On July 27, Rep. Bobby Rush (D-IL) held a field hearing in Chicago of the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection. Rep. Rush chairs the subcommittee and the hearing was called to receive testimony from families whose loved ones' graves may have been illegally disinterred at Burr Oak Cemetery, in Alsip, Illinois. Four cemetery employees were charged and the Cook County Sheriff has estimated that as many as 300 graves, and perhaps more, in the cemetery may have been affected. The accused are alleged to have disinterred the graves, placed the remains in a mass grave, and then resold the grave spaces. The cemetery is owned by a company called Perpetua, Inc. The investigation has attracted national attention and calls for the federal regulation of cemeteries (check the Industry News Page on the ICCFA Web site for related news stories).

Among others, representatives from the Federal Trade Commission and the Illinois Cemetery and Funeral Home Association testified at the subcommittee hearing. In questioning whether new laws are needed, the FTC pledged to work with the Energy and Commerce Committee and pointed out that the Commission already has jurisdiction over cemeteries under Section 5 of the FTC Act. The Commission's testimony echoed many of the points that ICCFA has made over the years and can be viewed at http://ftc.gov/os/testimony/090727funeraltestimony.pdf. The cemetery has been placed under a receivership through a volunteer from the Catholic Archdiocese Cemeteries of Chicago, and has been rededicated in a special ceremony by a variety of clergy representing different faiths. The cemetery was expected to reopen by August 1.

Over the past two weeks, the ICCFA has had discussions with House Energy and Commerce staff, FTC staff, the Cook County Sheriff's Office, many media outlets, and the Illinois Cemetery and Funeral Home Association. The ICCFA will be filing post-hearing comments with the Subcommittee and will be involved in follow-up activities. Although the investigation at Burr Oak is ongoing, the following points can be made:

1.) The alleged misconduct at Burr Oak is a highly isolated and shocking event. Some reports claiming that these illegal disinterments "are not isolated events" are at best confusing acts where third parties broke into a cemetery to vandalize graves.

2.) Cemeteries' main function is to maintain graves, not to plunder them. There are means to legally disinter remains, including where a cemetery has mistakenly placed the remains in the wrong grave. However, the misconduct alleged at Burr Oak conforms to none of these legal and authorized means of disinterment.

3.) The alleged acts violate a number of existing laws, including the desecration of a grave, mishandling of human remains, fraud (reselling graves already sold), and the potential infliction of emotional distress on the families affected.

4.) Graves are legally protected and violators should be prosecuted to the full extent of the law. The ICCFA model guidelines for state laws and regulations contain recommended practices for cemetery management including authorized disinterment. The guidelines may be viewed under the "Government/Legal" section of the ICCFA Web site.

At the conclusion of the Chicago hearing, Rep. Rush said he wanted to propose meaningful federal legislation to better protect consumers and to protect gravesites. The ICCFA Government and Legal Affairs Committee is developing proposals for the Energy and Commerce Committee to consider.

UPDATE: 'Known Shipper' Requirements Effective August 1—No Further Extensions Granted by TSA

The Transportation Safety Administration (TSA), an agency of the Department of Homeland Security, requires that any entity (i.e., a funeral home) that ships human remains by air within the United States and its territories will NOT be allowed to ship after August 1, 2009, unless it has registered as a "Known Shipper." The original deadline was July 1. Registration should be made directly with each airline and shippers must register with each and every airline that may be used in the future. There is no requirement to use the airline and each airline has its own format and fees. Most importantly, there is a reported backlog to process Known Shipper applications, so affected members who have not at least applied as a Known Shipper should start the process immediately. These regulations are mandatory and enforced by the TSA.

Last week, the TSA circulated additional information regarding the Known Shipper program and the upcoming screening requirements that will become effective in August 2010. The information can be viewed by clicking here. Also, questions about the Known Shipper program can be directed to ICCFA general counsel Bob Fells at rfells@iccfa.com.

Federal Red Flag 'Identity Theft' Rule Enforcement Delayed until November 1

The Federal Trade Commission announced last week that it was postponing the enforcement of the new federal Red Flag Rule that requires businesses to implement a written program for the prevention and detection of identity theft to November 1. The original effective date had been August 1. The ICCFA continues to offer our members a sample Red Flag compliance program at no charge. Contact General Counsel Bob Fells at rfells@iccfa.com to obtain a copy.

During the next three months, the FTC states that it will educate businesses about whether they are covered by the rule and what they need to do to comply. (See http://ftc.gov/opa/2009/07/redflag.shtm). Generally, if a business only accepts credit cards as a payment for goods and services, they are not covered. However, if a business accepts multiple installment payments or helps customers fill out a credit application they may come under the regulations. All members are urged to check the FTC Web site for frequently asked questions that address issues in regard to the rule's coverage. (See http://ftc.gov/bcp/edu/microsites/redflagsrule/faqs.shtm#B).

Businesses can learn more about the rule and how to comply with it by reading Fighting Fraud with the Red Flags Rule: A How-To Guide for Business, at http://www.ftc.gov/redflagsrule. A sample compliance template for businesses that are at low risk for identity theft has been developed by the FTC and is available at http://www.ftc.gov/bcp/edu/microsites/redflagsrule/RedFlags_forLowRiskBusinesses.pdf.

New 'Unforgettable' Custom Photo Tribute Magnets From Pocket Reference Journals
Pocket Reference Journals introduces personalized custom photo tribute magnets to sell to customers who are looking for that ‘something extra’ for when “after the funerals over”. They will be considered a gracious keepsake of their loved one to mail out to family, and friends. Custom phrases atop the photo in addition to the face, name and years lived from and to, are what make up the magnet. In addition a Star of David, or Cross can also be added. It’s a welcome gift/keepsake that will be added to the condolence appreciation thank-you cards most families send.

Pocket Reference Journals has also been publishing the My Life Journal, a pocket journal that’s been a very effective pre-arrangements planning gift (that can also be imprinted with your funeral homes name) and was written by an Estate planner, a CPA, and CFP. Call with any questions regarding samples, or pricing, to Bonnie Schachter at 714. 914. 2565 or check out our website at www.pocketreferencejournals.com.
Quantity wholesale pricing is available.

Horse-Drawn Hearse For Sale
We are offering our original horse-drawn hearse that was used in the owner's funeral home in Blytheville, Arkansas by the present owner's grandfather. It dates to the late 1800's and is in excellent condition. The only work needed for it to be workable is some stabilizing done to the wheels. Last used in downtown display event in 2000. Features include: side scalloped windows with firm name in removable panels, back opens with two glass doors, roller table inside, small vases for flowers in windows and horsehair seat. Inside dimension are 90" long and 38" wide. Asking $12,000. Hearse also features the wicker basket originally used to remove the deceased. It may be purchased separately for $2,500. For more information contact Bill Stovall at (843) 708-3826 or bill.stovall@comcast.net. To view pictures go to http://www.home.bellsouth.net/personalpages/PWP-dovertm.

Investment Opportunity
Gateway to Heaven!
Funeral Home, mausoleums, crematorium and serenity garden.
An $8 to 10 million investor needed to join our team for the above "Celebration of Life" project to include 40,640 burial sites of a seven phase development in Southlake, Texas. E-mail: gbeaglesr@yahoo.com.
Please call: 817.366.4276 or 888.481.7988.

Memorial Garden Cemeteries for Sale
My name is Milton Marshall, and I am the sole owner of two Memorial Garden cemeteries for over 36 years. I am 75 years old and I am ready to retire! The properties are conveniently located only 35 minutes apart, one in Hopkinsville, Kentucky and the other in Clarksville, Tennessee. I am presenting these cemeteries for sale to professional individuals or companies that will continue to serve these communities while achieving their own business goals.

Thank you for visiting this site: www.cemeteryforsale.com

You are welcome to contact me by e-mail or phone:
Milton Marshall
milton@cemeteryforsale.com
270-887-3549

Sales Director/Managers
Our top Sales Director/Managers easily earn six figures annually. We are looking for a highly motivated individual who can lead and manage a team of trained professionals.

We currently have Sales Director positions available in the Midwest Region If you are seeking a career with a future, we offer the following:

• Outstanding Compensation Package including a base salary
• 401K/Profit Sharing
• Complete Health Package including Medical, Dental & Vision care
• Limited travel

Interested persons should e-mail dfarrow@stei.com or call Doug Farrow at 816 353 5091.

Responsibilities include the following:

• Implement and supervise the sales program in such a manner as to achieve and exceed sales plans with established budgets.
• Recruit, hire and field train new sales counselors.
• Supervise activities of established and new sales counselors and managers to secure sales goals, maximize individual performance and maintain established minimum achievement levels.
• Conduct sales meetings daily with full staff with the objectives of educating, informing and inspiring through participative involvement.
• Control distribution and follow-up of company generated sales opportunities (leads) (call-ins, walk-ins, reply cards from mailings, reload card assignments, etc.) and prepare reports showing results achieved on any and all such leads on a weekly/monthly basis.
• Audit sales proficiency and quality by periodic review of each counselor and manages complete sales presentation. Such review should also assure that the company "story" is being told in an honest and accurate manner consistent with the company's service philosophy.
• Assist sales personnel to learn and maintain an acceptable level of In-field activity by periodic review of such activity.
• Maintain a level of personal sales activity necessary to achieve established personal production goals.
• Perform related duties as required.

Job Requirements

• Minimum High School Diploma or equivalent—Some College Preferred!
• Valid Driver's License
• 2 year previous Cemetery Sales Management experience a must
• Above average communication skills
• High level of compassion and integrity
• Problem solving skills
• Ability to multi-task and set priorities
• Must be able to manage his/her own time and organize each day's activities without constant supervision

Advanced Planning Funeral Director
Earn up to a $25,000+ sign on bonus if you are a top notch Advanced Planning Funeral Director! We will be hiring someone with a proven track record in advanced planning funeral sales. Are you that person? Woodlawn Memorial Gardens located in beautiful Norfolk, VA is a Funeral Home/Cemetery Combo facility. We are expanding our business and looking for a top notch Advance Planning Funeral Director who will be responsible for our advanced planning funeral services. Must have Life & Annuities Insurance Licensure (or the ability to obtain with in a short period of time) and currently be licensed as a Virginia Funeral Director (or the ability to be licensed as one). Must be proficient w/computer and be willing to learn new software. Must be comfortable speaking in front of groups. This is a full-time position that offers competitive pay, excellent benefits including 401k, profit sharing and vacation. For consideration, please e-mail your resume with salary history to debbiebatliner@woodlawngroup.com. (Confidential Inquiries). EOE.

Cemetery Sales—Advanced Planning Professional
Earn up to a $25,000 sign on bonus if you are a top notch salesperson with proven pre-need cemetery sales experience.
Have you always wanted to live and work close to the beach? Well, it's time to make that dream a reality. Woodlawn Memorial Gardens has 75 acres of beautifully landscaped and maintained property and is located in Norfolk, Virginia, just minutes from the Virginia Beach Oceanfront. Woodlawn is a combo facility and is in the process of expanding our Advanced Planning sales team by adding more top notch talent. Sales experience must be proven and demonstrated. This is a full-time commissioned opportunity with benefits and high earnings potential. Must have a valid driver's license, be able to obtain a Virginia cemetery sales license, have excellent computer skills, closing skills and the desire to write your own paycheck. For further consideration, please email your resume, with salary history included to debbiebatliner@woodlawngroup.com. (Confidential Inquiries). EOE.

Place your classified advertisement with ICCFA today!

• ICCFA Wireless classified ads cost $80 and must be prepaid.
• Ads run in two consecutive issues, and include free placement on the ICCFA Web site for four weeks.
• Ads include a link to the company Web site and/or e-mail at no charge.
• Ads with a box number for confidential reply are available for an additional $15.
• Ads must be no longer than 250 words.
• ICCFA reserves the right to limit the number of ads per issue on a first-come, first-served basis.
• All advertising is subject to the publisher's approval; advertisers assume liability for all content of advertisements printed and for any claims arising therefrom against the publisher.

  For more information or to place an ad, contact Rick Platter at rickp@iccfa.com or call 800.645.7700. See more classified ads at www.iccfa.com/classifieds.

ICCFA Supply Link Allows Easy Buyer's Guide Searching
The ICCFA Supply Link, an online buyer's guide members can use to easily search for products and services from the convenience of their computers, can be accessed directly from the ICCFA home page. The Supply Link offers a "Search" function whereby members can search according to product type or company name and can be limited to a state or to a certain radius distance from a specified city or ZIP code. Users also can narrow their search to include only ICCFA-member companies. Suppliers that are ICCFA members and exhibitors are identified as such in their listings.

ICCFA News Page
The ICCFA 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 ICCFA Web site. Stop in each day and you'll see why.

Music Licensing
The 2009 Music Licenses are available for just $248 per property, no additional fees. Covers ASCAP, BMI and SESAC. Any U.S. funeral home, cemetery or related business is eligible for membership as a Music License Member. Licensing directly with the agencies this year would cost nearly $600 per location, so this price—which requires no additional membership fee—is still the lowest available to the industry.

Tax-Related Questions
ICCFA members now also have access to an attorney for tax-related questions regarding trust earnings, care fund allocations, capital gains, investments and more. The ICCFA has retained Leslie Schneider, CPA, a tax attorney with Ivins, Phillips & Barker in Washington, DC, for telephone consultations for up to 20 minutes with no obligation. To take advantage of this member benefit, call Schneider at 202.393.7600.

ICCFA Insurance Program

Administered by Alliant Insurance Services, this program 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. For details, call 800.390.9099.

HR Law Benefit
Through an unprecedented new benefit program, ICCFA members can now access free legal consultations regarding labor relations, human resource management and employment law. Attorney Michael Pepperman of the Labor Relations and Employment Law department at Obermayer Rebmann Maxwell & Hippel LLP (ORM&H), is available to address questions on topics ranging from hiring and firing, to employee privacy and workplace violence, to wages and hours, to equal employment opportunity and wrongful discharge issues. Michael Pepperman, Esq., has spoken on labor and employment issues at several ICCFA conferences and regional industry meetings. To take advantage of this benefit, please call 215.665.3032.

ICCFA Introduces New Sales Training Programs
ICCFA introduces new sales training programs by sales trainer and professional speaker Gary O'Sullivan, CCE. O'Sullivan's two latest products include a 10 DVD Series—The Power to Sell Preneed, and a training support system called the GoSell System. Both products provide sales managers with tools and training strategies that will help them to strengthen and motivate their teams. For more details or to place an order, call the ICCFA at 800.645.7700.

ICCFA Internet Expo
The ICCFA 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 ICCFA supplier and professional members. Check it out today!

Fraud Prevention & Detection Consultation Service
ICCFA has retained the services of veteran fraud investigator Robert A. Garvey Jr., CPA, CFE, CrFA, CVA, to serve as a consultative resource for members' employee theft and fraud concerns. The new member benefit, the "Fraud Investigation and Deterrence Consultation Service" or FIDCS, will allow members to discuss by telephone any issues or concerns related to suspected fraudulent activity or a desire to put systems and controls in place at their locations to deter such activity. There is no cost to ICCFA members in good standing to utilize this benefit. The number to call is 866.649.1902.

Legal Advice on Cremation Concerns
Courtesy of the ICCFA Government and Legal Fund, ICCFA members now have access to pre-paid legal advice on cremation-related issues. Through this exclusive member benefit, the association has retained Poul H. Lemasters, Esq., of Rosenacker & Associates, Ltd., Cincinnati, Ohio. Poul is an attorney and licensed funeral director, and members in good standing may call him at 800.221.2889 to discuss cremation concerns for up to 20 minutes at no charge.

FTC 'Red Flag' Compliance Program
ICCFA now offers members a sample compliance program concerning new Federal Trade Commission rules to fight identity theft. To have the program template sent to you, please contact us at 800.645.7700 or rfells@iccfa.com.

GPL Compliance Check
Members whose businesses must follow the FTC Funeral Rule's General Price List (GPL) requirements can have their lists reviewed for compliance by attorney Poul H. Lemasters, Esq., without charge. Contact Lemasters at 800.221.2889.

International Cemetery, Cremation and Funeral Association
107 Carpenter Drive, Suite 100
Sterling, VA 20164
1.800.645.7700
703.391.8400
Fax: 703.391.8416
www.iccfa.com

Copyright 2009, International Cemetery, Cremation and Funeral Association