CHAPTER 441

CEMETERY AND FUNERAL TRUSTS

 

Section

441-1 Definitions

441-2 Certificate of dedication

441-3 Map or plat required; unique identifier

441-4 Subdivision law not applicable; approval of location

and boundaries by council

441-5 Securities law not applicable to sales of cemetery

property

441-5.5 Family burial plots

441-6 When dedication complete; effect of dedication

441-7 Constructive notice of dedication

441-8 Resurvey; amended map or plat

441-9 Dedicated property exempt from improvement assessment

441-10 Proration and consolidation of existing improvement

district encumbrances in order to clear such

encumbrances prior to dedication

441-11 Use as cemetery may not be disturbed after dedication

441-12 Mortgages and liens; consumer contracts; sales

prohibited

441-13 Sale of plots after dedication; sale of encumbered

plots prohibited unless encumbrance subordinate to

dedication

441-14 Dedication to cemetery purposes does not violate laws

against perpetuities

441-15 Removal of dedication

441-16 Hearing

441-17 Existing cemeteries deemed dedicated; extension of

existing cemeteries

441-18 Repealed

441-19 Powers and duties of director

441-19.5 Repealed

441-20 License required to act as cemetery or pre-need

funeral authority

441-20.5 Audit of records of cemetery or pre-need funeral

authority

441-20.6 Retaining consultants

441-21 No cemetery or pre-need funeral authority license

issued when

441-22 Bond

441-22.1 Exemption

441-22.2 Pre-need trusts required

441-22.5 Mortuary, cemetery, or pre-need funeral authority;

disclosure requirements

441-22.6 Mortuary, cemetery, or pre-need funeral authority:

price list to be furnished

441-22.7 Further additional charges or fees for perpetual care

prohibited; unfair or deceptive act or practice;

penalty

441-22.8 Cancellation; default and termination; refund

441-23 Fine, revocation, suspension, and renewal of authority

licenses

441-24 Inspection of cemetery or pre-need funeral authority

books

441-24.5 Pre-need trusts and perpetual care funds; audited

financial statements

441-24.6 Pre-need trusts and perpetual care funds; actuarial

studies

441-24.7 Actuarial study, audited financial statement, trust

agreement; available for review

441-25 License not required to act as cemetery or pre-need

funeral salesperson

441-26 to 28 Repealed

441-29 Application for license; fees

441-30 Form of licenses

441-30.5 Transfer of license

441-31 Fees; biennial renewals

441-32 Delivery of agreement

441-32.5 Sales contracts; filing with the director

441-33, 34 Repealed

441-35 Perpetual care fund expressly permitted

441-36 Perpetual care required

441-37 Trustee of perpetual care fund and pre-need trust

441-38 Contributions and payments to the trustee

441-39 Principal of fund or trusts; use of income, reserves

441-40 Application of principal and income; responsibility

of trustee

441-41 Investment of perpetual care funds and pre-need

trusts

441-42 Trustee's compensation

441-43 Inspection, regulation, and supervision of

administrator

441-44 Trustee's account; enforcement by attorney general

441-45 Penalty

441-46 Surrender of license

 

Note

 

Chapter heading amended by L 1987, c 153, 2.

 

Cross References

 

Sunset evaluations modified, see 26H-4 and 26H-5.

Disposition of a decedent's remains, control of, see chapter 531B.

Prehistoric and historic burial sites, see 6E-43.

State-owned cemeteries, see chapter 110.

 

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