reglab/housing_qa huggingface dataset:
MO Rev Stat § 214.335 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.335 - Contributions to endowed care fund for memorial or monument — deficiency, effect of.

Effective - 28 Aug 2010   214.335. Contributions to endowed care fund for memorial or monument — deficiency, effect of. — 1. Any endowed care cemetery may require a contribution to the endowed care fund or to a separate memorial care fund for each memorial or monument installed on a grave in the cemetery. Such contribution, if required by a cemetery, shall not exceed twenty cents per square inch of base area, and shall be charged on every installation regardless of the person performing the installation. Each contribution made pursuant to a contract or agreement entered into after August 28, 1990, shall be entrusted and administered pursuant to sections 214.270 to 214.410 for the endowed care fund. Each contribution made pursuant to a contract or agreement entered into before August 28, 1990, shall be governed by the law in effect at the time the contract or agreement was entered into.  2. If the deposits to any endowed care trust fund are less than the total sum required to be set aside and deposited since the effective date of such sections, the cemetery operator shall correct such deficiency by depositing not less than twenty percent of such deficiency each year for five years and shall file, on the form provided by the division, a statement outlining the date and amount such deposits were made. If the cemetery operator fails to correct the deficiency with respect to funds maintained under section 214.330, the cemetery operator shall thereafter not represent the cemetery as an endowed care cemetery. Any funds held in the cemetery's endowed care trust shall continue to be used for endowed care for that cemetery. The cemetery operator shall remain subject to the provisions of sections 214.270 to 214.410 for any cemetery or any section of the cemetery for which endowed care payments have been collected, subject to the penalties contained in section 214.410, and civil actions, as well as subject to any regulations promulgated by the division. For purposes of this section, the term "deficiency" shall mean a deficiency in the amount required to be deposited pursuant to subsection 1 of this section, or a deficiency created by disbursements in excess of what is permitted under section 214.330 and shall not include or be affected by deficiencies or shortages caused by the fluctuating value of investments. ­­-------- (L. 1990 H.B. 1079, A.L. 1994 S.B. 496, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.340 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.340 - Report required — content — oath — filing required.

Effective - 28 Aug 2010   214.340. Report required — content — oath — filing required. — 1. Each operator of an endowed care cemetery shall maintain at an office in the cemetery or, if the cemetery has no office in the cemetery, at an office within a reasonable distance of the cemetery, the reports of the endowed care trust fund's operation for the preceding seven years. Each report shall contain, at least, the following information:  (1) Name and address of the trustee of the endowed care trust fund and the depository, if different from the trustee;  (2) Balance per previous year's report;  (3) Principal contributions received since previous report;  (4) Total earnings since previous report;  (5) Total distribution to the cemetery operator since the previous report;  (6) Current balance;  (7) A statement of all assets listing cash, real or personal property, stocks, bonds, and other assets, showing cost, acquisition date and current market value of each asset;  (8) Total expenses, excluding distributions to cemetery operator, since previous report; and  (9) A statement of the cemetery's total acreage and of its developed acreage.  2. Subdivisions (1) through (7) of the report described in subsection 1 above shall be certified to under oath as complete and correct by a corporate officer of the trustee. Subdivision (8) of such report shall be certified under oath as complete and correct by an officer of the cemetery operator. Both the trustee and cemetery operator or officer shall be subject to the penalty of making a false affidavit or declaration.  3. The report shall be placed in the cemetery's office within ninety days of the close of the trust's fiscal year. A copy of this report shall be filed by the cemetery operator with the division of professional registration as condition of license renewal as required by subsection 4 of section 214.275.  4. Each cemetery operator who establishes an escrow or trust account pursuant to section 214.387 shall file with the report required under subsection 1 of this section an escrow or trust account report that shall provide the following information:  (1) The total face value of all contracts for burial merchandise and services that have been deferred for delivery by purchase designation; and  (2) The amount on deposit in the escrow or trust account established pursuant to section 214.387, and the account number in the case of an escrow account. ­­-------- (L. 1961 p. 538 § 9, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701, A.L. 2007 S.B. 272, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.345 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.345 - Sale of cemetery plot — written statement to be given to purchaser — copy of annual report to be available to public.

Effective - 28 Aug 2010   214.345. Sale of cemetery plot — written statement to be given to purchaser — copy of annual report to be available to public. — 1. Any cemetery operator who negotiates the sale of burial space in any cemetery located in this state shall provide each prospective owner of burial space a written statement, which may be a separate form or a part of the sales contract, which states and explains in plain language that the burial space is part of an endowed care cemetery; that the cemetery has established and maintains the endowed care trust fund required by law; and that the information regarding the fund described in section 214.340 is available to the prospective purchaser. If the burial space is in a nonendowed cemetery, or in a nonendowed section of an endowed care cemetery, the cemetery operator shall state he has elected not to establish an endowed care trust fund.  2. The operator of each endowed care cemetery shall, upon request, give to the public for retention a copy of the endowed care trust fund annual report prepared pursuant to the provisions of subsection 1 of section 214.340. ­­-------- (L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.360 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.360 - Private use of trust funds prohibited.

Effective - 28 Aug 2010   214.360. Private use of trust funds prohibited. — No cemetery operator, nor any director, officer or shareholder of any cemetery may borrow or in any other way make use of the endowed care trust funds for his own use, directly or indirectly, or for furthering or developing his or any other cemetery, nor may any trustee lend or make such funds available for said purpose or for the use of any operator or any director, officer or shareholder of any cemetery. ­­-------- (L. 1961 p. 538 § 14, A.L. 1994 S.B. 496 § 214.360 subsec. 1, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.363 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.363 - Bankruptcy, assignment for benefit of creditors, endowed care fund exempt.

Effective - 28 Aug 2010   214.363. Bankruptcy, assignment for benefit of creditors, endowed care fund exempt. — In the event of a cemetery's bankruptcy, insolvency, or assignment for the benefit of creditors, the endowed care trust funds shall not be available to any creditor as assets of the cemetery's owner or to pay any expenses of any bankruptcy or similar proceeding, but shall be retained intact to provide for the future maintenance of the cemetery. ­­-------- (L. 1961 p. 538 § 14, A.L. 1994 S.B. 496 § 214.360 subsec. 2, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.365 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.365 - Cemetery failing to provide maintenance — abandonment or ceasing to operate, division's duties.

Effective - 28 Aug 2010   214.365. Cemetery failing to provide maintenance — abandonment or ceasing to operate, division's duties. — Prior to any action as provided in subsection 2 of section 214.205, and when the division has information that a cemetery is not providing maintenance and care, has been abandoned, or has ceased operation, the division may investigate the cemetery to determine the cemetery's current status. If the division finds evidence that the cemetery is abandoned, is not conducting business, or is not providing maintenance and care, the division may apply to the circuit court for appointment as receiver, trustee, or successor in trust. ­­-------- (L. 1961 p. 538 § 14, A.L. 1994 S.B. 496 § 214.360 subsec. 3, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.367 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.367 - Sale of assets, notice required — prospective purchaser of endowed care cemetery, right to recent audit — right to continue operation, notification by division.

Effective - 28 Aug 2010   214.367. Sale of assets, notice required — prospective purchaser of endowed care cemetery, right to recent audit — right to continue operation, notification by division. — 1. Prior to selling or otherwise disposing of a majority of the business assets of a cemetery, or a majority of its stock or other ownership interest, if a corporation or other organized business entity, the cemetery operator shall provide written notification to the division of its intent at least thirty days prior to the date set for the transfer, or the closing of the sale, or the date set for termination of its business. Such notice is confidential and shall not be considered a public record subject to the provisions of chapter 610 until the sale of the cemetery has been effectuated. Upon receipt of the written notification, the division may take reasonable and necessary action to determine that the cemetery operator has made proper plans to assure that trust funds or funds held in an escrow account for or on behalf of the cemetery will be set aside and used as provided in sections 214.270 to 214.410, including, but not limited to, an audit or examination of books and records. The division may waive the requirements of this subsection or may shorten the period of notification for good cause or if the division determines in its discretion that compliance with its provisions are not necessary.  2. A cemetery operator may complete the sale, transfer, or cessation if the division does not disapprove the transaction within thirty days after receiving notice. Nothing in this section shall be construed to restrict any other right or remedy vested in the division or the attorney general.  3. A prospective purchaser or transferee of endowed or unendowed cemetery, with the written consent of the cemetery operator, may obtain a copy of the cemetery's most recent audit or inspection report from the division. The division shall inform the prospective purchaser or transferee, within thirty days, whether the cemetery may continue to operate and be represented as a cemetery. ­­-------- (L. 1994 S.B. 496 § 214.360 subsec. 4, A.L. 2001 H.B. 567, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.370 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.370 - Nonendowed cemetery to post signs and give notice of its character.

Effective - 28 Aug 1961   214.370. Nonendowed cemetery to post signs and give notice of its character. — 1. Every operator of a nonendowed cemetery shall comply with the provisions of this section.  2. Every person subject to this section shall post in a conspicuous place in every office where sales of burial space in a nonendowed cemetery are conducted, a legible sign stating, "This is a nonendowed cemetery." The lettering of this sign shall be of suitable size so it is easily read at a distance of fifty feet.  3. Every person subject to this section shall also have printed or stamped at the head of all contracts, deeds, statements, letterheads, and advertising material, used in any connection with the sale of burial space in a nonendowed cemetery, the statement: "This is a nonendowed cemetery." in lettering equivalent to a minimum of ten point number two black type, and shall not sell any lot or interment space therein unless and until the purchaser thereof is informed that the cemetery is a nonendowed cemetery. ­­-------- (L. 1961 p. 538 § 10)
MO Rev Stat § 214.380 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.380 - Nonendowed section of endowed care cemetery — signs and notice.

Effective - 28 Aug 1961   214.380. Nonendowed section of endowed care cemetery — signs and notice. — An endowed care cemetery may have within its confines a section which may be sold without endowed care; provided, that such section shall be separately set off from the remainder of the cemetery and provided that signs are kept prominently placed around such section stating, "This is a nonendowed section." in lettering of suitable size so it is easily read at a distance of fifty feet. There shall be printed or stamped at the head of all contracts, deeds, statements, letterheads and advertising material used in any connection with the sale of burial space in said section, the statement, "This is a nonendowed section." in lettering equivalent to a minimum of ten point number two black type. No operator shall sell any lot or interment space in a nonendowed section unless and until he shall have informed the purchaser thereof that the section is not endowed. ­­-------- (L. 1961 p. 538 § 11)
MO Rev Stat § 214.385 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.385 - Moving of grave marker, replacement — delivery of item of burial merchandise.

Effective - 28 Aug 2009   214.385. Moving of grave marker, replacement — delivery of item of burial merchandise. — 1. If the operator of any cemetery or another authorized person moves a grave marker, memorial or monument in the cemetery for any reason, the operator or other authorized person shall replace the grave marker, memorial or monument to its original position within a reasonable time.  2. When the purchase price of an item of burial merchandise sold by a cemetery operator or its agent is paid in full, the cemetery operator shall make delivery of such property within a reasonable time. A cemetery operator may comply with this section by delivering to the purchaser of such property a valid warehouse receipt which may be presented to the cemetery operator at a later date for actual delivery. ­­-------- (L. 1990 H.B. 1079, A.L. 1994 S.B. 496 § 214.385 subsecs. 1, 2(a) merged with S.B. 701, A.L. 2009 S.B. 296)
MO Rev Stat § 214.390 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.390 - Existing cemeteries to operate under law — local law applicable.

Effective - 28 Aug 1990   214.390. Existing cemeteries to operate under law — local law applicable. — Cemeteries existing at the time of the adoption of sections 214.270 to 214.410 shall hereafter be operated subject to the provisions of sections 214.270 to 214.410. Where an ordinance or order is established by a county, city, town or village which relates to the maintenance of cemetery property, including the control of weeds and other debris, all cemeteries, including nonperpetual cemeteries, shall be maintained consistent with the provisions of the ordinance or order. ­­-------- (L. 1961 p. 538 § 3, A.L. 1990 H.B. 1079)
MO Rev Stat § 214.392 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.392 - Division of professional registration, duties and powers in regulation of cemeteries — rulemaking authority.

Effective - 28 Aug 2021, 2 histories   214.392. Division of professional registration, duties and powers in regulation of cemeteries — rulemaking authority. — 1. The division shall:  (1) Recommend prosecution for violations of the provisions of sections 214.270 to 214.410 to the appropriate prosecuting, circuit attorney or to the attorney general;  (2) Employ, within limits of the funds appropriated, such employees as are necessary to carry out the provisions of sections 214.270 to 214.410;  (3) Be allowed to convey full authority to each city or county governing body the use of inmates controlled by the department of corrections and the division of probation and parole to care for abandoned cemeteries located within the boundaries of each city or county;  (4) Exercise all budgeting, purchasing, reporting and other related management functions;  (5) Be authorized, within the limits of the funds appropriated, to conduct investigations, examinations, or audits to determine compliance with sections 214.270 to 214.410;  (6) The division may promulgate rules necessary to implement the provisions of sections 214.270 to 214.516, including but not limited to:  (a) Rules setting the amount of fees authorized pursuant to sections 214.270 to 214.516. The fees shall be set at a level to produce revenue that shall not substantially exceed the cost and expense of administering sections 214.270 to 214.516. All moneys received by the division pursuant to sections 214.270 to 214.516 shall be collected by the director who shall transmit such moneys to the department of revenue for deposit in the state treasury to the credit of the endowed care cemetery audit fund created in section 193.265;  (b) Rules to administer the inspection and audit provisions of the endowed care cemetery law;  (c) Rules for the establishment and maintenance of the cemetery registry pursuant to section 214.283.  2. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void. ­­-------- (L. 1994 S.B. 496, A.L. 2001 H.B. 567, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
MO Rev Stat § 214.400 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.400 - Citation of law.

Effective - 28 Aug 2010   214.400. Citation of law. — Sections 214.270 to 214.410 shall be known as the "Cemetery Endowed Care Trust Fund Law". ­­-------- (L. 1961 p. 538 § 1, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
MO Rev Stat § 214.410 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.410 - Violation of law, penalty.

Effective - 01 Jan 2017, 2 histories   214.410. Violation of law, penalty. — 1. Any cemetery operator who shall willfully violate any provisions of sections 214.270 to 214.410 for which no penalty is otherwise prescribed shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed five hundred dollars or shall be confined not more than six months or both.  2. Any cemetery operator who shall willfully violate any provision of section 214.320, 214.330, 214.335, 214.340, 214.360, 214.385, or 214.387 shall be deemed guilty of a class E felony and upon conviction thereof shall be fined a sum not to exceed ten thousand dollars or shall be confined not more than five years or both. This section shall not apply to cemeteries or cemetery associations which do not sell lots in the cemetery.  3. Any trustee who shall willfully violate any applicable provisions of sections 214.270 to 214.410 shall have committed an unsafe and unsound banking practice and shall be penalized as authorized by chapters 361 and 362. This subsection shall be enforced exclusively by the Missouri division of finance for state chartered institutions and the Missouri attorney general for federally chartered institutions.  4. Any person who shall willfully violate any provision of section 214.320, 214.330, 214.335, 214.340, 214.360 or 214.385 or violates any rule, regulation or order of the division may, in accordance with the regulations issued by the division, be assessed an administrative penalty by the division. The penalty shall not exceed five thousand dollars for each violation and each day of the continuing violation shall be deemed a separate violation for purposes of administrative penalty assessment. However, no administrative penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. Penalty assessments received shall be deposited in the endowed care cemetery audit fund created in section 193.265. ­­-------- (L. 1961 p. 538 § 15, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 214.450 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.450 - Indian cemeteries, how established — trust fund authorized.

Effective - 28 Aug 1990   214.450. Indian cemeteries, how established — trust fund authorized. — Any native American group which is comprised of persons who are members of an Indian organization recognized by the United States pursuant to P.L. 93-638; 95-608, which desires to secure a tribal or group burial ground or cemetery on lands owned by such group or tribe may designate any quantity of that land for that purpose, and such grounds shall be established, maintained, and held in perpetuity as burial grounds or cemeteries for the use and benefit of the descendents of the group or tribe making such a designation. Such group shall not be required to convey title to such lands to the county commission to be held in trust pursuant to section 214.090. Such group may establish a trust fund for the benefit of such cemeteries or burial grounds pursuant to section 214.140. ­­-------- (L. 1990 S.B. 625 § 1)
MO Rev Stat § 214.455 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 214 - Cemeteries|Section 214.455 - Destruction or defacing any cemetery property, penalty.

Effective - 28 Aug 1990   214.455. Destruction or defacing any cemetery property, penalty. — Every person who shall knowingly destroy, mutilate, disfigure, deface, injure, or remove any tomb, monument, or gravestone, or other structure placed in such cemetery or burial ground or place of burial of any human being, is guilty of a class A misdemeanor. ­­-------- (L. 1990 S.B. 625 § 2)