54-3801. BOARD OF CEMETERIANS. There is hereby established in the department of self-governing agencies a state board of cemeterians to be composed of three (3) members appointed by the governor in the manner hereinafter set forth. Each member of the board shall be a cemeterian and resident of the state of Idaho for a period of at least five (5) years next preceding his appointment, during which time he shall have been continuously engaged in the cemetery business. No person shall be eligible for appointment to the board of cemeterians who is financially interested, directly, or indirectly, in any embalming college, wholesale funeral supply business, or casket manufacturing business.

The governor shall appoint the members of the board from a list of qualified cemeterians of triple the number of persons to be appointed, who shall be proposed and submitted to him by the Idaho cemetery association, inc., or other statewide organization or association of cemeterians whose membership is composed of a majority of all cemeterians of the state.

All members of the board of cemeterians shall be appointed to serve for a term of three (3) years, to expire on May 1 of the year of termination of their term, and until their successors have been appointed and qualified; provided, however, the governor is hereby granted the power to alter the term of office of the members of the board first appointed hereunder so that the term of office of not more than one (1) member of the board shall terminate in any one (1) year. In case of a vacancy occurring on said board of cemeterians by reason of the death of any member, or his resignation, incapacity, neglect or refusal to act, or in any other way, the governor shall appoint a qualified member for the remainder of the unexpired term of the vacant office from a list of duly qualified cemeterians prepared and submitted in the manner prescribed herein for the initial appointment of members to the board. Any member of the board of cemeterians who willfully fails to properly discharge his duties may be removed by the governor.

The board shall meet, not less than annually, to elect a chairman, vice chairman, and secretary and take official board action on pending matters by majority vote of all the members of the board of cemeterians, and in doing so a majority of the members of said board shall at all times constitute a quorum. Notice of any meeting shall be given by the chairman to all members of the board at least ten (10) days in advance of each meeting unless such notice is waived in writing by all of the members of the board.

Each member of the board of cemeterians shall be compensated as provided by section 59-509(g), Idaho Code.

History:

[(54-3801) 54-3901, 1989, ch. 138, sec. 3, p. 317; am. and redesig. 2005, ch. 25, sec. 100, p. 124.]