Forest Hills’ preneed consumers were hoping for news of retribution, but Clayton Smart’s anticipated plea bargain was put on hold. If news reports are accurate, authorities from Tennessee (and perhaps Michigan and Indiana) have their sites on the individual(s) who facilitated the transactions that eventually left preneed trusts and permanent maintenance trusts depleted.
Cemeteries
Regulatory Intervention: the Kansas plan
By Bill Stalter on
Posted in Cemeteries, Legislation
The Topeka Capital-Journal has identified the essence of the Secretary of State’s plan for Kansas cemetery regulation: addressing cemetery problems before the trusts go upside down.
There are two types of cemetery trusts: perpetual care trusts and preneed trusts. Perpetual care trusts (or permanent maintenance trusts) provide the cemetery crucial funding for mowing, and the…
March Madness: Kansas cemetery legislation
By Bill Stalter on
With two of the nation’s top ten college basketball teams, Kansans are exhibiting clear symptoms of March Madness. With Topeka located between Lawrence and Manhattan, bipartisanship may be tested as tensions mount this week with the Big 12 tournament and the NCAA seedings announcement on Sunday. When Kansas legislators resume their meetings the week of…
Missouri Cemetery Preneed Law: zero to eighty while blindfolded
By Bill Stalter on
The fear of SB1 drove the Missouri cemetery industry to push for Chapter 214 legislation in 2009, only to have the wheels come off at the stroke of midnight last May. While legislation was passed, the original bill was gutted, and the resulting changes were incoherent and confusing. It was no surprise that the industry…
Cemetery Legislation in the Heartland
By Bill Stalter on
Regulators in Missouri and Kansas will be pursuing legislation this spring for more authority in providing oversight to cemeteries. With its Burr Oak problems, Illinois can’t be too far behind.
Whether it is the economy or the unscrupulous owner, regulators are finding they lack both the expertise and authority to properly protect the cemetery consumer.…
But for the veterans
By Bill Stalter on
Posted in Cemeteries
Veterans Day invariably results in a few newspaper articles similar to the one written about the Pittston City Cemetery. Out of respect for veterans’ graves, this small Pennsylvania town is seeking volunteers to provide care to its cemetery. Budget cuts and personnel cuts have left Pittston without the resources to provide maintenance to the…
But, I was going to pay it back..
By Bill Stalter on
Posted in Cemeteries
Death care regulators seem to believe that the majority of funeral home and cemetery operators are honest and well intended. But, the regulators must contend with the occasional operator who views trust funds as their own. Before taking offense with the regulator’s skepticism, operators need to reflect on the arrogance of operators such as those reflected in a…
Third time’s the Charm: Preneed Legislation
By Bill Stalter on
The old axiom was that it would take three consecutive legislative sessions to get a preneed bill passed. If Missouri and Illinois are indicators of the current preneed reform movement, the charm may be based not on attempts but actual bills passed by the legislature.
The Illinois Comptroller’s proposal for preneed reform, SB1682, is progressing…
Taking Cemeteries to Task: Quinn’s Report
By Bill Stalter on
Posted in Cemeteries
Governor Quinn’s Cemetery Oversight Task Force worked overtime to get their report done early, and Illinois’ death care industry now faces new questions about reform legislation. It would appear that SB1682 will not be the last shot fired in the battle for death care reform for Illinois.
The full report is available on the Governor’s…
Cemetery Preneed Oversight: the bucket factor
By Bill Stalter on
Posted in Cemeteries, Preneed
Recent cemetery failures are causing regulators from Illinois, Missouri and Kansas to take a closer look at the oversight provided for preneed sales of vaults, markers, urns and burial services.
Cemetery preneed is a different animal for that offered by funeral homes. As Mr. Newcomer suggested to a reporter, the big difference between the…