Section 58-17-21 – Judicial review.
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.
Section 58-17-11 – Deposit or bond of endowed care cemeteries.
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 […]
Section 58-17-12 – Display of signs.
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 […]
Section 58-17-13 – Enforcement of provisions of act by director.
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. […]
Section 58-17-14 – Proceedings in case of law violations.
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 […]
Section 58-17-15 – Disposition of care funds upon dissolution.
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 […]
Section 58-17-16 – Violations; punishment.
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 […]
Section 58-17-17 – Exemption.
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 […]
Section 58-17-18 – Establishing a cemetery authority.
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 […]
Section 58-17-19 – Transfer of ownership.
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 […]