reglab/housing_qa huggingface dataset:
MT Code § 37-19-814 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-814. Permit -- application

  37-19-814. Permit -- application. (1) By January 1, 1998, a person operating a cemetery or a cemetery company governed by this part must have a permit issued by the board. The permit must be displayed in a conspicuous place at the cemetery.   (2) A cemetery permit expires on the date set by board rule and may be renewed for a 5-year period upon payment of a fee set by the board. An application for a permit or renewal of a permit must designate a responsible person, including that person's address and telephone number, who is available to act on behalf of the cemetery company with regard to the requirements of this part. A cemetery company may designate a different person with board approval. An application for renewal of a permit must contain:   (a) the name of the cemetery company, the location of the cemetery, the name of the person in charge of the records of the cemetery company, and the telephone number of the cemetery company;   (b) the number and dollar amount of sales of cemetery lots, grave spaces, mausoleums, crypts, niches, and burial rights for which payment has been made in full and the number of certificates or deeds of conveyance issued during the preceding 5 calendar years;   (c) an accounting of the amounts paid into the perpetual care and maintenance fund and the income received from the fund during the preceding 5 calendar or fiscal years, including the total amount due to the fund whether paid in or not, the amount due to the fund at the date of the report, and the amount expended for maintenance of the cemetery;   (d) the names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company, any change in control of the cemetery company that has occurred during the past 5 calendar or fiscal years, the date of incorporation, if applicable, and the resident agent and address of the registered agent's office if the cemetery company is a corporation; and   (e) any other information that the board requires by rule.   (3) The board may set a penalty fee for late renewal of a permit.   History: En. Sec. 8, Ch. 52, L. 1997.
MT Code § 37-19-815 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-815. Permit -- amendment

  37-19-815. Permit -- amendment. (1) Whenever a cemetery company that is subject to the provisions of this part proposes to amend its present permit for construction of a mausoleum, reduction or increase in percentage of gross sales proceeds to be placed in the perpetual care and maintenance fund, expansion of a cemetery, or other changes in its operation, the cemetery company shall file an application for amendment of the permit with the board.   (2) The application must be accompanied by a fee and other information that the board requires by rule.   History: En. Sec. 9, Ch. 52, L. 1997.
MT Code § 37-19-816 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-816. Permit -- transfer of ownership

  37-19-816. Permit -- transfer of ownership. (1) If a cemetery company that is subject to the provisions of this part is to be sold, if the ownership is to be otherwise transferred, or if a controlling interest in the company is to be sold or otherwise transferred, the proposed purchaser or transferee shall file an application for the issuance of a new permit with the board.   (2) The application must be accompanied by a fee and other information that the board requires by rule.   History: En. Sec. 10, Ch. 52, L. 1997.
MT Code § 37-19-817 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-817. through 37-19-821 reserved

  37-19-817 through 37-19-821 reserved.
MT Code § 37-19-822 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-822. Cemetery perpetual care and maintenance fund

  37-19-822. Cemetery perpetual care and maintenance fund. (1) A perpetual care and maintenance fund established pursuant to the provisions of this part for the purpose of administration, care, and maintenance of a cemetery, including lots, grave spaces, crypts, niches, burial rights, or other land or buildings, is a trust fund.   (2) The net income from the fund must be used by the owners, managers, or officers and directors of a cemetery company exclusively for the care and maintenance of the cemetery and may not be used for any other purpose.   (3) The principal of a perpetual care and maintenance fund must in all cases remain intact and inviolate and must be administered with the same care, skill, prudence, and diligence, under the circumstances then prevailing, that a prudent person would use to accomplish the purpose of the trust as required by this section and reflected in the trust document.   (4) Each cemetery company shall maintain at a minimum the following:   (a) a general ledger and general journal or comparable books of entry showing all receipts, disbursements, assets, liabilities, and income of the perpetual care and maintenance fund;   (b) documents supporting and verifying each asset of the fund; and   (c) a trust agreement.   (5) The board may require a cemetery company to provide an accounting or audit of its perpetual care and maintenance fund.   (6) Each cemetery company shall deposit not less than 15% of the gross proceeds of each sale of a lot, grave space, crypt, niche, or burial right, as determined by the board, into the perpetual care and maintenance fund.   (7) In establishing a perpetual care and maintenance fund, a cemetery company may from time to time adopt plans for the general care and maintenance of its cemetery.   (8) A perpetual care and maintenance fund may receive, take, and hold any real or personal property that is bequeathed, devised, granted, given, or otherwise contributed to it.   History: En. Sec. 11, Ch. 52, L. 1997.
MT Code § 37-19-823 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-823. Records required

  37-19-823. Records required. (1) A cemetery company shall make and keep accounts and records confirming that the cemetery company has made the required contributions to its perpetual care and maintenance fund. The burden is on the cemetery company to maintain the accounts and records.   (2) All sales contracts and deeds, unless otherwise authorized by the board, issued by a cemetery company must be numbered prior to their execution by the cemetery company and must contain those items the board prescribes by rule.   (3) A mortuary, branch establishment, or crematory shall make and keep accounts and records confirming that the money paid pursuant to a contract for a prearranged funeral or related service has been put in trust for the purposes for which the money was paid.   History: En. Sec. 12, Ch. 52, L. 1997; amd. Sec. 12, Ch. 49, L. 2019.
MT Code § 37-19-824 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-824. Conveyance

  37-19-824. Conveyance. (1) An instrument of conveyance for a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space must be issued to the purchaser upon complete payment of the purchase price.   (2) Only a cemetery company or its agents may sell or convey the items listed in subsection (1). However, an owner may sell the item if the owner has first offered in writing to sell it to the cemetery company at the purchase price then being charged by the cemetery company for a similar item and the cemetery company has not accepted the offer within 30 days of the offer.   (3) (a) The secretary or other responsible person of a cemetery company shall file and record in the cemetery company's books all instruments of conveyance.   (b) An instrument of conveyance must be recorded by the cemetery company in the office of the county clerk and recorder and returned to the purchaser.   (4) An instrument of conveyance must be signed on behalf of a cemetery company by the person having proper authority to sign the instrument of conveyance.   History: En. Sec. 13, Ch. 52, L. 1997; amd. Sec. 2, Ch. 336, L. 1999.
MT Code § 37-19-825 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-825. Preexisting cemeteries

  37-19-825. Preexisting cemeteries. A cemetery or cemetery company that is in existence on January 1, 1998, shall obtain the necessary permits required by this part in order to continue operation and is subject as of January 1, 1998, to the provisions of this part.   History: En. Sec. 14, Ch. 52, L. 1997.
MT Code § 37-19-826 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-826. Repealed

  37-19-826. Repealed. Sec. 6, Ch. 336, L. 1999.   History: En. Sec. 15, Ch. 52, L. 1997.
MT Code § 37-19-827 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-827. Contract for prearranged funeral plan or related services -- trust requirement -- interest -- exception

  37-19-827. Contract for prearranged funeral plan or related services -- trust requirement -- interest -- exception. (1) Prearranged funeral or related services may be presented, negotiated, and sold to the public only by a licensed mortician.   (2) Except as provided in subsection (5), all money paid pursuant to a contract for a prearranged funeral or related services must be held in trust for the purposes for which the money was furnished until the obligations of a mortuary, a branch establishment, a crematory, a cemetery firm, or a mausoleum-columbarium corporation have been:   (a) fulfilled according to the terms of the contract; or   (b) terminated, by mutual consent of the parties, and the money is refunded to the proper party.   (3) Any interest accrued by money in a trust must be held in the trust and is subject to the terms of the trust agreement and the rules of the board.   (4) The board may require a mortuary, a branch establishment, or a crematory to provide an accounting or audit of the funds held in trust.   (5) Money paid for the purchase of a lot, grave space, mausoleum, crypt, niche, or burial right or part of a lot or grave space is not subject to the trust requirements of this section if title passes to the purchaser at the time that the payment is made.   History: En. Sec. 3, Ch. 336, L. 1999; amd. Sec. 13, Ch. 49, L. 2019.
MT Code § 37-19-828 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-828. Funeral trust fund -- deposit of money

  37-19-828. Funeral trust fund -- deposit of money. (1) (a) A party that provides services pursuant to a contract for a prearranged funeral or related services and that receives money under the contract shall deposit the money within 10 business days of receipt in a banking institution or invest the money in the stock of a savings or building and loan association or in the shares of a credit union.   (b) The banking institution, savings or building and loan association, or credit union shall maintain an office in this state and must be organized under the laws of this state, of another state, or of the United States.   (c) Deposits or investments made as provided in this section must be insured by an instrumentality of the federal government.   (2) Deposits or investments made pursuant to this section constitute a trust fund for the benefit of the person contracting for the prearranged funeral or related services. The money must be placed in a separate account in the name of the depositor as trustee for the person contracting for the prearranged funeral or related services.   History: En. Sec. 4, Ch. 336, L. 1999; amd. Sec. 1, Ch. 125, L. 2015.
MT Code § 37-19-829 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-829. Report of entity holding deposited money

  37-19-829. Report of entity holding deposited money. A banking institution, savings or building and loan association, or credit union shall report to the department prior to February 1 of each year all amounts that it has received and held in trust accounts created as provided in 37-19-828. The report must contain the name and address of each trustee and trust beneficiary and must contain the amount of principal in each account and the amount of interest or dividends paid on each account.   History: En. Sec. 5, Ch. 336, L. 1999.
MT Code § 37-19-830 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-830. reserved

  37-19-830 reserved.
MT Code § 37-19-831 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 8. Perpetually Maintained Cemeteries -- Trusts|37-19-831. Penalty -- injunction

  37-19-831. Penalty -- injunction. (1) A person who violates a provision of this part is guilty of a misdemeanor and upon conviction shall be fined not more than $500 or imprisoned for not more than 90 days, or both.   (2) The board may enforce any provision of this part by injunction or any other appropriate proceeding.   History: En. Sec. 16, Ch. 52, L. 1997.
MT Code § 37-19-901 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-901. Short title

  37-19-901. Short title. This part may be cited as the "Montana Right of Disposition Act".   History: En. Sec. 1, Ch. 208, L. 2009.
MT Code § 37-19-902 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-902. Purpose

  37-19-902. Purpose. The legislature declares that it is the public policy of this state to provide an orderly and uniform system to determine which individuals hold the right to direct and carry out funeral and disposition arrangements for the remains of deceased individuals.   History: En. Sec. 2, Ch. 208, L. 2009.
MT Code § 37-19-903 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-903. Prepaid funeral arrangements -- disposition directions -- definition

  37-19-903. Prepaid funeral arrangements -- disposition directions -- definition. (1) A person who is 18 years of age or older and of sound mind, by entering into a prepaid funeral contract with any mortuary licensed under Title 37, chapter 19, part 4, or by providing disposition directions may direct the location, manner, and conditions of disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death.   (2) The funeral prearrangements that are prepaid and contracted for with a licensed mortuary or the disposition directions may not be canceled or substantially revised unless the cancellation or substantial revision has been ordered by a person appointed by the decedent in the prepaid funeral contract or the disposition directions as the person authorized to cancel or revise the terms of the prepaid funeral contract or the disposition directions.   (3) As used in this section, the term "disposition directions" means:   (a) a video provided in a replayable format of the person who is the subject of the disposition directions in which the person describes the wishes for disposition and that is accompanied by a written attestation of the video accuracy by two witnesses who are at least 18 years of age; or   (b) a legible written instrument signed by the person who is the subject of the disposition directions and by two people who are at least 18 years of age who have witnessed the signing by the person. The written instrument may be but is not limited to a letter of instructions, a will, a trust document, or advance directives. A written instrument that does not name a person with the right to control the decedent's disposition must follow the priority of rights of disposition provided in 37-19-904.   History: En. Sec. 3, Ch. 208, L. 2009.
MT Code § 37-19-905 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-905. Arrangements provided by survivors

  37-19-905. Arrangements provided by survivors. The provisions of 37-19-903 and 37-19-904(1) do not prevent the decedent's survivors, in the order listed in 37-19-904, from pursuing, at their own expense, meaningful services and making arrangements for funeral services that do not conflict with the decedent's instructions for disposition made in accordance with 37-19-903 and 37-19-904(1).   History: En. Sec. 5, Ch. 208, L. 2009.
MT Code § 37-19-906 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-906. Loss of right of disposition

  37-19-906. Loss of right of disposition. A person entitled to the right of disposition under 37-19-904 forfeits that right and the right is passed on to the next qualifying person listed in 37-19-904 under the following circumstances:   (1) the person is charged with deliberate or negligent homicide in connection with the decedent's death. However, if the charges against the person are dismissed or if the person is acquitted of the charges, the right of disposition is returned to the person.   (2) the person does not exercise the person's right of disposition within 2 days after notification of the death of the decedent or within 3 days of the decedent's death, whichever is earlier;   (3) the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of the decedent's death; or   (4) the district court, pursuant to 37-19-907, determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subsection, "estranged" means a physical and emotional separation from the decedent existing at the time of death and that existed for a period of time prior to death that clearly demonstrates an absence of affection, trust, and regard for the decedent.   History: En. Sec. 6, Ch. 208, L. 2009.
MT Code § 37-19-908 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-908. Right to rely

  37-19-908. Right to rely. (1) A person who signs a funeral agreement, cremation authorization form, or other authorization for disposition must be considered as warranting the truthfulness of any facts set forth in the agreement, form, or authorization, including:   (a) the identity of the decedent whose remains are subject to the disposition; and   (b) the person's authority to order the disposition.   (2) A mortician may rely on the funeral service agreement, cremation authorization form, or other authorization and may carry out the instructions of the person or persons who the mortician reasonably believes hold the right of disposition.   (3) A mortician is not responsible to contact or to independently investigate the existence of any next of kin or relatives of the decedent.   (4) If a class includes two or more persons who are equal in priority, a mortician may rely on and act according to the instructions of the first person in the class to make funeral and disposition arrangements if another person in the class has not provided to the mortician written notice of the person's objections to the arrangements and the mortician does not have knowledge of any objections to the arrangements by other members of the class.   History: En. Sec. 8, Ch. 208, L. 2009.
MT Code § 37-19-909 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 19. Morticians and Funeral Services|Part 9. Right of Disposition of Remains|37-19-909. Immunity

  37-19-909. Immunity. A mortuary or mortician who relies in good faith on the instructions of an individual claiming the right of disposition is not subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.   History: En. Sec. 9, Ch. 208, L. 2009.
MT Code § 37-20-101 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 20. Physician Assistants|Part 1. General|37-20-101. Qualifications of supervising physician and physician assistant

  37-20-101. Qualifications of supervising physician and physician assistant. (1) The supervising physician named in the supervision agreement required by 37-20-301 shall:   (a) possess a current, active license to practice medicine in this state; and   (b) exercise supervision over the physician assistant in accordance with the rules adopted by the board and retain professional and legal responsibility for the care and treatment of patients by the physician assistant.   (2) A physician assistant named in the supervision agreement required by 37-20-301 must have a current, active Montana physician assistant license.   History: En. Sec. 3, Ch. 380, L. 1981; amd. Sec. 9, Ch. 97, L. 1989; amd. Sec. 6, Ch. 519, L. 2005.
MT Code § 37-20-102 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 20. Physician Assistants|Part 1. General|37-20-102. Repealed

  37-20-102. Repealed. Sec. 16, Ch. 419, L. 1993.   History: En. Sec. 8, Ch. 380, L. 1981; amd. Sec. 10, Ch. 97, L. 1989.
MT Code § 37-20-103 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 20. Physician Assistants|Part 1. General|37-20-103. Limitations on authority conferred -- exception

  37-20-103. Limitations on authority conferred -- exception. Except as provided in 37-10-102, nothing in this chapter may be construed to authorize a physician assistant to perform those functions and duties specifically delegated by law to persons licensed as optometrists, as defined under Title 37, chapter 10. A physician assistant may perform an abortion.   History: En. Sec. 10, Ch. 380, L. 1981; amd. Sec. 11, Ch. 97, L. 1989; amd. Sec. 1, Ch. 321, L. 1995; amd. Sec. 7, Ch. 519, L. 2005.
MT Code § 37-20-104 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 20. Physician Assistants|Part 1. General|37-20-104. Unlicensed practice -- penalties

  37-20-104. Unlicensed practice -- penalties. (1) A person who employs a physician assistant or holds out to the public that the person is a physician assistant without having been issued a Montana physician assistant license is guilty of a misdemeanor and is punishable as provided in 46-18-212.   (2) Prior to being issued a license and submitting a supervision agreement to the board, a physician assistant may not practice as a physician assistant in this state, even under the supervision of a licensed physician.   (3) The board may enforce the provisions of this section by the remedy of injunction and the application of other penalties as provided by law.   History: En. Sec. 5, Ch. 380, L. 1981; amd. Sec. 12, Ch. 97, L. 1989; amd. Sec. 1, Ch. 446, L. 1991; amd. Sec. 7, Ch. 419, L. 1993; amd. Sec. 8, Ch. 519, L. 2005.