HLS 14RS-981 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 771
BY REPRESENTATIVE RITCHIE
CEMETERIES: Provides with respect to cemeteries
AN ACT1
To amend and reenact R.S. 8:203, 456(B), and 505(B), relative to cemetery authorities; to2
provide for the requirement of such authorities; to provide for a final accounting of3
cemetery trusts; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 8:203, 456(B), and 505(B) are hereby amended and reenacted to read6
as follows: 7
§203. Prior operations not affected8
The requirement in R.S. 8:202 R.S. 8:201 shall not apply to any cemetery9
authority that is in existence and operating on July 31, 1974, and any such cemetery10
authority may continue to operate despite the fact that it may be owned and operated11
at said the time by a corporation, partnership, firm, trust, association, or individual.12
* * *13
§456. Annual account by trustee; final accounting by trustee required14
* * *15
B. Within sixty days of the resignation of a trustee and transfer of the trust16
fund to the successor trustee, the resigning trustee shall file with the board, with a17
copy to the clerk of the district court for the parish in which the cemetery is located,18
a final accounting showing in detail all receipts and disbursements of cash and all19
receipts and deliveries of other trust property, and set forth a detailed list of all items20
of trust property in the trust from the last reporting period through the date of21
resignation and transfer of the trust fund to the successor trustee.22
* * *23 HLS 14RS-981 ORIGINAL
HB NO. 771
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§505. Annual reports by trustee, final accounting by trustee required1
* * *2
B. Within sixty days of the resignation of a trustee and transfer of the trust3
fund to the successor trustee, the resigning trustee shall file with the board a financial4
report of the merchandise trust fund, setting forth the principal thereof, the5
investments and payments made therefrom, and the income earned and disbursed6
from the last reporting period through the date of resignation and transfer of the trust7
fund to the successor trustee.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ritchie HB No. 771
Abstract: Requires resigning trustees to file financial reports within certain time periods.
Present law requires any corporation, partnership, firm, trust, association, or individual
engaging or transacting business of a cemetery to do so by means of a corporation authorized
to operate a cemetery.
Present law provides that the present law requirement to incorporate does not apply to any
cemetery authority in existence and operating on July 31, 1974.
Proposed law makes a technical change to the citation and otherwise retains present law.
Present law requires all cemeteries to file with the trustee an annual report. Further requires
that not later than 60 days after receiving the report, the trustee shall file with the La.
Cemetery Board (board) an annual account showing all receipts and disbursements of cash
and all receipts and deliveries of other trust property for the year and set forth a detailed list
of all items of trust property in the trust at the end of the year.
Proposed law retains present law.
Present law provides that, with regards to a cemetery care fund, within 60 days of the
resignation of a trustee, the resigning trustee shall file with the board a final accounting
showing all receipts and disbursements of cash and all receipts and deliveries of other trust
property, and set forth a detailed list of all items of trust property in the trust from the last
reporting period through the date of resignation and transfer of the trust fund to the successor
trustee.
Proposed law retains present law but adds that the resigning trustee has 60 days from the
date of resignation as well as the transfer of the trust to the successor trustee.
Present law provides that, with regards to a merchandise trust fund, within 60 days of a
trustee's resignation, the trustee shall file with the board a financial report of the fund
including income earned and disbursed from the last reporting period through the date of
resignation and transfer of the trust fund to the successor trustee. HLS 14RS-981 ORIGINAL
HB NO. 771
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and adds that the resigning trustee has 60 days from the
date of resignation as well as the transfer of the trust to the successor trustee.
(Amends R.S. 8:203, 456(B), and 505(B))