Date: 02/14/2006

Final
BILL SUMMARY for HB06-1268

HOUSE COMMITTEE ON LOCAL GOVERNMENT

Votes: View--> Action Taken:
Refer the bill to the Committee of the Whole. ThePASS


01:37 PM -- House Bill 06-1268

Representative Riesberg, bill sponsor, provided an explanation of the provisions of HB 06-1268 regarding the right of cemeteries to reclaim abandoned grave sites. He clarified that when individuals purchase a plot, they are purchasing the right to be buried in that plot but they are not purchasing a property right. He indicated the problems cemeteries are facing that point to the need for the bill. He spoke to estimates from cemeteries on the numbers of grave sites this bill would open. Representative Riesberg responded to a committee question about why this property is not treated as other unclaimed property through the unclaimed property program in the state treasurer's office. Representative Riesberg also responded to committee questions regarding whether cemetery plots are, or are not, deeded property. Representative Riesberg also responded to questions regarding the adequacy of the 75-year time period the bill specifies cemeteries must wait before beginning the process to have the site declared abandoned. In response to a committee question regarding the "double billing" for cemetery plots that are declared abandoned and then resold, Representative Riesberg spoke to the costs of upkeep for cemeteries. Representative Riesberg also responded to committee questions regarding notification to individuals who have moved to another state since purchasing the plot and regarding the effective date of the bill.


02:02 PM

Barbara Eastin, Colorado Association of Cemeteries, spoke in support of the bill. She indicated that years ago, families purchasing preened plots were required to buy plots for everyone in the family and single plots were not sold. Such plots were perhaps sold for $5 to $10 each, particularly those sold in the early 1900s. In the 1960s, the endowment care statute was passed to require that 15% of the cost of a plot be placed in an endowment care fund for the care and maintenance of the plot. Ms. Eastin indicated that Fort Collins, Golden, and Colorado Springs have enacted legislation similar to that proposed in this bill (the time period is 50 years in Fort Collins and Golden, and 100 years in Colorado Springs). Golden enacted the legislation in 1953 and claimed the first plot in 1983. Since 1983, Golden has reclaimed 1,400 plots. Golden has only had two people initially ask to retain their property but eventually sign the property back over to the cemetery. Ms. Eastin responded to a committee question regarding the care and maintenance of Riverside Cemetery in Denver. Ms. Eastin also responded to committee questions regarding historical costs and current costs of cemetery plots at Fairmont Cemetery. Ms. Eastin clarified, in response to a committee question, that individuals who purchase a plot do not own a piece a property but own a right to be interred and therefore the plot cannot be subject to the unclaimed property laws. Ms. Eastin responded to numerous other committee questions.


02:33 PM

Phil Carpenter, Colorado Association of Cemeteries, spoke in support of the bill. He indicated he can reclaim 1,446 graves under the bill's provisions. He provided similar information for other graves in Fort Collins, Golden, and Colorado Springs. He indicated at his cemetery he puts 30 percent of his sales in his endowment care fund.


02:37 PM

Representative Riesberg provided closing comments on the bill.
BILL:HB06-1268
TIME: 02:39:18 PM
MOVED:Merrifield
MOTION:Refer the bill to the Committee of the Whole. The motion carried on a 7-4 roll call vote.
SECONDED:Cerbo
VOTE
Berens
No
Cerbo
Yes
Curry
Yes
Decker
Yes
Massey
No
May M.
No
Merrifield
Yes
Soper
Yes
Stafford
No
Lindstrom
Yes
Hodge
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS