§ 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, […]
§ 46-1-214. Trust Account Reports Required — Inspection of Trust Account Records
Not later than seventy-five (75) days after the end of each of its fiscal years, each cemetery company that engages in sales requiring the establishment of a trust account under this part shall file with the commissioner, on the prescribed form, a report containing: Beginning balances of deposited funds and accumulated earnings in the trust […]
§ 46-1-205. Payment of Dividends — Restrictions — Recovery
No dividend, salary or compensation of any description shall be paid to any stockholder of any cemetery company or any cemetery operator until the company has first set up the improvement care trust fund in the manner and amount provided in § 46-1-204, and no dividend, salary or compensation shall be paid to any stockholder […]
§ 46-1-206. Sales of Pre-Need Cemetery Merchandise and Services
Except as provided in this section, no cemetery company shall directly or indirectly offer to or enter into a contract for the sale of cemetery merchandise or services to be used or performed in connection with the interment or commemoration of a deceased human being, if delivery of the cemetery merchandise, other than for incidental […]
§ 46-1-207. Pre-Need Sales Contracts — Pre-Need Trust Accounts
A sales contract shall be executed in duplicate, and a signed copy given to the purchaser. The contract shall contain the names of the purchaser and the seller and the name of any person, if other than the purchaser, who is to receive the cemetery merchandise or services contracted for, and a description of the […]
§ 46-1-208. Disposition of Trust Funds
The pre-need cemetery merchandise and services trust funds, including the income from the trust funds, after payment of any appropriate trustee fees, commissions and costs, shall remain intact until the cemetery merchandise is delivered or the services performed as specified in the sales contract. However, a seller may, upon proper certification to the trustee, withdraw […]
§ 46-1-209. Satisfaction of Contract — Cancellation of Contract — Substitution of Cemetery Merchandise or Services
If for any reason a cemetery company that has entered into a contract for the sale of cemetery merchandise or services and has made the deposit into the trust funds as required in this part, cannot or does not provide the cemetery merchandise or perform the services called for by the contract within a reasonable […]
§ 46-1-210. Waiver Invalid
Any provision of any contract for the sale of cemetery merchandise or the performance of services that purports to waive any of this part shall be null and void.