A bill making nonprofit cemetery boards more transparent and accountable to plot owners and their families is headed to Gov. John Hickenlooper’s desk after passing the Colorado House Tuesday.
The requires the boards — there are about 100 in Colorado — to include as a director at least one person who owns some type of grave space. Additionally, plot-owners or designees can attend board meetings, review board minutes and bylaws and inspect cemetery financial information. If denied access, the owners can obtain a court order, and the board may have to pay attorney fees.
“This has brought awareness to a serious situation and makes (boards) accountable,” said state Rep. Wes McKinley, D-Cokedale. “I hope the governor will sign it.”
Hickenlooper has a month to sign the bill. His spokesman Eric Brown said the governor has not yet reviewed the measure.
The Denver Post that the Trinidad Catholic Cemetery dumped headstones and miniature American flags behind its facility, and its board has violated its own by-laws, filed inaccurate reports with the IRS and had members who appeared to have conflicts of interest. Additionally, citizens in Pueblo raised questions over an $800,000 loss in Roselawn Cemetery’s perpetual care fund. The cemetery said the money was lost in the stock market.
Two weeks ago, Colorado Attorney General John Suthers with the Trinidad cemetery association, which included an immediate replacement of several directors. Additionally, the board must solicit bids for projects over $1,000, record conflicts of interests and allot at least 30 minutes of each meeting to public comment. The board also must submit to independent audits — reviewed by the attorney general’s office — for three years.
Suthers’ office is still reviewing complaints involving Roselawn.
If the bill is signed into law, non-profit cemetery associations have until the first vacancy occurs after Jan. 1, 2013 to appoint a plot owner to the board. The other requirements, including financial inspections, are effective 90 days after the legislature adjourns.
Karen E. Crummy: 303-954-1594 or kcrummy@denverpost.com
