2004 Legislation
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SENATE BILL NO. 1276 – Endowment care cemetery, reports

SENATE BILL NO. 1276

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Bill Status



S1276.......................................by COMMERCE AND HUMAN RESOURCES
ENDOWMENT CARE CEMETERIES - Amends and adds to existing law relating to
endowment care cemeteries to increase permissible compensation to fund
trustees to one and one-half percent of the principal of the trust fund; to
provide that annual reports shall be prepared by a licensed independent
certified public accountant or by a member of the Canadian Institute of
Chartered Accountants; and to provide that all records of a cemetery
authority are subject to examination.
                                                                        
02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to Com/HuRes
02/11    Rpt out - rec d/p - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 32-0-3
      AYES -- Bailey, Bunderson, Burkett, Calabretta, Cameron, Compton,
      Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble,
      Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Andreason, Brandt, Burtenshaw
    Floor Sponsor - Compton
    Title apvd - to House
02/18    House intro - 1st rdg - to Com/HuRes
02/26    Rpt out - Ref'd to Bus
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 59-0-11
      AYES -- Andersen, Barrett, Bauer, Bayer, Black, Block, Boe, Bolz,
      Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jones, Kellogg, Kulczyk, Langford,
      Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
      Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Barraclough, Bedke, Bell, Crow, Jaquet, Lake,
      Moyle, Raybould, Ridinger, Stevenson, Mr. Speaker
    Floor Sponsor - Cannon
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed - Sp signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 298
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1276
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ENDOWMENT CARE CEMETERY ACT; AMENDING  SECTION  27-408,  IDAHO
  3        CODE, TO INCREASE THE PERMISSIBLE COMPENSATION TO FUND TRUSTEES TO ONE AND
  4        ONE-HALF  PERCENT OF THE PRINCIPAL OF THE TRUST FUND AND TO MAKE TECHNICAL
  5        CORRECTIONS; AMENDING SECTION 27-411, IDAHO CODE, TO PROVIDE  THAT  ANNUAL
  6        REPORTS  SHALL  BE  PREPARED  BY  A  LICENSED INDEPENDENT CERTIFIED PUBLIC
  7        ACCOUNTANT OR BY A MEMBER OF THE CANADIAN INSTITUTE OF  CHARTERED  ACCOUN-
  8        TANTS,  TO  MAKE  TECHNICAL CORRECTIONS AND TO CORRECT A CODIFIER'S ERROR;
  9        AND AMENDING CHAPTER 4, TITLE 27, IDAHO CODE, BY THE  ADDITION  OF  A  NEW
 10        SECTION  27-413,  IDAHO  CODE,  TO  PROVIDE THAT ALL RECORDS OF A CEMETERY
 11        AUTHORITY ARE SUBJECT TO EXAMINATION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 27-408, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
                                                                        
 15        27-408.  INSTRUMENT  IN  WRITING.  The trust fund so created shall be evi-
 16    denced by an instrument in writing, and  shall  contain  in  addition  to  the
 17    requirements of section 27-407, Idaho Code, the following provisions:
 18        (a)  That  there shall be designated a trustee under this act, which shall
 19    be any federally insured financial institution located  within  the  state  of
 20    Idaho, duly authorized to transact a trust business, or the board of directors
 21    of the cemetery authority. When the trust fund is in the care of such board of
 22    directors  as  a  board  of  trustees, the secretary of the cemetery authority
 23    shall act as its secretary and keep a true record of all of its proceedings.
 24        (b)  Where the trust is vested in such board of directors as  a  board  of
 25    trustees,  each  of  said  trustees shall file with the administrator a surety
 26    bond in the amount of five thousand dollars  ($5,000),  conditioned  upon  his
 27    full and faithful performance of his trust obligations.
 28        (c)  As  compensation,  the trustee, whether it be a financial institution
 29    acting in such capacity or the board of directors of a cemetery authority act-
 30    ing as the trustee, shall be entitled to compensation in an amount not exceed-
 31    ing twenty-five dollars ($25.00) quarterly, or a sum equal to one and one-half
 32    of one percent (1 1/2%) per annum of the principal of the trust  fund,  which-
 33    ever is the greater.
 34        (d)  In  connection  with  its  investment  of the trust fund, the trustee
 35    shall be governed by the terms of the Uuniform Pprudent Iinvestor Aact,  chap-
 36    ter  5,  title  68, Idaho Code, as presently enacted or as may be from time to
 37    time amended.
 38        (e)  The principal of the trust fund shall remain permanently  intact  and
 39    only  the  income therefrom shall be expended. The income shall be used exclu-
 40    sively for the care of those portions of the cemetery in which lots have  been
 41    sold  with  the  provision  for perpetual or endowed care. It is the intent of
 42    this section that the income of said fund shall be used solely for the care of
 43    lots or other burial spaces sold to third persons with the provision for  per-
                                                                        
                                           2
                                                                        
  1    petual  or endowed care, and the care and embellishment of such other portions
  2    of the cemetery as may be desirable to preserve the beauty and dignity of  the
  3    lots sold.
  4        (f)  The  initial  endowment  care fund established for any cemetery shall
  5    remain in an irrevocable trust fund until such time as this fund  has  reached
  6    the  sum  of one hundred thousand dollars ($100,000), when it may be withdrawn
  7    at the rate of two thousand dollars ($2,000) from the original fifty  thousand
  8    dollars  ($50,000)  for each additional six thousand dollars ($6,000) added to
  9    the fund, this to continue until the entire original fifty thousand    dollars
 10    ($50,000) has been withdrawn by the cemetery authority.
                                                                        
 11        SECTION  2.  That  Section  27-411, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        27-411.  ANNUAL REGISTRATION STATEMENT WITH ADMINISTRATOR. Every  cemetery
 14    authority  owning, operating, controlling or managing an endowed care cemetery
 15    shall register with the administrator, by filing an annual registration state-
 16    ment on forms furnished by said administrator, which shall show, as of the end
 17    of the preceding calendar year or fiscal year, whichever is more convenient to
 18    the cemetery authority, the following:
 19        (a)  The amount of the principal of the care funds held by the trustee  of
 20    said  funds  of such cemetery authority, at the beginning of such year, and in
 21    addition thereto all moneys or property received during such  year,  from  the
 22    following sources:
 23        (1)  Under and by virtue of the sale of a lot, grave, crypt or niche.
 24        (2)  Under  and  by virtue of any gift, grant, devise, bequest, payment or
 25        other contribution made subsequent to the effective date of  the  Eendowed
 26        Ccare Ccemetery Aact of 1963.
 27        (b)  The  income received from such care funds during the preceding calen-
 28    dar or fiscal year as the case may be. Where any of the care funds of a  ceme-
 29    tery authority are held by a trustee, other than the board of directors of the
 30    cemetery  authority,  the  annual registration statement filed by any cemetery
 31    authority shall also contain a certificate signed by the trustee of  the  care
 32    funds  of such cemetery authority certifying to the truthfulness of the state-
 33    ments in the report as to:
 34        (1)  The total amount of principal of the care funds held by the trustee.
 35        (2)  The securities in which such care funds are invested and the cash  on
 36        hand as of the day of the report; and
 37        (3)  The  income received from such care funds during the preceding calen-
 38        dar year or fiscal year as the case may be.
 39        Such statement shall be filed by  the  cemetery  authority  on  or  before
 40    December 31 of each calendar year with the director administrator. If the fis-
 41    cal  year  of  such cemetery authority is other than on a calendar year basis,
 42    then such statement shall be filed within thirty (30) days of the end  of  its
 43    fiscal  year.  A  filing fee in an amount to be fixed by the administrator but
 44    not to exceed the sum of one hundred fifty dollars ($150) shall be payable  at
 45    the  time of the filing of the annual statement. All reports shall be prepared
 46    by an independent certified public accountant licensed in the state  of  Idaho
 47    or by a member of the Canadian institute of chartered accountants.
                                                                        
 48        SECTION  3.  That  Chapter  4,  Title  27, Idaho Code, be, and the same is
 49    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 50    ignated as Section 27-413, Idaho Code, and to read as follows:
                                                                        
 51        27-413.  RECORDS SUBJECT TO EXAMINATION. All records of a cemetery author-
                                                                        
                                           3
                                                                        
  1    ity  are subject at any time or from time to time to such reasonable periodic,
  2    special or other examinations, within or without this  state,  by  representa-
  3    tives  of the administrator, as the administrator deems necessary or appropri-
  4    ate in the public interest.

Statement of Purpose / Fiscal Impact


                     STATEMENT  OF  PURPOSE
                            RS 13512
This bill amends the Endowment Care Cemetery Act in the following
ways:

(1)The bill increases the amount of compensation to which a fund
trustee is entitled from .5% to 1.5% of the principal of the trust
fund to better reflect current market compensation rates;
(2)Permits out of state certified public accountants and the
Canadian equivalent of a CPA to prepare and submit cemetery annual
registration statements; and
(3)Provides explicit authority for Department of Finance
examination of cemetery records.



                         FISCAL  IMPACT
No fiscal impact.



CONTACT   
Name:     Marilyn Chastain
Agency:   Department of Finance
Phone:    332-8070

Statement of Purpose/Fiscal Impact                   S 1276