reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.150 - County commissions shall become trustees and custodians.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.150. County commissions shall become trustees and custodians. —
The county commissions of the respective counties of this state shall become trustees and custodians of any fund or funds which may be created by any person or persons, firm or corporation, for the purpose of maintaining in part or in whole any public or private cemetery in their respective county. When a gift or bequest is made to said county commission they shall accept the same upon the terms and conditions of said gift or bequest and administer said trust fund as herein provided and make report to the circuit court annually showing in detail the manner in which said trust fund or funds have been managed.
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(RSMo 1939 § 15268)
Prior revision: 1929 § 14059
(1957) Sections 214.150 to 214.180 authorize but do not compel county courts to act as trustees and custodians of trust funds for maintenance of cemeteries and such courts are required to administer such funds only when so designated by the trustor. Powers v. Johnson (A.), 306 S.W.2d 616.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.170 - May designate responsible organization or individual to administer the income.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.170. May designate responsible organization or individual to administer the income. —
Any responsible organization or individual, who is directly interested in a particular cemetery, who is willing to undertake the administration of the income from all trusts and gifts to this particular cemetery shall be designated by the commission to administer the said income and shall make an annual report to the commission. Any time the organization or individual so appointed fails to maintain and beautify said cemetery in keeping with the income, the commission shall appoint some other organization or individual to administer the aforesaid income. Where there is no responsible organization or individual, that is willing to undertake the administration of the said income from the trusts or gifts to any particular cemetery, the commission shall administer same, or appoint some organization or individual, who is responsible to administer the same, making the said annual report to the commission. The commission shall retain five percent of the incomes from all trusts and gifts to create a fund to reimburse any trust or gift which has a loss. The commission shall have authority to increase or decrease the said five percent as may be necessary to keep all trusts and gifts intact.
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(RSMo 1939 § 15270)
Prior revision: 1929 § 14061
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.180 - Shall keep record of receipts and disbursements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.180. Shall keep record of receipts and disbursements. —
The clerk of the commission shall keep in a separate record book all receipts and disbursements of each and every trust fund or funds and a detailed account of the management of the same.
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(RSMo 1939 § 15271)
Prior revision: 1929 § 14062
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.190 - Cemetery not subject to execution, dower or partition — exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.190. Cemetery not subject to execution, dower or partition — exception. —
Lands or property, set apart as burial grounds, either for public or private use, and so recorded in the recorder's office of the county where such lands are situated, or any burial ground that may have been used as such for ten years shall not be subject to sale on execution, to dower, nor to compulsory partition; provided, that the lands so appropriated and set apart as a private burial ground shall not exceed one acre in area or one hundred dollars in value; and provided further, that nothing contained in this section shall be so construed as to exempt any such burial ground or cemetery property from being liable for special assessments for street improvements, when such assessment is levied by an incorporated city in this state.
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(RSMo 1939 § 15266)
Prior revisions: 1929 § 14057; 1919 § 1086; 1909 § 1308
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.200 - Title, how obtained to lands used for burial purposes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.200. Title, how obtained to lands used for burial purposes. —
When lands shall have been continuously used as a public or private burial ground for a period of ten years or more and such land has not been deeded to the public for the purpose of a burial ground, a title may be obtained to such lands in the way and manner as is provided for the enlargement of burial grounds in section 214.080.
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(RSMo 1939 § 15276)
Prior revisions: 1929 § 14067; 1919 § 1089; 1909 § 1311
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.209 - Abandonment of burial site, rights revert to cemetery.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 2001
214.209. Abandonment of burial site, rights revert to cemetery. —
1. After a period of seventy-five years since the last recorded activity on a burial site and after a reasonable search for heirs and beneficiaries, the burial site shall be abandoned and the right of ownership in the burial site shall revert to the private or public cemetery, after the cemetery has met the requirements of this section.
2. A reasonable search for heirs and beneficiaries pursuant to this section shall include sending a letter of notice to the last known address of the record property owner; and publishing a copy of the description of the abandoned burial site in a newspaper qualified to publish public notices as provided in chapter 493, published in the county of the record property owner's last known address, for three weeks; and if no person proves ownership of the burial site within one year after such publication, the burial site shall be deemed abandoned.
3. If persons with a legitimate claim to the abandoned burial site present themselves after the abandoned burial site has been used or sold by the private or public cemetery, the person's claim shall be settled by providing an equal burial site in an equivalent location to the burial site that reverted to the private or public cemetery.
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(L. 2001 H.B. 567)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.210 - Certain cities may accept or acquire cemetery lands.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.210. Certain cities may accept or acquire cemetery lands. —
Any city in this state now or hereafter containing a population of three hundred thousand or more, and less than six hundred thousand inhabitants according to the now or then last preceding United States census may, for the purpose of sections 214.210 to 214.230 by ordinance accept or take over by gift or donation any land within said city used for cemetery purposes, with or without adjoining or connected land, of any cemetery corporation or of any unincorporated cemetery association; or may likewise acquire, accept and take over by gift or donation a majority of the shares of the members of any said cemetery corporation or association holding, or having lands so used, sufficient and in manner to give such city a majority control of such corporation or association and, through it, control of management of its such lands; or under its power of eminent domain, to be exercised in the method and manner of procedure as provided by statutes or by the charter of the city for acquiring land for park purposes, any such city may acquire any such lands, in whole or in part, for the purposes expressed in sections 214.210 to 214.230.
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(RSMo 1939 § 15282)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.220 - Lands or shares subject to all vested rights.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.220. Lands or shares subject to all vested rights. —
Any such acquisition of lands or shares shall be subject to all vested rights of individual owners of the lots or allotted burial spaces in any such cemetery to continue lawful use thereof for burial purposes and to have the graves, burial vaults, gravestones and markers and monuments therein remain inviolate, subject to the right and power of the city to preserve, care for and reasonably keep the same without disturbing the remains of the dead therein interred; provided, that when and after the continuing or making of new or additional interments in any such cemetery may become detrimental or a menace to the health and safety of the inhabitants of said city residing or carrying on business or industry at places adjoining or near to such cemetery, the city may, by ordinance, declare further interments in any such cemetery to be a public nuisance and prohibit further interments therein; provided further, that upon and after any such acquisition no further or additional grants, sales or gifts of lots or burial spaces or burial rights or privileges in any such cemetery or adjoining or connected lands of such cemetery corporation or association shall be made; and new or additional burials therein shall neither be promoted or encouraged.
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(RSMo 1939 § 15283)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.230 - City may acquire money or funds, how.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1939
214.230. City may acquire money or funds, how. —
Every such city, so acquiring any such cemetery lands or shares and control of such cemetery corporation or association, may likewise at the same time, or at any other time, accept and acquire by gift or donation money or funds, the income thereof, and so much of the principal as the donor may by express terms of the gift provide or permit shall be expended for the preservation, care, upkeep and adornment of such lands. Such moneys and funds for income purposes shall be invested from time to time in interest-bearing bonds of the same classes or kinds, and by the same city officials, as such city's bond sinking funds are or may be directed by law to be invested; and the principal sums thereof, except as permitted by the donor as aforesaid, shall be preserved and kept for income purposes. If such income revenue should prove insufficient to provide for the reasonable care and upkeep of the land which, or the control of which, may be so acquired, the city shall have power to provide therefor from its general revenue.
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(RSMo 1939 § 15284)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.240 - City may provide and enforce rules and regulations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.240. City may provide and enforce rules and regulations. —
Such cemetery lands and premises so acquired or the majority control of which may be acquired, shall by the city be kept and used for park purposes as a park for rest and contemplation and as may be reasonably consistent with reverent respect for the last resting places of the dead. The city may by ordinance provide and enforce rules, regulations and reasonable restrictions upon the uses thereof for such park purposes.
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(RSMo 1939 § 15285)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.250 - Proceedings to establish cemetery in first class counties — petition by taxpayers.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 1983
214.250. Proceedings to establish cemetery in first class counties — petition by taxpayers. —
Before any new burial ground, cemetery or graveyard can be opened up, established, started or operated in any town, village, city, county, township, school district or any other political subdivision of the state, in any county of class one, it shall be necessary first to obtain a written petition, addressed to the county commission of the county having jurisdiction thereof, signed by a majority of the assessed taxpaying citizens and conservators of minors owning property in the township in which it is proposed to locate such burial ground, cemetery or graveyard, giving their consent to the opening up of a burial ground, cemetery or graveyard, which petition shall be filed in the office of the clerk of the county commission, not less than ten days before the first day of the term of the commission to which it is to be presented, and remain on file for public inspection, and the petition by the clerk shall be laid before the commission at the first term thereafter and in order to secure a permit it must appear affirmatively that a majority of the taxpaying citizens and conservators of minors owning property in such township in which it is proposed to locate the burial grounds, cemetery or graveyard, have signed the petition, then and in that event only shall the county commission issue its permission to the person or persons, association or corporation desiring to establish a burial ground, cemetery or graveyard; provided, no minor shall be counted on such petition and that no person or persons to whom any real estate has been deeded, transferred, conveyed or donated for the purpose of making him, or her or them, eligible for signing such petition shall be counted for or against such petition; without first securing permission from the county commission, it shall be unlawful to open up, establish, start or operate a new burial ground, cemetery or graveyard; provided further, that the provisions of this section shall be of no force and effect as to lots, tracts or parcels of land which have been or may be made available for use as a cemetery or graveyard by any zoning order.
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(RSMo 1939 § 15280, A.L. 1945 p. 622, A.L. 1983 S.B. 44 & 45)
Prior revision: 1929 § 14071
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.260 - Penalty for violation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
Effective - 28 Aug 1939
214.260. Penalty for violation. —
Any person, persons, association or corporation who shall violate the provisions of section 214.250 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or more than five hundred dollars and each day said burial ground, cemetery or graveyard shall remain open in violation of section 214.250, shall constitute a distinct and separate offense, and upon conviction shall be subject to a separate fine for each day he, she or they continue to operate and maintain said burial ground, cemetery or graveyard.
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(RSMo 1939 § 15281)
Prior revision: 1929 § 14072
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.277 - Injunctions, restraining orders, other court remedies available — venue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.277. Injunctions, restraining orders, other court remedies available — venue. —
1. Upon application by the division, and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:
(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any resident of this state or client or patient of the licensee.
2. Any action brought pursuant to this section shall be in addition to and not in lieu of any penalty provided by this chapter and may be brought concurrently with other actions to enforce this chapter.
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(L. 1999 H.B. 343, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.280 - Election to operate as endowed care cemetery filing with division of registration, form — fee — deposit of fee — division's powers and duties — rules authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2009
214.280. Election to operate as endowed care cemetery filing with division of registration, form — fee — deposit of fee — division's powers and duties — rules authorized. —
1. Operators of all existing cemeteries shall, prior to August twenty-eighth following August 28, 1994, elect to operate each cemetery as an endowed care cemetery as defined in subdivision (16) of section 214.270 and shall register such intention with the division and remit the required registration fee or, failing such election, shall operate each cemetery for which such election is not made as a nonendowed cemetery without regard to registration fees or penalties. Operators of all cemeteries hereafter established shall, within ninety days from the establishment thereof, elect to operate each cemetery as an endowed care cemetery, or as a nonendowed cemetery. Such election for newly established cemeteries shall be filed with the division, on a form provided by the division. Any such election made subsequent to August 28, 1994, shall be accompanied by a filing fee set by the division, and such fee shall be deposited in the endowed care cemetery audit fund as defined in section 193.265. The fee authorized in this subsection shall not be required from an existing nonendowed cemetery.
2. The division may adopt rules establishing the conditions and procedures governing the circumstances where an endowed care cemetery elects to operate as a nonendowed care cemetery. In the event an endowed care cemetery elects to operate as a nonendowed care cemetery, the division shall make every effort to require such cemetery to meet all contractual obligations for the delivery of services entered into prior to it reverting to the status of a nonendowed cemetery.
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(L. 1961 p. 538 § 4, A.L. 1994 S.B. 496 § 214.280 subsecs. 1, 2, A.L. 2009 S.B. 296)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.282 - Voidability of contracts, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.282. Voidability of contracts, exceptions. —
1. Each contract sold by a cemetery operator for cemetery services or for grave lots, grave spaces, markers, monuments, memorials, tombstones, crypts, niches, mausoleums, or other receptacles shall be voidable by the purchaser and deemed unenforceable unless:
(1) It is in writing;
(2) It is executed by a cemetery operator who is in compliance with the licensing provisions of this chapter;
(3) It identifies the contract purchaser and identifies the cemetery services or other items to be provided;
(4) It identifies the name and address of any trustee or escrow agent that will receive payments made pursuant to the contract under the provisions of section
*
214.320, 214.330, or 214.387, if applicable;
(5) It contains the name and address of the cemetery operator; and
(6) It identifies any grounds for cancellation by the purchaser or by the cemetery operator on default of payment.
2. If a cemetery prearranged contract does not substantially comply with the provisions of this section, all payments made under such contract shall be recoverable by the purchaser, or the purchaser's legal representative, from the contract seller or other payee thereof, together with interest at the rate of ten percent per annum and all reasonable costs of collection, including attorneys' fees.
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(L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
*Word "sections" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.283 - Notification of burial lands — registry of cemeteries to be kept by division — fee may be charged for copies — surveyor locating unregistered cemetery to file with division, form.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.283. Notification of burial lands — registry of cemeteries to be kept by division — fee may be charged for copies — surveyor locating unregistered cemetery to file with division, form. —
1. Any person, entity, association, city, town, village, county or political subdivision that purchases, receives or holds any real estate used for the burial of dead human bodies, excluding a family burial ground, shall notify the office of the endowed care cemeteries of the name, location and address of such real estate on a form approved by the office, before October 1, 2010, or within thirty days of purchasing, receiving or holding such land or of being notified by the office of the requirements of this provision. No fee shall be charged for such notification nor shall any penalty be assessed for failure to register. This section shall not be deemed to exempt any operator of an endowed care cemetery or nonendowed care cemetery from being duly licensed as required by this chapter.
2. The division shall establish and maintain a registry of cemeteries and the registry shall be available to the public for review at the division office or copied upon request. The division may charge a fee for copies of the register.
(1) If, in the course of a land survey of property located in this state, a surveyor licensed pursuant to chapter 327 locates any cemetery which has not been previously registered, the surveyor shall file a statement with the division regarding the location of the cemetery. The statement shall be filed on a form as defined by division rule. No fee shall be charged to the surveyor for such filing.
(2) Any person, family, group, association, society or county surveyor may submit to the division, on forms provided by the division, the names and locations of any cemetery located in this state for inclusion in the registry. No fee shall be charged for such submissions.
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(L. 1961 p. 538 § 4, A.L. 1994 S.B. 496 § 214.280 subsec. 3, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.300 - Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.300. Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established. —
Any cemetery operator may, after October 13, 1961, qualify to operate a cemetery which has been operated as a nonendowed cemetery for a minimum of two years, as an endowed care cemetery by:
(1) So electing in compliance with section 214.280;
(2) Establishing an endowed care trust fund in cash of one thousand dollars for each acre in said cemetery with a minimum of five thousand dollars and a maximum of twenty-five thousand dollars;
(3) Filing the report required by section 214.340.
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(L. 1961 p. 538 § 12, 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)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.325 - Required deposits — deficiency — effect — penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010
214.325. Required deposits — deficiency — effect — penalty. —
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 section 214.320, 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.
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(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)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(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)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.340 - Report required — content — oath — filing required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010, 2 histories
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.
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(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)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(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)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.360 - Private use of trust funds prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(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)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(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)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(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)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2010, 2 histories
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.
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(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)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(L. 1961 p. 538 § 10)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.380 - Nonendowed section of endowed care cemetery — signs and notice.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(L. 1961 p. 538 § 11)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(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)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.390 - Existing cemeteries to operate under law — local law applicable.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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.
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(L. 1961 p. 538 § 3, A.L. 1990 H.B. 1079)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• Effective - 28 Aug 2021, 3 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.
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(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)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 214 - Cemeteries › Section 214.400 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 214
• 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".
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(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)