reglab/housing_qa huggingface dataset:
LA Rev Stat § 8:454 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§454. Trust funds required; master trust fund

RS 454 - Trust funds required; master trust fund  A. No corporation hereafter organized for the operation of a perpetual or endowed care cemetery and no cemetery authority not operating prior to August 1, 1962, as a perpetual or endowed care cemetery shall advertise or sell interment spaces in the cemetery under the representation that such cemetery or any individual interment space therein is entitled to perpetual or endowed care, until there has been established a trust fund to provide for such care in the sum of fifty thousand dollars in cash, or in lieu thereof securities listed upon a national exchange or obligations of the United States government, any state, parish, county, or municipality, having a fair market value equal to said amount of cash on the date of deposit.  B. The trust fund so created shall be evidenced by an instrument in writing and shall be placed with a designated trustee which shall be a federally insured financial institution or trust company located in Louisiana and authorized to exercise trust or fiduciary powers under the laws of Louisiana or the United States.  C.(1) Notwithstanding any provision of law to the contrary, for the purposes of collective investment and administration and with written consent of each participant in a master trust fund, a designated trustee of two or more trust funds may apply to the board to establish a master trust fund in which deposits are made pursuant to the provisions of this Title.  (2) The master trust fund shall be subject to the following requirements:  (a) It shall include only trust funds with a principal balance of less than two hundred fifty thousand dollars. Upon a determination that a trust fund made a part of a master trust fund has a principal sum exceeding two hundred fifty thousand dollars at the end of a reporting period, such trust fund shall no longer be subject to the collective investment and administration of the master trust fund and shall be removed from the master trust fund within ninety days.  (b) The designated trustee of a master trust fund shall maintain separate records of principal and income for each participant in the master trust fund.  (c) The income and associated expenses of the master trust fund shall be divided among the participants in the master trust fund based on the proportion that each participant contributes to the balance of the master trust fund.  (d) The annual report by the designated trustee of the master trust fund shall include an itemized separate accounting for each participant in the master trust fund. Such annual report shall comply with the provisions of R.S. 8:456.  (e) The operation of the master trust fund shall be subject to the provisions of this Title and the rules and regulations of the board.  Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 1992, No. 86, §1; Acts 2001, No. 468, §1; Acts 2003, No. 501, §1, eff. July 1, 2003; Acts 2018, No. 391, §1, eff. May 20, 2018.
LA Rev Stat § 8:454.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§454.1. Administration of trust funds; maintenance; exemption from seizure

RS 454.1 - Administration of trust funds; maintenance; exemption from seizure  A. The principal of the trust fund shall remain permanently intact and only the income therefrom shall be expended. The income shall be used solely for the care of those portions of the cemetery in which interment spaces have been sold with a provision for perpetual or endowed care. It is the intent of this Section that the income of said fund shall be used solely for the care of interment spaces sold with a provision for perpetual or endowed care and for the care of other portions of the cemetery immediately surrounding said spaces as may be necessary to preserve the beauty and dignity of the spaces sold. The fund or its income shall never be used for the development, improvement, or embellishment of unsold portions of the cemetery so as to relieve the cemetery authority of the ordinary cost incurred in preparing such property for sale.  B. The cemetery shall be maintained in a reasonable condition which shall include but not be limited to leveling of grounds where interments have been made, removal of all debris, mowing, and edging, resulting in a well-kept appearance at all times.  C. After the establishment of the trust fund, a minimum of ten percent of the gross sales price received for any interment space sold or transferred under the representation that such interment space shall receive perpetual or endowed care shall be deposited in the trust fund; however, in computing the amount to be deposited therein for property sold after the creation of the fund, the cemetery authority shall be entitled to credit for the amount originally deposited upon creation of the trust fund. For each interment space provided without charge, the deposit shall in no event be less than ten percent of the fair market value of said interment space.  D. Notwithstanding any provision of law to the contrary, the principal of the trust fund and all income therefrom shall be exempt from seizure, under any writ, mandate, or process whatsoever, by the creditors of the beneficiaries, the trustee, and the cemetery authority or any person owning, operating, managing, conducting or providing perpetual or endowed care to or for, the cemetery for which the trust fund was created.  Acts 2001, No. 468, §1.
LA Rev Stat § 8:455 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§455. Annual report by cemeteries

RS 455 - Annual report by cemeteries All cemeteries subject to the provisions of this chapter shall file with the trustee, as defined herein, not later than ninety days after the close of the business year, a report setting forth the volume and the gross selling price of sales upon which a deposit with the trustee is required by this chapter.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:456 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§456. Annual report by trustee; final accounting by trustee required

RS 456 - Annual report by trustee; final accounting by trustee required  A.(1) Not later than sixty days after the receipt of the report required by R.S. 8:455, the trustee shall file with the board an annual report on a form prescribed by the board setting forth all of the following:  (a) All receipts and disbursements of cash, all receipts and deliveries of other trust property during the regular business year of the cemetery authority, and a detailed list of all items of trust property in the trust at the end of each year.  (b) A statement showing the total amount of the endowment and perpetual care trust funds invested in each of the investments authorized by law, and the amount of cash on hand not invested.  (2) The report shall be verified by the president or vice president and one other officer of the cemetery authority.  B. Within sixty days of the resignation of a trustee and transfer of the trust fund to the successor trustee, the resigning trustee shall file with the board a final accounting showing in detail all receipts and disbursements of cash and all receipts and deliveries of other trust property, and set forth a detailed list of all items of trust property in the trust from the last reporting period through the date of resignation and transfer of the trust fund to the successor trustee.  C. Notwithstanding any provision of law to the contrary, the annual report and final accounting shall be open for public inspection and upon request, a copy of the annual report and final accounting shall be made available.  Acts 1974, No. 417, §1; Acts 1997, No. 921, §1; Acts 2014, No. 88, §1; Acts 2015, No. 222, §1; Acts 2018, No. 391, §1, eff. May 20, 2018.
LA Rev Stat § 8:456.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§456.1. Resignation of trustee; orderly transfer of trust fund

RS 456.1 - Resignation of trustee; orderly transfer of trust fund Whenever a trustee resigns, the following documentation shall be filed with the board to insure an orderly transfer of the trust fund from the resigning trustee to the successor trustee: (1) A written statement from the cemetery authority to the present trustee, requesting it resign as trustee of the trust fund, if the trust agreement permits, or a written statement from the cemetery authority accepting the resigning trustee's resignation. (2) A written statement from the present trustee stating it will resign as trustee of the trust fund for the cemetery authority or a written statement from the present trustee advising it wishes to resign as trustee of a trust fund, if the trust agreement permits. (3) A written statement from the successor trustee, qualified under R.S. 8:454(B)(1), accepting the trust fund. (4) A final accounting from the resigning trustee and a copy of the transmittal letter forwarding the assets of the trust fund to the successor trustee. (5) A written statement from the successor trustee acknowledging receipt of the assets of the trust fund. A list of the assets should be contained in the statement. Acts 1997, No. 921, §1.
LA Rev Stat § 8:457 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§457. Application of Chapter

RS 457 - Application of Chapter  A. Any cemetery in existence on August 1, 1962, which, prior to such date, sold or contracted to sell interment spaces with a provision for perpetual or endowed care, qualifies for the exceptions set forth in this Chapter if the owner of said cemetery filed in the office of the recorder of mortgages for the parish in which said cemetery is located, a sworn affidavit executed by said owner, or its principal officer, setting forth the following:  (1) That a care fund was in existence for said cemetery, the principal of which was equal to a minimum of ten percent of the gross sales of interment spaces made by said cemetery since its inception or since January 1, 1961, whichever date is later.  (2) The nature and character of the assets comprising such care fund.  (3) The name of the financial institution or trustees or other entity which had custody and control of such fund.  B. A like affidavit shall be filed with the board at the end of each fiscal year thereafter for the operation of such cemetery.  C. No cemetery in existence on August 1, 1962, which prior to such date had sold or contracted to sell lots in said cemetery with a provision for perpetual or endowed care shall thereafter continue to operate as a perpetual or endowed care cemetery without having filed and without hereafter filing the affidavits required by this section. However, an affidavit filed by a cemetery before July 31, 1974 and recorded in the mortgage records of the parish of its domicile, setting forth that the perpetual care or endowed care fund has been properly and continually maintained since January 1, 1961, shall be considered conclusive proof that the provisions of this section have been complied with and shall place said cemetery authority within the excepted cemeteries.  Acts 1974, No. 417, §1. Acts 1983, No. 525, §1; Acts 2001, No. 468, §1; Acts 2018, No. 391, §1, eff. May 20, 2018.
LA Rev Stat § 8:458 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§458. Prohibited acts; injunctions

RS 458 - Prohibited acts; injunctions No person or cemetery authority shall offer for sale or sell any interment space in any cemetery with a provision for perpetual or endowed care, or in any manner represent, advertise, or hold out to the public that said cemetery, or any portion thereof, is entitled to perpetual or endowed care unless and until such person or authority has complied with the provisions of this Chapter. The board may institute legal proceedings to enjoin any person or cemetery authority from violating the provisions of this Section.  Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1.
LA Rev Stat § 8:459 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§459. Cemeteries exempt

RS 459 - Cemeteries exempt The provisions of this chapter shall not apply to any family burial ground or religious, fraternal, municipal, state or federal cemetery.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:459.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§459.1. Trust fund transfers

RS 459.1 - Trust fund transfers A. The provisions of R.S. 8:459 notwithstanding, whenever the ownership or management of a cemetery is transferred and by virtue of such transfer becomes a family burial ground or a religious, fraternal, municipal, state, or federal cemetery, the existing perpetual care trust fund of such transferred cemetery shall remain permanently intact and only the income therefrom shall be expended. The income shall be used solely for the upkeep and maintenance of said cemetery. B. The trustee of any such perpetual care trust fund shall be a federally insured financial institution or trust company located in Louisiana and authorized to exercise trust or fiduciary powers under the laws of Louisiana or the United States. C. No further contributions to such fund shall be required except for payments on those contracts in existence at the time of such transfer. D. The provisions of this Chapter shall apply to the use and administration of such funds. E. The provisions of this Section shall not apply to the transfer of ownership or management of a cemetery from one religious, fraternal, municipal, state, or federal cemetery authority to another religious, fraternal, municipal, state, or federal cemetery authority, where both transferor and transferee are exempt from the provisions of this Chapter as provided in R.S. 8:459. Acts 1986, No. 113, §1; Acts 2001, No. 468, §1; Acts 2004, No. 67, §1.
LA Rev Stat § 8:460 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§460. Penalties

RS 460 - Penalties Whoever violates any of the provisions of this chapter, shall, upon conviction, be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:461 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§461. Examination of endowment funds; expenses

RS 461 - Examination of endowment funds; expenses  A. The board shall examine the endowment care funds of each cemetery authority governed by the provisions of this Title, including those organized before and after August 1, 1962, at the following time or times:  (1) Whenever it deems necessary but at least once every three years.  (2) Whenever the cemetery authority or trustee in charge of endowment or perpetual care funds fails to file the reports required by this Chapter.  (3) Whenever the board is requested by verified petition signed by twenty-five individual interment space owners, alleging that the endowment or perpetual care funds are not in compliance with this title, in which case the examination shall be at the expense of the petitioners.  B. The expense of the examination as provided herein shall not exceed two hundred fifty dollars per day for each examiner engaged in the examination, but when the examination requires more than two days, the cost shall be paid by the cemetery authority in an amount not to exceed a total of five hundred dollars, unless irregularities are found, in which case the cemetery authority shall pay the full cost of the examination. The examination shall be privately conducted in the principal office of the cemetery authority or trustee.  Acts 1974, No. 417, §1; Acts 2015, No. 222, §1.
LA Rev Stat § 8:462 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§462. Examination expense; effect of refusal to pay; disposition

RS 462 - Examination expense; effect of refusal to pay; disposition  If a cemetery authority refuses to pay examination expenses, the board may refuse it a certificate of authority and may revoke any existing certificate of authority.  Acts 1974, No. 417, §1; Acts 2015, No. 222, §1.
LA Rev Stat § 8:463 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§463. Powers, duties, records, concerning examination of funds

RS 463 - Powers, duties, records, concerning examination of funds In making such examination, the board shall: (1) Have free access to the books and records relating to the endowment or perpetual care funds, their collection and investment, and the number of interment spaces under endowment or perpetual care. Such books and records shall be made available for examination in the principal office of the cemetery authority or trustee located within the state of Louisiana; (2) Inspect and examine the endowment or perpetual care funds to determine their condition and the existence of the investments; and (3) Ascertain if the cemetery authority has complied with all laws applicable to endowment or perpetual care funds. Acts 1974, No. 417, §1; Acts 1997, No. 921, §1.
LA Rev Stat § 8:464 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§464. Action required when authority fails to deposit minimum endowment or perpetual funds

RS 464 - Action required when authority fails to deposit minimum endowment or perpetual funds A. If an examination made by the board, or any report filed with it, shows that there has not been collected and deposited in the endowment or perpetual care fund the minimum amounts required by this Title, the board shall require such cemetery authority to comply immediately with such requirement.  B.(1) Upon the failure of a cemetery authority to meet the requirements of this Chapter, the board shall have the authority to institute legal proceedings in district court in the parish where the cemetery is physically located for the purpose of recovering from the cemetery authority, and any other responsible party, the amounts necessary to satisfy the deficiencies in the endowment or perpetual care funds.  (2) The board may, in the same or other legal proceedings, recover from the cemetery authority and any other responsible party all reasonable costs, fees, and expenses incurred by the board, including but not limited to the costs of all examinations, audits, accountant and attorney's fees, cost of administrative proceedings and hearings, and any other cost incurred by the board in the enforcement of the provisions of this Title, any other provisions of law notwithstanding.  (3) Notwithstanding any other provisions of law, if the board fails to prove that the cemetery authority or other responsible party is not in compliance with the requirements of this Section, then the board shall not recover any costs, fees, or any expenses incurred by it and shall be responsible for paying all reasonable costs, fees, or expenses incurred by the cemetery authority or responsible party who was accused of not being in compliance.  Acts 1991, No. 430, §1.
LA Rev Stat § 8:466 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§466. Annual report of cemetery authority; contents; fees

RS 466 - Annual report of cemetery authority; contents; fees  A. Each cemetery authority that has sold interment space subject to endowment or perpetual care, including those cemetery authorities organized before and after August 1, 1962, shall file with the board annually, on or before the thirtieth day of June, a written report on a form prescribed by the board setting forth all of the following:  (1) The number of contracts written in the reporting period for the sale of interment spaces or interment rights.  (2) The amount of gross sales or receipts from contracts of sales of all interment spaces or interment rights and the amount of any discounts.  (3) The amount of gross sales or receipts from perpetual care contracts, if any, sold separately from interment spaces or interment rights.  (4) The fair market value of interment spaces or interment rights provided without charge.  (5) The amount of deposits due the endowment or perpetual care trust fund for the reporting period and the dates the funds were deposited with the trustee.  B. The report shall be verified by the president or vice president and one other officer of the cemetery authority and shall be certified by the accountant or auditor preparing the same.  C. The cemetery authority shall pay to the board a report filing fee of not more than five dollars for each contract subject to endowment or perpetual care entered into in the annual report period, as specified in Subsection A of this Section. Report filing fees shall be due and payable at the time of filing the report and shall be used to cover the board's reasonable and ordinary expenses. Failure to pay report filing fees within six months after the close of the business year shall result in a late charge assessed by the board to the cemetery authority in the amount of one hundred dollars.  Acts 1974, No. 417, §1; Acts 2015, No. 222, §1.
LA Rev Stat § 8:467 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§467. Examination of reports

RS 467 - Examination of reports The board shall examine the reports filed with it as to their compliance with the requirements of the law.  Acts 1974, No. 417, §1.
LA Rev Stat § 8:501 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§501. Application

RS 501 - Application A. Except as hereinafter provided, no person or legal entity, including a cemetery authority, shall, directly or indirectly, enter into a contract for the sale of personal property or services which may be used in a cemetery in connection with the disposing or commemorating of the memory of a deceased human being, if delivery of such personal property or performance of such services is to be made more than one hundred twenty days after entering into such contract, except as provided in R.S. 8:502(A), 502.1, and 502.2. B. The provisions of this Chapter shall apply to but not be limited to the sale of burial vaults, grave liners, urns, memorials, vases, foundations, memorial bases, and similar merchandise and related services commonly sold or used in cemeteries, including interment fees. However, the provisions of this Chapter shall not apply to cemetery spaces or the right of use or interment in any cemetery space. Acts 1974, No. 417, §1; Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013.
LA Rev Stat § 8:502.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 8 - Cemeteries|§502.1. Determination of personal property delivery

RS 502.1 - Determination of personal property delivery Personal property shall be delivered within the meaning of R.S. 8:501 when any of the following occur: (1) Actual delivery of the personal property is made to the contract beneficiary. (2) Delivery of the personal property is made to the cemetery authority or other entity for the contract beneficiary and the personal property is permanently affixed to real property or a mausoleum. (3) Delivery of the personal property is made to the cemetery authority or other entity for the contract beneficiary with the storage provided by the cemetery authority or other entity, and the cemetery authority or other entity: (a) Maintains and submits to the board, not less than annually, a merchandise inventory log of all personal property in storage at the date of such report, including a detailed description of all such personal property with the name of the contract beneficiary. (b) Submits evidence that all stored personal property is insured against casualty, theft, and any loss normally assumed by a compensated depositary or bailee for hire. (c) Permits the board or its designee, at any time, to examine all stored personal property and examine any documents pertaining thereto. (4) The cemetery authority or other entity has paid its supplier for pre-need personal property, and the supplier has caused such personal property to be manufactured and stored and has caused title to such personal property to be transferred to the contract beneficiary, and has agreed to ship such personal property upon his request or the request of the cemetery authority or other entity. Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013.