§ 20-17-1025. Protection of cemeteries — Power to lend
(a) On August 1, 2001, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall segregate one hundred eighty thousand dollars ($180,000) within its general operating fund to be known as the Insolvent Cemetery Loan Fund administered by the Insurance Commissioner and only used to lend a court-appointed receiver or conservator the funds […]
§ 20-17-1009. Permit — Investigation by Department of Health
(a) Upon submission of an application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for the issuance of a permit for a new cemetery or for an extension of the boundaries of an existing cemetery, the applicant shall request that the Department of Health investigate the proposed cemetery location or extension […]
§ 20-17-1026. Annual permit fee
(a) By March 1 of each year, each permit holder shall pay to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a permit renewal fee in the amount of one hundred dollars ($100). (b) All annual permit fees shall be classified as general funds of the board and shall be used to […]
§ 20-17-1010. Permit — Investigation and issuance by State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services
(a) If the cemetery company has fully complied with this subchapter and if the Department of Health approves the location of the new cemetery or the extension of the boundaries of an existing cemetery, then the application shall be submitted to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for investigation and […]
§ 20-17-1011. Permit — Amendment
(a) Whenever it is proposed that any cemetery subject to this subchapter amend its present permit, whether for construction of a mausoleum, reduction of boundaries, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment […]
§ 20-17-1012. Permit — Transfer of ownership — Definition
(a) As used in this section, “controlling interest” means the direct or indirect power to direct the management and policies of a perpetual care cemetery or cemetery company by contract or otherwise, other than as an officer or employee of the perpetual care cemetery or cemetery company. (b) (1) (A) If a change is proposed […]
§ 20-17-1013. Permanent maintenance fund generally
(a) (1) (A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, and burial rights. (B) The principal of the permanent maintenance fund shall be preserved. (2) (A) The net income generated from the investment of the principal of […]
§ 20-17-1014. Permanent maintenance fund trustees
(a) The net income from the permanent maintenance fund shall only be used for general maintenance, administration, and preservation of the perpetual care cemetery. (b) A cemetery company shall establish a permanent maintenance fund with or transfer the permanent maintenance fund to: (1) A state or national bank or federal savings bank with trust powers; […]
§ 20-17-1015. Permanent maintenance fund — Annual report
(a) (1) Within seventy-five (75) days after the end of each calendar year, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall require the trustee of the permanent maintenance fund to file under oath a detailed annual report of the condition of the fund. (2) The annual report shall include: (A) A […]
§ 20-17-1016. Permanent maintenance fund — Required deposits
(a) Unless a greater amount is established by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a cemetery company shall deposit into its permanent maintenance fund a sum not less than: (1) Twenty percent (20%) of the gross proceeds from the sale of a lot or grave space in its […]