NOTE: The governor signed this measure on 5/29/2012.
      
      
      HOUSE BILL 12-1068
      
      
      BY REPRESENTATIVE(S) McKinley, Bradford, Coram, Duran, Fields,
      Hullinghorst, Jones, Kagan, Labuda, Pace, Schafer S., Singer, Solano,
      Soper, Todd, Vigil, Wilson, Ryden;
      also SENATOR(S) Grantham, Aguilar, Boyd, Foster, Giron, Guzman,
      Heath, Jahn, Neville.
      
      
      Concerning the administration of a nonprofit cemetery
           corporation by persons who own the right to bury a
           deceased person within the cemetery.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 7-47-101, add (1.5) as
      follows:
      
           7-47-101.  Who may organize - powers. (1.5) (a)  A board of
      directors for a nonprofit cemetery corporation shall include at
      least one director who owns a lot, grave space, niche, or crypt. If
      such an owner cannot be found to serve as a director, the board
      of directors shall maintain a vacancy until the director position
      can be filled with such an owner. A nonprofit cemetery
      corporation may wait until the first vacancy on the board of
      directors occurs after January 1, 2013, before appointing a
      director who owns a lot, grave space, niche, or crypt.
      
           (b)  This subsection (1.5) applies only to cemeteries as defined
      in section 12-12-101 (1.5), C.R.S.
      
           SECTION 2.  In Colorado Revised Statutes, add 7-47-104.5 as
      follows:
      
           7-47-104.5.  Reports. (1)  Each nonprofit cemetery
      corporation shall keep in its principal office and, upon reasonable
      request, shall make available for inspection and study to the
      owner of any grave space, niche, or crypt, or to a duly authorized
      representative of the owner the following:
      
           (a)  An annual written report setting forth the number of
      interments and entombments maintained by the nonprofit
      cemetery corporation, the number of interments and entombments
      for the preceding year, and any other facts necessary to show the
      actual financial condition of the nonprofit cemetery corporation;
      
           (b)  A complete and current copy of any bylaws or articles
      of incorporation adopted by the board of directors;
      
           (c)  A copy of the minutes of each meeting of the board of
      directors for the last three years;
      
           (d)  A copy of each periodic report filed during the last
      three years with the Colorado secretary of state in accordance
      with section 7-90-501;
      
           (e)  A copy of internal revenue service form 990 reports, or
      any successor form or report, for the last three years; and
      
           (f)  A copy of the corporation's current balance sheet,
      income statement, and cash-flow statement.
      
           (2)  To comply with this section, the report must be attested
      to by the accountant, auditor, or other person preparing the
      report and verified by a vote of the board of directors.
      
           (3)  Upon written request for a specific list of documents,
      the nonprofit cemetery shall provide to any owner of a lot, grave
      space, niche, or crypt electronic or physical copies of any reports
      required by this section. The nonprofit cemetery shall fulfill the
      request within seven days after receipt of the request and
      payment of a copying charge, if paper copies are required or
      requested, not to exceed twenty-five cents per physical copied
      page. The nonprofit cemetery shall not charge for electronic
      copies.
      
           SECTION 3.  In Colorado Revised Statutes, amend 7-47-105 as
      follows:
      
           7-47-105.  Rights of lot owners. (1)  If the grounds purchased or
      otherwise acquired for cemetery purposes have been previously used as a
      burial ground, those who are lot owners at the time of the purchase shall
      continue to own the same lots and shall be are members of the
      corporation.
      
           (2)  An owner of a lot, grave space, niche, or crypt may
      attend any meeting of the board of directors. The board of
      directors shall provide reasonable notice of any board meeting
      to owners of a lot, grave space, niche, or crypt, who may not
      participate in meetings of the board of directors without
      permission of the chairperson.
      
           SECTION 4.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2012
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO