It is declared to be necessary in the public interest that cemeteries advertising or selling “endowed care or perpetual care” in connection with the sale of cemetery lots or burial spaces be subject to sufficient regulation by the state to ensure the establishment of sound business practices necessary to furnish the endowed care or perpetual […]
A. After the initial registration a cemetery authority shall register with the director by filing an annual registration statement, upon forms furnished by the director, which shall show as of the end of the preceding calendar year: (1) the amount of the principal of the care funds held by the trustee of the care funds […]
If a cemetery authority is duly organized and desires to accept care funds authorized by the Endowed Care Cemetery Act, it shall make an initial deposit to the care fund of twenty-five thousand dollars ($25,000). In lieu of the initial deposit, the cemetery authority may furnish a surety bond issued by a bonding company or […]
A cemetery authority authorized to accept care funds shall post in a conspicuous place at or near each entrance of the cemetery a clearly legible sign containing letters not less than six inches in height stating “Endowed Care Cemetery”. Those cemeteries that furnish endowed care to some portions and no endowed care to other portions […]
A. The duty of administering and enforcing the provisions of the Endowed Care Cemetery Act is imposed on the director, who shall approve all forms of contract for endowed care and shall have authority to subpoena witnesses, conduct hearings and investigations and issue orders reasonably necessary to regulate endowed care cemeteries in the public interest. […]
If a cemetery authority refuses or neglects to make a required report or to file an annual registration statement or willfully disobeys a valid order of the director or violates any provisions of the Endowed Care Cemetery Act or rule of the director, or if it appears to the director from any report or examination […]
Where any cemetery authority owning, operating, controlling or managing a cemetery or any trustee for the cemetery authority has accepted care funds pursuant to the Endowed Care Cemetery Act and dissolution is sought by the cemetery authority in any manner, by resolution of the cemetery authority or the trustees of the cemetery authority, notice shall […]
Whoever violates any provision of the Endowed Care Cemetery Act, fails to establish an irrevocable trust fund, encroaches upon the principal of an irrevocable trust, refuses to cooperate in an examination or investigation or violates the provisions of a trust instrument by willfully failing to deposit to a cemetery’s trust fund the amounts provided within […]
The provisions of the Endowed Care Cemetery Act do not apply to municipal cemeteries, fraternal cemeteries, religious cemeteries or family burial grounds that provide burial only for members. History: 1953 Comp., § 67-29-17, enacted by Laws 1961, ch. 156, § 17; 2001, ch. 149, § 17. ANNOTATIONS The 2001 amendment, effective July 1, 2001, substituted […]
A. A person establishing or acquiring a cemetery subject to the Endowed Care Cemetery Act shall file an initial registration with the director that contains the following information: (1) a detailed financial statement of the proposed owners; (2) a current credit report of the person establishing or acquiring the cemetery and a resume for each […]
A. An endowed care cemetery’s registration is not transferable. When any cemetery authority subject to the provisions of the Endowed Care Cemetery Act is transferred, the person acquiring the cemetery shall register with the director as required by Section 58-17-18 NMSA 1978. B. A transfer of ownership cannot take place and no endowed care can […]
Chapter 58, Article 17 NMSA 1978 may be cited as the “Endowed Care Cemetery Act”. History: 1953 Comp., § 67-29-2, enacted by Laws 1961, ch. 156, § 2; 2001, ch. 149, § 2. ANNOTATIONS The 2001 amendment, effective July 1, 2001, substituted “Chapter 58, Article 17 NMSA 1978” for “This act” and deleted “of 1961” […]
A. The director may deny, suspend or revoke any registration if the registrant, or any director, officer, employee or affiliate of the registrant: (1) lacks a good business reputation; (2) has violated any provision of the Endowed Care Cemetery Act; (3) has committed fraud in connection with any transaction subject to the Endowed Care Cemetery […]
A person aggrieved by the decision of the director in the enforcement of the Endowed Care Cemetery Act may obtain judicial review pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 2001, ch. 149, § 21. ANNOTATIONS Effective dates. — Laws 2001, ch. 149, § 22 makes the act effective July 1, 2001.
As used in the Endowed Care Cemetery Act: A. “affiliate” means a corporation that is related to another corporation by shareholdings or other means of control and includes a subsidiary, parent or sibling corporation; B. “burial park” means a tract of land that has been dedicated to the purposes of and used, and intended to […]
A. A cemetery authority is authorized and empowered to accept care funds and hold them in trust in perpetuity for the care of its cemetery; for the care of any lot, grave, crypt or niche in its cemetery; for the special care of any lot, grave, crypt or niche in its cemetery; or for the […]
Except upon written approval of the director, no loan or investment of care funds accepted by a cemetery authority shall be made: A. to any officer, director or trustee of the cemetery authority or to any person in which any officer, director or trustee of the cemetery authority has a controlling interest; B. on or […]
If a cemetery authority accepts care funds, either in connection with the sale of a lot, grave, crypt or niche or in pursuance of a contract, or if, as a condition precedent to the purchase of a lot, grave, crypt or niche, the cemetery authority requires the establishment of a care fund or a deposit […]
A cemetery authority, agent, servant or employee of it or another person shall not advertise, represent, guarantee, promise or contract that perpetual care, permanent care, perpetual or permanent maintenance, care forever, continuous care, eternal care, everlasting care, endowed care or any similar or equivalent care or care for any number of years of any cemetery […]
The care funds authorized in the Endowed Care Cemetery Act and all sums paid into those funds or contributed to those funds are expressly permitted and are for charitable and eleemosynary purposes. Care funds are provided for the discharge of the duty due from the person contributing to those funds to the persons interred and […]
