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INDUSTRY NEWS Indiana Supreme Court Won't Review Grave Opening/Closing Decision; Cemetery Wins Last week, the Indiana Supreme Court announced it would not review an appeals court decision that upheld a state law giving cemeteries and their agents the exclusive right to open and close graves. The high court voted 3-2 against reviewing the lower court decision in SCI Indiana Funeral Services Inc. v. D.O. McComb & Sons Inc. The appeals court had ruled in favor of the cemetery, currently owned by SCI, which had claimed that it was not bound under a contract made by the previous owner to allow a third-party, McComb, to open and close graves in the cemetery, among other things. The appeals court also upheld the constitutionality of the state law as necessary to maintain public health, safety and welfare. The ICFA together with the Indiana Cemetery Association filed an "Amicus Curiae" or "Friend of the Court" brief with the state supreme court urging that it affirm the lower court decision. A copy of the ICFA brief can be viewed at www.icfa.org/pdf/indiana_amici.pdf. The case is of interest to cemeteries in several states outside of Indiana because other jurisdictions have enacted similar laws. The Indiana statute, titled the Exclusive Rights Act and enacted in 1997, states in part: "Because the owner of a cemetery is responsible for the performance of the care and maintenance of the cemetery, the cemetery owner has the exclusive right to: 1) open and close a grave or grave space, burial space, crypt or niche in a cemetery.... This exclusive right may also be exercised by the authorized representative of the cemetery owner." As a result of the supreme court's action, the appeals court decision is a final adjudication and ends this litigation. To the best of our knowledge, this case represents the first time any "grave opening/closing" legislation has been scrutinized by a court of law. New FTC Consumer Data Disposal Rule Now in Effect On June 1, a new FTC regulation requiring businesses to dispose, by shredding or similar means, sensitive consumer credit information went into effect. The "Disposal Rule" is part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA) that protects consumer records and reports against "unauthorized access or use of the information." The Rule applies both to individuals and to companies, large or small, that use consumer reports including lenders, insurers, employers and debt collectors, among others. The types of reports include credit reports, credit scores, reports on employment background, check writing history, insurance claims, residential or tenant history and medical history. The new Rule requires "reasonable" means to dispose of relevant documents including policies "to burn, pulverize, or shred papers ... so the information cannot be read or reconstructed." The requirements extend to destroying or erasing electronic files, and due diligence in hiring "a document destruction contractor to dispose of material specifically identified as consumer report information consistent with the Rule." For more information including a new FTC publication designed to help businesses comply with the Disposal Rule, check the FTC Web page at www.ftc.gov/bcp/conline/pubs/alerts/disposalalrt.htm. ICFA NEWS Complete ICFA Fall Conference Program Now Online The ICFA Fall Management Conference, October 19-22, 2005, at the Kapalua Bay Hotel in Maui, Hawaii, will bring together cemetery, funeral service and cremation executives for exclusive, top-level education and networking. Highlights of the conference educational programming include:
ICFAU Registration Deadline Is June 10 Registrations for ICFA University are outpacing 2004 registrations by more than 20 percent. Students who plan to attend the intensive five-day educational program should send in their registrations and payment by June 10 to ensure a spot in their college of choice. ICFAU, July 15-21 at the University of Memphis in Memphis, Tennessee, offers in-depth training in the areas of cemetery management, funeral home management, cremation services, sales and grounds operations. Class sizes are limited to 35 students in each program. All classes, housing and dining take place on the scenic campus of the University of Memphis, providing for excellent networking. For complete program information and to register, visit www.icfa.org/icfau05.htm or call 1.800.645.7700. Call for Presentations: ICFA 2006 Annual Convention The ICFA will host its 2006 Convention & Exposition, March 15-18 at the Ernest N. Morial Convention Center and the Hilton Riverside in New Orleans, Louisiana. Individuals who are interested in presenting workshops are invited to contact the ICFA with their proposed session title and description by June 20. Please submit proposals to Linda Budzinski via email at lacorn@icfa.org or via fax at 703.391.8416. Questions? Call Linda at 1.800.645.7700. ICFA Sale Item: 2004-2005 Membership Directory & Buyer's Guide The ICFA Membership Directory & Buyer's Guide offers a complete listing of member cemeteries, funeral homes and related businesses, as well as an extensive guide to supplier products and services. This valuable reference tools includes a comprehensive index of individuals working in the cemetery and funeral service profession; contact information for 100+ state, regional, national and international associations; a roster of state regulatory boards; mortuary schools and more. Regularly priced at $25 for members, the 2004-2005 Directory can be purchased from June 7 - June 20 for just $11, plus $4 shipping. To order, call 1.800.645.7700, ext. 216. Please note: In the next several weeks, the ICFA will send out update forms for the ICFA 2005-2006 Buyer's Guide & Membership Directory, to be released in October. Please watch your mail and return your form to ensure your correct listing in the directory. Members receive one copy of the directory at no charge; additional copies are available for purchase. And more ... The ICFA's Wide World of Sales presents "Reality-Based Selling," the largest and most idea-packed cemetery and funeral service sales and marketing conference in the profession. Survivor star Rupert Boneham, author Barry Maher and more than a dozen preneed experts will share secrets to success, including tools and techniques you and your team can put to use immediately. Mark your calendar for January 12-13, 2006, at Treasure Island in Las Vegas. The ICFA has secured music performance rights from the three music licensing agencies: ASCAP, BMI and SESAC. ICFA Music License members can now become fully licensed for the annual price of $238 per location, with no additional fees. Membership is open to any company in the cemetery and funeral service profession in the United States. Companies that are already members of the ICFA in another category must acquire the additional membership category (a Music License Membership) to be eligible for the Music License benefit. The ICFA Store allows members to purchase the latest ICFA resources and training products online. Some products are available for immediate direct download, including the newly released Wirthlin Report on consumer attitudes and article packages on cremation, cemetery and funeral home valuations and trust funds. The ICFA News Page takes you to sources throughout the world for industry news and updates. It brings you the most comprehensive selection of funeral service and cemetery news available anywhere, along with frequently updated general news items related to national and world events. The News Page reports the news before anyone else and is one of the most visited page on the ICFA Web site. Stop in each day and you'll see why. The Network is an online e-mail service that offers ICFA members an easy, free way to share questions and answers to everyday on-the-job challenges. Recent discussions have examined issues such as working with the Muslim community, distance between burial sites, direct mail marketing, the growing popularity of geocaching at cemeteries, recruiting staff and more. Ideal for smaller companies with smaller budgets. Join today! The ICFA Internet Expo is the largest online exposition in the cemetery and funeral service industry. Cemetery and funeral home owners and operators will find 300+ providers in more than 100 product and service categories. Exhibit space is provided as a free, exclusive benefit to all ICFA supplier and professional members. Check it out today! Need a labor relations and employment law attorney? Check out ICFA's HR Law Benefit program offering members no-cost telephone legal consultations, paid for by the ICFA via an exclusive retainer agreement. ICFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, D.C., for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600. The ICFA and Applied Merchant Systems of Chicago, Illinois, currently offer members a Credit Card Processing Program with a special low discount rate of 1.75 percent, with no per transaction processing fee. This new benefit makes it less expensive for cemeteries, funeral homes, memorial designers and related businesses to accommodate customers who wish to pay via credit card. For more information, call 1-800-675-6573. The ICFA Insurance Program, administered by Driver Alliant, allows members to purchase commercial property and casualty insurance -- including general liability, commercial property, automobile liability and physical damage, umbrella liability, professional liability, workers compensation, employee benefits and more -- at rates they probably would not be able to afford on their own. To advertise in the ICFA Wireless: The ICFA accepts limited advertising in the ICFA Wireless newsletter, a bi-weekly newsletter e-mailed to all ICFA members that are current on their dues and have provided a current e-mail address. For rates and to place your insertion, contact Quan Phan at qphan@icfa.org or 1.800.645.7700. To unsubscribe from the ICFA Wireless: Send an e-mail with "unsubscribe" in the subject line to: wireless@icfa.org. Please include your name and company name in the body of the e-mail. International Cemetery and Funeral Association 1895 Preston White Drive, Suite 220 Reston, VA 20191 1.800.645.7700 703.391.8400 Fax: 703.391.8416 www.icfa.org Copyright 2005 International Cemetery and Funeral Association. |
