outlined in the West Virginia Code, particularly Section 47-14-10. The current law imposes strict limitations on how funeral businesses can solicit potential clients, especially individuals in sensitive situations such as those in hospitals or nursing homes. By relaxing these restrictions, the bill aims to create a more lenient regulatory framework that recognizes the potential benefits of proactive communication regarding preneed funeral arrangements.

Summary

House Bill 3273 seeks to amend existing legislation in West Virginia regarding the solicitation practices for preneed funeral services. The bill proposes to allow for telephone solicitations and home visits for individuals offering preneed funeral contracts, which are agreements made prior to a funeral to secure services at a future date. The intention behind this amendment is to expand the ways funeral service providers can engage potential customers, which advocates argue could enhance access to funeral planning options for families in need.

Sentiment

The sentiment surrounding HB 3273 appears mixed. Supporters of the bill endorse the idea that greater solicitation permissions could lead to more informed consumers and healthier competition among funeral service providers. They claim that it allows families to prepare for future needs in a more accessible manner. However, critics argue that enabling such solicitations could take advantage of vulnerable populations, particularly those facing bereavement or terminal illness, raising ethical concerns about exploitation during emotionally charged times.

Contention

Notable points of contention include the ethical implications of soliciting vulnerable individuals. Many opponents worry that without strict boundaries, funeral service agents could unduly pressure individuals or families into purchasing services they may not need or fully understand. Critics stress the importance of maintaining rigorous protections to prevent exploitation under the guise of helpfulness, highlighting the need for additional measures to protect consumers, especially in moments of emotional distress.

Companion Bills

No companion bills found.

Previously Filed As

WV LD867

An Act Regarding Pre-need Funeral Insurance

WV SB989

Declinable preneed funeral guarantee fee; amends definition.

WV SB0354

Consumer protection: solicitations; provisions relating to the regulation of home solicitations and telephone solicitations; remove telephone solicitations. Amends title & secs. 1 & 3 of 1971 PA 227 (MCL 445.111 & 445.113) & repeals secs. 1a - 1e of 1971 PA 227 (MCL 445.111a - 445.111e). TIE BAR WITH: SB 0351'25

WV SB0353

Consumer protection: solicitations; unfair trade practices; revise practices relating to deceptive telephone solicitations. Amends sec. 3 of 1976 PA 331 (MCL 445.903). TIE BAR WITH: SB 0351'25

WV HB4483

Relating to funeral service licensure and administration

WV HB3865

Relating to telephone solicitations.

WV H1231

Final Disposition, Funeral, and Cemetery Services

WV S0598

Funeral, Cemetery, and Consumer Services

WV HB582

Regards embalmers, funeral directors, and crematories

WV SB1739

Creates provisions relating to solicitations to buy real property

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