§ 46-2-101. Cemetery Rules and Regulations
The owner of every cemetery may make, adopt, and enforce, and from time to time may amend, add to, revise, change, modify, or abolish, reasonable rules and regulations for: The use, care, control, management, restriction, and protection of the cemetery, and of all parts and subdivisions of the cemetery; Restricting, limiting, and regulating the use […]
§ 46-2-102. Action of Trespass for Damage
All offenders shall be liable in an action of trespass in the name of the managers or trustees, to pay all damages that have been occasioned by their unlawful acts, which money, when recovered, shall be applied by the managers or trustees to the reparation of the property injured or destroyed.
§ 46-2-103. Escheat of Lots to Cemetery Owner
In order to facilitate a more efficient and economical system for caring for and maintaining and improving cemeteries owned and operated by municipalities, corporations and associations within this state, it is provided that after March 21, 1955, all vacant cemetery lots and grave spaces owned by any person dying intestate without issue and leaving no […]
§ 46-1-303. Duties and Authority of Commissioner
It is the duty of the commissioner or the commissioner’s duly authorized representatives to examine the annual reports made by the cemetery companies and the annual reports made by the trustees, which shall be filed and carefully preserved as a part of the permanent records of the office. The commissioner or the commissioner’s duly authorized […]
§ 46-1-304. Standard of Cemetery Care — Enforcement — Penalty for Failure to Maintain Improvement Care Fund
As to matters within its reasonable control, a cemetery company shall maintain its cemeteries so as to reflect respect for the memory of the dead in keeping with the reasonable sensibilities of survivors of those whose remains are interred in the cemeteries. The district attorney general in whose district a cemetery is situated may bring […]
§ 46-1-305. Attorney’s Fees
In addition to the liabilities declared in § 46-1-304, the suitor who brings suit and recovers from a stockholder, director or officer of a company shall also recover reasonable attorney’s fees, the amount of which shall be fixed and adjudged by the court before whom the case is tried.
§ 46-1-306. Reasons to Refuse to Issue or Renew, and to Revoke or Suspend Registration — Disciplinary Action — Civil Penalties — Compliance Examination or Independent Audit — Withholding of Earnings and Disbursements — Authority to Issue Citations — Notification and Sharing Information
The commissioner may refuse to issue or renew, and may revoke or suspend, the registration of any cemetery registered pursuant to this chapter or corresponding provisions of prior law for any one (1) or more of the following reasons: Fraud or deceit on the part of a cemetery operator in application for registration; Cancellation, revocation, […]
§ 46-1-215. Financial Reports
Within seventy-five (75) days after the end of the calendar year or its fiscal year and within seventy-five (75) days on an annual basis thereafter, each cemetery company shall file with the commissioner a report of its condition, on forms provided by the commissioner, which report shall contain the following information: The name of the […]
§ 46-1-216. Verification of Reports — Public Records
The annual reports required to be filed in this part shall be duly verified under oath by the owner of the cemetery company and the annual reports by the trustee of the trust fund. Upon filing, the reports shall become public records.
§ 46-1-217. Agreement With Owners of Real Property to Conduct Improvement Care to Graves Located on Property
Interested persons, as that term is defined in § 46-4-102, may enter into an agreement with the owners of real property that is not designated as a cemetery, but does have human remains with marked and identifiable graves, to conduct improvement care, as that term is defined in § 46-1-102, to the graves located on […]