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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN 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 32of onepercent (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 theUuniformPprudentIinvestorAact, 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 theEendowed 26CcareCcemeteryAact 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 thedirectoradministrator. 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 accountantlicensed in the state of Idaho47 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 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