reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-208 - Disposition of trust funds

(a)
The pre-need cemetery merchandise and services trust funds, including the income from the trust funds, after payment of any appropriate trustee fees, commissions and costs, shall remain intact until the cemetery merchandise is delivered or the services performed as specified in the sales contract. However, a seller may, upon proper certification to the trustee, withdraw specific funds previously deposited if no deposit was required by §
46-1-207
. Upon complete performance of the services or delivery of the cemetery merchandise specified in the sales contract, the seller shall certify the performance of the services or the delivery of the cemetery merchandise to the trustee by affidavit. Upon the receipt of the certification, the amount of specific funds in the trust account identified to the delivered cemetery merchandise or the performed services, including any income or interest earned from the specific funds and not paid pursuant to subsection (b), shall be paid to the seller. The trustee may rely upon all proper certifications required to be made pursuant to this subsection (a), and shall not be liable to anyone for such reliance.
(b)
Notwithstanding subsection (a), the trustee shall pay the seller, at the seller's option, the net income accumulated as of the end of any fiscal year; provided, that the trust assets after disbursement of income shall not have a market value of less than one hundred twenty percent (120%) of the aggregate procurement costs of all cemetery merchandise and services for which deposits are held in trust, subject to proration allowed under §
46-1-207
. The seller shall exercise its option by delivering to the trustee a notarized certification of the procurement costs as of the first day of the seller's current fiscal year.
(c)
Any specified funds held on behalf of a purchaser that have been dormant for a period of seventy-five (75) years since the time of deposit or last withdrawal against those moneys, may be considered to be closed accounts against which no further demand will be made by the purchaser, and the principal amount may be paid by the trustee to the seller's improvement care trust.
Amended by 2016 Tenn. Acts, ch. 911,s 16, eff. 4/27/2016.
Acts 1979, ch. 307, § 4(C); T.C.A., §
46-2-204
; Acts 1986, ch. 693, § 22; T.C.A. §
46-2-404
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-209 - Satisfaction of contract - Cancellation of contract - Substitution of cemetery merchandise or services

(a)
If for any reason a cemetery company that has entered into a contract for the sale of cemetery merchandise or services and has made the deposit into the trust funds as required in this part, cannot or does not provide the cemetery merchandise or perform the services called for by the contract within a reasonable time upon request, the purchaser, or the purchaser's heirs or assigns, or duly authorized representatives, shall have the right to provide the cemetery merchandise or services; and, having done so, shall be entitled to receive the deposit to the credit of that particular contract. Written instructions to the trustee by the cemetery company directing the trustee to refund the amount of money on deposit, or an affidavit by either the purchaser, or one (1) of the purchaser's heirs or assigns, or duly authorized representative, stating that the cemetery merchandise or services were not provided, shall be sufficient authority for the trustee to make refund of the funds on deposit to the person submitting the affidavit. However, nothing in this subsection (a) shall relieve the cemetery company from any liability for nonperformance of the contract.
(b)
If the purchaser is in default on making payments under the sales contract for a period of ninety (90) consecutive days, the cemetery company shall have the right to cancel the contract and to withdraw from the trust fund the entire balance to the credit of the defaulting purchaser's account as liquidated damages. In that event, the trustee shall deliver the balance to the cemetery company upon its certification of the default by the purchaser; and upon receiving the certification, the trustee may rely on the certification and shall not be liable to anyone for such reliance.
(c)
In the event the purchaser, or the purchaser's heirs or assigns, or authorized representatives, desire to substitute cemetery merchandise or services different from that which is specified in the sales contract because of changed conditions or practices in burial customs, the cemetery company shall give credit to the extent of all moneys already paid toward the payment of the substituted cemetery merchandise or services; provided, that the original sales contract has not been completed.
Amended by 2016 Tenn. Acts, ch. 911,s 16, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 288,s 7, eff. 1/1/2016.
Acts 1979, ch. 307, § 4(E); T.C.A., § 46-2-206; T.C.A., §
46-2-406
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-210 - Waiver invalid

Any provision of any contract for the sale of cemetery merchandise or the performance of services that purports to waive any of this part shall be null and void.
Amended by 2016 Tenn. Acts, ch. 911,s 16, eff. 4/27/2016.
Acts 1979, ch. 307, § 4(G); T.C.A., § 46-2-208; T.C.A., §
46-2-408
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-211 - Part applicable to mausoleums, crypts and columbariums

This part also applies to all corporations, persons, or businesses, except those corporations, persons or businesses owning and operating a cemetery that maintains an improvement care trust fund, and in which the mausoleum is to be, is being, or has been constructed, engaged in the construction and/or sale of mausoleums, crypts, columbariums or other structures constructed for public use, space in which is offered to the public by sale, and constructed wholly or partially above the surface of the ground or partly covered with earth or sod, for the purpose of permanently containing the dead or cremated remains of human bodies.
Acts 1963, ch. 202, § 1; 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-120; T.C.A., §§ 46-220, 46-2-120; T.C.A., §
46-2-303
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-212 - Sale of unconstructed or unfinished mausoleums, crypts and columbariums

Any corporation, person, or business, except those corporations, persons or businesses owning and operating a cemetery that maintains an improvement care trust fund, and in which the mausoleum is to be, is being, or has been constructed, engaged in the public sale of burial space in a mausoleum, crypt or columbarium that is not completely constructed at the time of a sale, shall withhold the first seventy-five percent (75%) of the proceeds of the sale, to be placed in trust or invested under this part, until such time as the mausoleum, crypt, or columbarium, space in which was sold, is completed. After completion, the improvement care trust fund provided in §
46-1-204
shall apply to the completed structure.
Acts 1963, ch. 202, § 1; 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-121; T.C.A., §§ 46-221, 46-2-121; T.C.A. §
46-2-304
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-213 - Construction of crypts

A cemetery company shall commence construction or development of any undeveloped ground or building in which lawn or mausoleum crypts are to be constructed and in which sales, contracts for sale, or agreements for sales, are being made, within thirty-six (36) months after the date of the first sale. The construction or development of the undeveloped ground or building shall be completed within five (5) years after the date of the first sale. Failure to complete construction, as represented at the time of the first sale, shall entitle any purchaser, on demand, to recover all sums paid on the purchase price, plus interest at the rate of six percent (6%) per annum.
Acts 1979, ch. 307, § 4(D); T.C.A., §
46-2-205
; T.C.A., §
46-2-405
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-216 - Verification of reports - Public records

The annual reports required to be filed in this part shall be duly verified under oath by the owner of the cemetery company and the annual reports by the trustee of the trust fund. Upon filing, the reports shall become public records.
Acts 1927, ch. 75, § 3; mod. Code 1932, § 3925; Acts 1961, ch. 44, § 3; 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-107; T.C.A., §§ 46-207, 46-2-107; Acts 1995, ch. 485, § 2; 1997, ch. 374, § 2; T.C.A., §
46-2-203
; Acts 2006, ch. 1012, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 2 - FINANCIAL MANAGEMENT (§§ 46-1-201 — 46-1-218) › Section 46-1-217 - Agreement with owners of real property to conduct improvement care to graves located on property

Interested persons, as that term is defined in §
46-4-102
, may enter into an agreement with the owners of real property that is not designated as a cemetery, but does have human remains with marked and identifiable graves, to conduct improvement care, as that term is defined in §
46-1-102
, to the graves located on the real property. This section shall not be construed to require real property owners to provide the improvement care.
Acts 2006, ch. 1012, § 9.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-301 - Powers and duties of commissioner

(a)
The commissioner is responsible for administering and enforcing this chapter.
(b)
The commissioner may promulgate rules and regulations that are reasonably necessary to effectuate the purposes of this chapter. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter, or of any rule and regulation promulgated for the administration or enforcement of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond is required for the prosecution of the suit or for the issuance of an injunction.
Acts 1992, ch. 922, § 1; 1994, ch. 875, § 1; 2003, ch. 81, § 6; T.C.A. §
46-1-108
; Acts 2006, ch. 1012, § 4; 2012, ch. 560, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-302 - Penalty for failure to file report

(a)
Any owner or officer of a cemetery company or officer of the trustee of the respective improvement care fund who willfully fails to make the required report, or to file the report of the trustee, required in this chapter, commits a Class A misdemeanor.
(b)
Upon failure to receive an annual report from any cemetery company when due, the commissioner shall be notified, and shall immediately notify the cemetery company, by registered letter sent to the address found on the cemetery company's registration form, that the annual report has not been received. Failure of the cemetery company to file the annual report within fifteen (15) days after the registered letter is mailed shall constitute prima facie evidence of willful failure to file, and the commissioner has the discretion to order a conditional suspension of the certificate of registration and institute proceedings as set forth in §§
46-1-311
and
46-1-312
.
Acts 1927, ch. 75, § 5; Code 1932, § 3927; Acts 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-108; Acts 1976, ch. 773, § 6; T.C.A., §§ 46-208, 46-2-108; Acts 1989, ch. 591, §§ 1, 113; 1995, ch. 485, §§ 3, 4; 1997 , ch. 374, § 2; T.C.A. §
46-2-204
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-304 - Standard of cemetery care - Enforcement - Penalty for failure to maintain improvement care fund

(a)
As to matters within its reasonable control, a cemetery company shall maintain its cemeteries so as to reflect respect for the memory of the dead in keeping with the reasonable sensibilities of survivors of those whose remains are interred in the cemeteries.
(b)
(1)
The district attorney general in whose district a cemetery is situated may bring an action in chancery court to remedy any violation of this section on the petition of five percent (5%) of, or ten (10), lot owners and next of kin of lot owners, whichever is fewer; provided, that only one (1) survivor shall be qualified as a petitioner on account of kinship with one (1) deceased person.
(2)
Upon finding that the cemetery is not being consistently maintained as provided in this section, the court shall appoint one (1) or more of the petitioners to perform the maintenance that the court finds to have been neglected and assess the costs of the maintenance to the cemetery company.
(3)
After compliance with this section has been achieved, the court shall discharge the appointed petitioner or petitioners; provided, that the cemetery company agrees to provide an appropriate level of maintenance henceforth.
(4)
If the trustee of the improvement care trust fund for the benefit of the cemetery has been made a defendant in the action, the court may order the trustee to disburse the net income from the trust to the court or the appointed petitioner or petitioners, and allocate the income to the cost of the maintenance approved by the court.
(c)
The officers and directors of a cemetery company commit a Class E felony if they fail to set up and maintain the improvement care trust fund provided in §
46-1-204
. They may all be jointly indicted in the same indictment. In addition, they shall be jointly liable at the suit of a lot owner, or descendant or next of kin of a lot owner, for the difference between the amount of the improvement care trust fund as set up by the company and what it should be if set up under the terms of §
46-1-204
, plus interest from the date the fund should have been set up. Any recovery under this section or §
46-1-205
shall be for the use of the company and shall be paid into the improvement care trust fund, so as to bring it up to the required amount.
Acts 1927, ch. 75, § 7; mod. Code 1932, § 3929; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-112; T.C.A., §§ 46-212, 46-2-112; Acts 1986, ch. 693, § 18; 1989, ch. 591, § 113; 2002, ch. 659, § 1; T.C.A. §
46-2-306
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-305 - Attorney's fees

In addition to the liabilities declared in §
46-1-304
, the suitor who brings suit and recovers from a stockholder, director or officer of a company shall also recover reasonable attorney's fees, the amount of which shall be fixed and adjudged by the court before whom the case is tried.
Acts 1927, ch. 75, § 8; mod. Code 1932, § 3930; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-113; T.C.A., §§ 46-213, 46-2-113; T.C.A., §
46-2-307
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-307 - Violations - Penalties - Enforcement

(a)
Any cemetery company or seller who, having received any moneys under or in connection with a pre-need sales contract for cemetery merchandise and services, fails to deposit or keep on deposit the moneys as required in this chapter, or who fails to substantially perform the contract described in this chapter, commits a Class E felony.
(b)
In addition to other remedies, the commissioner may, upon determining that any deficiency exists in any trust account required under this chapter, order the liquidation of the deficiency upon the terms and conditions that the commissioner determines to be appropriate. If the deficiency has not been liquidated as ordered, the commissioner may bring an action in chancery court to recover the amount of the trust deficiency. Upon finding that a deficiency exists, the court may appoint a receiver to operate the cemetery or, if necessary, order the seizure and sale of the assets of the cemetery company, to the end that the trust be made whole. The court may also award reasonable attorney's fees for the attorney representing the commissioner in an action brought under this section; provided, that the commissioner may not impose any penalty or bring any action against any person, firm or corporation that purchased a cemetery prior to July 1, 1986, with respect to a deficiency in any trust account required under this chapter related to transactions that occurred prior to July 1, 1986.
Amended by 2016 Tenn. Acts, ch. 911,s 16, eff. 4/27/2016.
Acts 1979, ch. 307, § 4(F); T.C.A., § 46-2-207; Acts 1986, ch. 693, § 23; 1989, ch. 591, § 113; T.C.A., §
46-2-407
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-308 - Fraud as to pre-need sales contract

In civil actions in which the prevailing party proves fraud relative to a pre-need sales contract for cemetery merchandise and services under this chapter, the prevailing party shall receive treble damages, together with attorney's fees, costs, and interest.
Acts 1997, ch. 400, § 3; T.C.A. §
46-2-411
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-309 - Revocation of charter or certificate of authority

Failure to comply with §
46-1-204
or §
46-1-215
shall constitute grounds for the state to revoke the charter or certificate of authority of a corporate cemetery company. The revocation proceeding may be filed in the chancery court of the county where the cemetery is located, and may be brought on relation of the state or district attorney general. The court hearing the proceeding may order the seizure and sale of the cemetery company's assets to the extent necessary to set up the improvement care trust fund as required. If the court revokes the charter or certificate of authority, it may order the sale of the whole company property after the improvement care trust fund has been set up, so that the purchaser of the cemetery may continue to operate and maintain it under the terms of this chapter. The court may also award reasonable attorney's fees for the attorney representing the state in a proceeding brought under this section.
Acts 1927, ch. 75, § 9; Code 1932, § 3931; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-114; T.C.A., §§ 46-214, 46-2-114; modified; Acts 1986, ch. 693, § 19; T.C.A. §
46-2-308
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-310 - Action by state for recovery of illegally paid dividends

(a)
The state is authorized to recover from stockholders, for the use of the company, dividends illegally paid under §
46-1-205
.
(b)
The state is also authorized to recover from the officers and directors of the company and the cemetery operators, at any time, for the use of the company, an amount sufficient to bring the improvement care trust fund up to the amount required, together with reasonable attorney's fees for the attorney handling the suit, to be fixed and adjudged by the court trying the case.
Acts 1927, ch. 75, § 10; Code 1932, § 3932; Acts 1968, ch. 557, §§ 2, 4; T.C.A. (orig. ed.), § 46-115; T.C.A., §§ 46-215, 46-2-115; T.C.A. §
46-2-309
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-311 - Deficiency in improvement care fund - Failure to file reports - Effect - Orders

(a)
The commissioner may, upon determining that a deficiency exists in the improvement care fund or that a cemetery company has willfully failed to file annual reports, as provided in §
46-1-302
, of any cemetery or separate geographical site of a cemetery as required by this chapter, order the correction of the deficiency or failure to file, upon the terms and conditions that the commissioner determines to be appropriate.
(b)
While the owner or operator of the cemetery or separate geographical location is in compliance with the terms and conditions of the order, the provisions of §
46-1-205
relative to the payment of dividends, salaries or compensation shall be suspended.
(c)
(1)
Upon failure of the owner or operator of the cemetery or separate geographical site of a cemetery to correct the deficiency or failure to file as ordered, the commissioner may issue a conditional suspension of the certificate of registration required by §
46-1-103
.
(2)
The conditional suspension shall be accompanied by an order to correct the deficiency within a stated time, not less than thirty (30) days after issuance of the order.
(3)
A conditional suspension of the registration certificate shall not have the effect of interrupting the operation of the cemetery company. It is the purpose of this chapter to provide for an orderly transition from operation by the owner to operation by a receiver, in cases where trust fund deficiencies cannot otherwise be corrected.
(4)
If the deficiency is corrected within the time limit stated, further action on the suspension or receivership shall be terminated; provided, that the termination of a suspension shall not be construed to prohibit further actions toward suspension or receivership if a deficiency is determined to exist at a later time.
(d)
The commissioner is authorized, upon determining that a substantial deficiency exists in the improvement care fund, to order the cemetery company to correct the deficiency and also to pay to the improvement care fund an amount equal to ten percent (10%) of the deficiency.
Acts 1976, ch. 773, § 9; T.C.A., §§ 46-222, 46-2-122; Acts 1995, ch. 485, § 7; T.C.A, §
46-2-311
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 1 - REGULATION OF CEMETERIES (§§ 46-1-101 — 46-1-313) › Part 3 - RECORDS AND REPORT, VIOLATIONS, AND CRIMINAL AND CIVIL PENALTIES (§§ 46-1-301 — 46-1-313) › Section 46-1-313 - Trespass on or injury to cemetery property - Interference with processions or religious exercises - Penalty

(a)
No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the cemetery, or injure any tree, plant or shrub, or hunt or shoot, play at any game or amusement, or loiter for lascivious or lewd purposes in the cemetery, or interfere, by words or actions, with any funeral procession or any religious exercises.
(b)
(1)
A violation of this section is a Class E felony.
(2)
Following conviction of a person for violating subsection (a), evidence of damages sustained as a result of the violation shall be presented to the jury, which shall ascertain the total amount of the damages. The court shall then render judgment in that amount against the offender in favor of the cemetery and/or the other aggrieved parties and shall order the offender to make full restitution for the damages. Execution of the judgment shall issue as in other civil cases. The order of restitution shall be in addition to other sanctions imposed pursuant to subdivision (b)(1).
Acts 1875, ch. 142, § 9; Shan., § 2182; Code 1932, § 3920; Acts 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-118; Acts 1976, ch. 708, § 2; T.C.A., §§ 46-218, 46-2-118; Acts 1989, ch. 591, § 40; 1995, ch. 134, § 1; T.C.A. §
46-2-105
; Acts 2006, ch. 1012, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 2 - CEMETERY COMPANIES (§§ 46-2-101 — 46-2-107) › Part 1 - GENERAL PROVISIONS (§§ 46-2-101 — 46-2-107) › Section 46-2-102 - Action of trespass for damage

All offenders shall be liable in an action of trespass in the name of the managers or trustees, to pay all damages that have been occasioned by their unlawful acts, which money, when recovered, shall be applied by the managers or trustees to the reparation of the property injured or destroyed.
Acts 1873, ch. 94, § 6; Shan., § 3059; Code 1932, § 5379; T.C.A. (orig. ed.), § 46-308; T.C.A. §
46-3-108
; T.C.A. §
46-3-109
; Acts 2006, ch. 1012, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 2 - CEMETERY COMPANIES (§§ 46-2-101 — 46-2-107) › Part 1 - GENERAL PROVISIONS (§§ 46-2-101 — 46-2-107) › Section 46-2-103 - Escheat of lots to cemetery owner

In order to facilitate a more efficient and economical system for caring for and maintaining and improving cemeteries owned and operated by municipalities, corporations and associations within this state, it is provided that after March 21, 1955, all vacant cemetery lots and grave spaces owned by any person dying intestate without issue and leaving no known relatives entitled by the law of descent to the cemetery lots and grave spaces shall escheat to the municipalities, corporations, associations or other owners of a cemetery where vacant lots and grave spaces exist, owned by any person dying testate without devising the vacant cemetery lots or grave spaces, and leaving no lawful heirs, as the case may be, entitled by law to take the vacant cemetery lots or grave spaces, or where the devisees or heirs are incapable of taking the vacant cemetery lots or grave spaces and where there are no lawful heirs, as the case may be.
Acts 1955, ch. 279, § 1; T.C.A., § 46-309; T.C.A., §
46-3-109
; T.C.A., §
46-3-110
; Acts 2006, ch. 1012, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 2 - CEMETERY COMPANIES (§§ 46-2-101 — 46-2-107) › Part 1 - GENERAL PROVISIONS (§§ 46-2-101 — 46-2-107) › Section 46-2-104 - Suit for escheat - Notice - Parties

In all cases where municipalities, corporations, associations or other owners of cemeteries have a good right to believe any vacant cemetery lots or grave spaces have escheated to it, the municipalities, corporations, associations or other owners are empowered to bring suit for the escheated property and shall make defendants to its bill filed in the cause the personal representative of the deceased, if known, and all other persons who are in possession or in any manner or way claim any interest in or to the vacant cemetery lots or grave spaces. If the parties are residents of the state, they shall be served with process; if the parties are nonresidents of the state, they shall be made parties by publication, according to law. In addition to the defendants named pursuant to this section under the bill, there shall be publication made for thirty (30) days in a newspaper in the county in which the bill is filed, or if no newspaper is published in the county, then in the nearest newspaper so published, calling upon unknown heirs of the deceased person claiming under the deceased person, in any manner or way, whatever, to enter an appearance as defendants to the bill or suit, and all persons having an interest in the bill or suit may come into court and defend the bill or suit according to the rule of the court.
Acts 1955, ch. 279, § 2; T.C.A., § 46-310; T.C.A., §
46-3-110
; T.C.A., §
46-3-111
; Acts 2006, ch. 1012, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 2 - CEMETERY COMPANIES (§§ 46-2-101 — 46-2-107) › Part 1 - GENERAL PROVISIONS (§§ 46-2-101 — 46-2-107) › Section 46-2-105 - Hearing and decree of escheat

In determining the escheat of any vacant cemetery lots or grave spaces to any municipalities, corporations, associations or other owners of cemeteries, the court shall hear proof, and if satisfied that it would be best for the vacant cemetery lots or grave spaces to escheat, shall decree accordingly.
Acts 1955, ch. 279, § 3; T.C.A., § 46-311; T.C.A., §
46-3-111
; T.C.A., §
46-3-112
; Acts 2006, ch. 1012, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 2 - CEMETERY COMPANIES (§§ 46-2-101 — 46-2-107) › Part 1 - GENERAL PROVISIONS (§§ 46-2-101 — 46-2-107) › Section 46-2-106 - Contracts for the sale of commodities

(a)
(1)
A contract for the sale of a commodity shall be executed in duplicate and a signed copy given to the purchaser. The contract shall fully and conspicuously disclose in simple and readily understood language the terms and conditions of the contract.
(2)
The contract shall specifically state the purchase price of the commodity, the installation fee, and any charge for memorial care of the commodity made pursuant to §
46-1-204
.
(b)
This section does not apply to cemeteries described in §
46-1-105
; provided, that the cemeteries do not engage in the sale of memorials consisting of permanent monuments or gravemarkers of marble, granite, or bronze, bronze plaques, or bronze vases.
Acts 1980, ch. 780, § 11; T.C.A., §
46-3-112
; T.C.A., §
46-3-113
; Acts 2006, ch. 1012, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 2 - CEMETERY COMPANIES (§§ 46-2-101 — 46-2-107) › Part 1 - GENERAL PROVISIONS (§§ 46-2-101 — 46-2-107) › Section 46-2-107 - Funds to maintain cemeteries

(a)
Notwithstanding any law to the contrary, upon a majority vote of the legislative body of the local government, the local government may draw upon its general fund and may solicit, receive, and utilize funds from all other sources, public or nonpublic, for the purpose of rehabilitating or maintaining dilapidated or abandoned cemeteries, or portions of cemeteries, subject to the limitations imposed by subsection (b). The maintenance may include:
(1)
Clearing vegetation or debris as appropriate, planting and otherwise improving the premises, cutting the grass and raking and cleaning cemetery plots at reasonable intervals;
(2)
Repairing and preserving the drains, water lines, roads, fences, statues, fountains and other structures;
(3)
Securing, maintaining or reconstructing the necessary records of lot ownership and burials;
(4)
Resetting or straightening tipped gravemarkers, monuments or memorials; or
(5)
Replacing damaged gravemarkers, monuments or memorials.
(b)
This section shall not be construed to authorize any local government to utilize funds to maintain cemeteries or portions of cemeteries that are presently maintained adequately or that maintain a sufficient improvement care trust fund pursuant to this chapter and chapter 1 of this title.
(c)
As used in this section, "local government" means any county, municipality, city, or other political subdivision of this state.
Amended by 2016 Tenn. Acts, ch. 924,Secs.s2, s3 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 924,s 1, eff. 7/1/2016.
Acts 1980, ch. 814, § 1; T.C.A., §
46-3-114
; Acts 2006, ch. 1012, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 4 - TERMINATION OF USE OF LAND AS CEMETERY (§§ 46-4-101 — 46-4-104) › Section 46-4-101 - Grounds affected - Facts that justify termination of use

This chapter, which is enacted for the public welfare in the exercise of the police powers of the state of Tennessee, applies to any burial ground in this state, including any land owned or controlled by cemetery companies, that the court to which jurisdiction is given by this chapter finds, for any of the reasons stated in this chapter, is unsuitable for its use as such and as a resting place for the dead whose remains are buried in the burial ground, or the further use of which for those purposes the court finds, for any of such reasons, is inconsistent with due and proper reverence or respect for the memory of the dead or otherwise unsuitable for those purposes, the reasons being:
(1)
The burial ground is abandoned; or
(2)
The burial ground is in a neglected or abandoned condition; or
(3)
The existence of any conditions or activities about or near the burial ground that the court finds render the further use of the burial ground for the purposes mentioned in this section that are inconsistent with due and proper reverence or respect for the memory of the dead, or for any other reason unsuitable for those purposes.
Acts 1949, ch. 15, § 1; C. Supp. 1950, §§ 3936.1, 5379.1 (Williams, § 9720.1); modified; T.C.A. (orig. ed.), § 46-401.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 4 - TERMINATION OF USE OF LAND AS CEMETERY (§§ 46-4-101 — 46-4-104) › Section 46-4-102 - "Interested persons" defined

As used in this chapter, unless the context otherwise requires, "interested persons" means any and all persons who have any right or easement or other right in, or incident or appurtenant to, a burial ground as such, including the surviving spouse and children, or if no surviving spouse or children, the nearest relative or relatives by consanguinity of any one (1) or more deceased persons whose remains are buried in any burial ground.
Acts 1949, ch. 15, § 2; C. Supp. 1950, § 5379.2 (Williams, §9720.2); T.C.A. (orig. ed.), § 46-402.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 4 - TERMINATION OF USE OF LAND AS CEMETERY (§§ 46-4-101 — 46-4-104) › Section 46-4-104 - Granting of relief - Provisions for reinterment

Such removal and reinterment, and other relief described in §
46-4-103
, including partition or sale for partition if prayed for and if the court finds the conditions for partition exist as provided in §
46-4-103
, shall be granted, authorized, decreed and ordered by the court upon the court finding, upon the hearing of the cause upon the entire record, including the pleadings and proof, that any one (1) or more of the reasons specified in §
46-4-101
exist, and that, due to the same, the burial ground is unsuitable for use as a burial ground and as a resting place for the dead whose remains are buried therein, or that the further use thereof for those purposes is inconsistent with due and proper reverence or respect for the memory of the dead, or for any other reason unsuitable for those purposes; but the removal and reinterment and such other relief shall be granted, authorized, ordered and decreed only upon it being shown to the satisfaction of the court that definite arrangements have been made, or before the removal will be made, for reinterment of all of the remains in a place found by the court to be suitable for reinterment; that for that purpose there have been obtained, or before the removal there will be obtained, either the fee simple title to the place of reinterment or adequate permanent right and easement to use the place of reinterment for reinterment, and adequate permanent right and easement of access to the place of reinterment for visitation; that the removal and reinterment of all the remains will be done with due care and decency, and that suitable memorial or memorials will be erected at the place of reinterment.
Acts 1949, ch. 15, § 4; C. Supp. 1950, § 5379.4 (Williams, §9720.4); T.C.A. (orig. ed.), § 46-404.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-101 - Establishment

(a)
The department of veterans services shall provide for Tennessee veterans' cemeteries.
(b)
It is the legislative intent that the department, in consultation with the department of finance and administration and other appropriate state departments and agencies, shall, within existing state resources, identify any available state-owned real property and other available financial resources to establish a veterans' cemetery in each of the three (3) grand divisions.
(c)
The department of veterans services is authorized to establish additional veterans' cemeteries, as needed, by using state resources in accordance with the planning criteria of the United States department of veterans' affairs (USDVA) and the national cemetery administration (NCA) in order to receive federal grant funding to assist with establishment of additional veterans' cemeteries.
Amended by 2013 Tenn. Acts, ch. 73,Secs.s1, s2 eff. 4/2/2013.
Acts 1987, ch. 309, § 1.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-102 - Acceptance and use of funds

(a)
The department of veterans services is authorized to accept any private or public funds, including appropriations, to effectuate the purposes of this chapter.
(b)
The department is further authorized to use any funds or other assistance made available to the department to effectuate the purposes of this chapter.
(c)
Any person working for or representing the department shall not:
(1)
Solicit contributions, donations, or gifts from the public for the benefit of state veterans' cemeteries; or
(2)
Authorize the use of the person's name or the name of the department by an individual or organization engaged in any campaign raising money for state veterans' cemeteries.
(d)
Any offer of donation or gift to or for the benefit of state veterans' cemeteries shall be unconditional and made in writing in accordance with a procedure established by the department.
Amended by 2016 Tenn. Acts, ch. 715,s 1, eff. 4/6/2016.
Acts 1987, ch. 309, § 1.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-103 - Application for federal grant

In establishing Tennessee veterans' memorial cemeteries, it is the intention of the general assembly that the state shall apply for a grant from the United States administrator of veterans' affairs pursuant to Public Law 95-476, 92 Stat. 1504, and the department of veterans services is authorized to submit the application on behalf of the state.
Acts 1987, ch. 309, § 2.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-104 - Construction - Expenditure of funds

This chapter shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this chapter unless the funds are specifically appropriated by the general appropriations act or otherwise made available in accordance with §
46-6-101
.
Acts 1987, ch. 309, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-105 - Eligibility for interment

Eligibility for interment in a state veterans' cemetery shall be determined under
38 U.S.C. § 2402
.
Added by 2016 Tenn. Acts, ch. 715,s 2, eff. 4/6/2016.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-106 - Commissioner of veterans services - Promulgation of rules

The commissioner of veterans services is authorized to promulgate rules to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2016 Tenn. Acts, ch. 715,s 3, eff. 4/6/2016.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-107 - Fees

(a)
The department of veterans services shall not charge a fee for the interment of a veteran who is eligible for interment in a Tennessee veterans' cemetery under the department's guidelines.
(b)
The department may charge a fee not to exceed three hundred dollars ($300) for the interment of an eligible veteran's spouse; provided, that the department shall not charge a fee for the interment of the eligible veteran's most recent spouse.
Amended by 2019 Tenn. Acts, ch. 513,s 1, eff. 6/3/2019.
Amended by 2018 Tenn. Acts, ch. 1017,s 1, eff. 5/21/2018.
Added by 2016 Tenn. Acts, ch. 915,s 1, eff. 4/27/2016.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 6 - VETERANS' CEMETERIES (§§ 46-6-101 — 46-6-108) › Section 46-6-108 - Burial services for person who died in line of duty or while on active duty

(a)
This section is known and may be cited as the "Major Trevor Joseph Act."
(b)
(1)
The department of veterans services shall provide burial services for a person who died in the line of duty or while on active duty with the United States armed forces, the Tennessee national guard, or the Tennessee air national guard and is being interred in a state veterans' cemetery on a date requested by the family members of the person if the department is given notice of the burial at least seventy-two (72) hours in advance of the burial service.
(2)
No burial services may be provided pursuant to subdivision (b)(1) that are scheduled on legal holidays, as defined in §
15-1-101
.
(3)
Notwithstanding subdivisions (b)(1) and (2), the commissioner may authorize burial services to be provided on a weekday if a weekend burial cannot be held due to inclement weather, an emergency that directly affects the ability for persons to conduct a burial service, or other circumstances that would adversely affect the department's ability to provide burial services.
Added by 2021 Tenn. Acts, ch. 445, s 1, eff. 5/13/2021.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 7 - TRUSTS FOR PERPETUAL CARE OF PRIVATE CEMETERIES (§§ 46-7-101 — 46-7-105) › Section 46-7-101 - Legislative intent

(a)
The general assembly recognizes that the operation of a cemetery is a public purpose and further recognizes that the proper maintenance of a cemetery or burial grounds, whether private or public, is in the interest of the public health and safety serving a valid public purpose.
(b)
A trust created for the perpetual care or improvement of a cemetery or graves lessens the burden of government and, therefore, is found and declared to be a charitable trust. To that end, the general assembly declares its support for the establishment and formation of a trust corporation to act as trustee of a charitable trust for the perpetual care of private cemeteries.
Acts 1989, ch. 222, § 1.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 7 - TRUSTS FOR PERPETUAL CARE OF PRIVATE CEMETERIES (§§ 46-7-101 — 46-7-105) › Section 46-7-103 - Board of directors - Administration - Investments

(a)
The trust corporation shall have a board of directors as provided in the document that creates the trust to be administered by the corporation. The board shall also serve as trustee of the trust. The directors and their successors shall be appointed in the manner provided in the document.
(b)
The trust document shall also provide for the administration and maintenance of the trust funds and the manner in which funds are received and invested by the board acting as trustees for the trust, as well as the manner in which the real property may be conveyed to the trust for burial purposes to be irrevocably committed to the use for which it is conveyed. Unless the trust document otherwise provides, investments of the trust funds shall be essentially the same as those authorized for the investment of trust funds in accordance with title 35, chapter 3.
Acts 1989, ch. 222, § 3.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 7 - TRUSTS FOR PERPETUAL CARE OF PRIVATE CEMETERIES (§§ 46-7-101 — 46-7-105) › Section 46-7-104 - Purpose of trust - Expenditures for perpetual care

(a)
Any trust created for the perpetual care of a private cemetery to be administered by a trust corporation formed under this chapter shall be a charitable trust for the general welfare of the citizens of the state. The board of directors of the trust corporation shall establish guidelines for disbursement that are not inconsistent with this chapter or the trust document under which it operates as trustee for the trust.
(b)
The corpus and income from the investment of the trust for the perpetual care of a private cemetery shall be expended solely for the purpose of providing perpetual care in accordance with this chapter and the respective trust agreement, except that reasonable expenses for administration of the trust may be deducted from the income.
Acts 1989, ch. 222, § 4.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 7 - TRUSTS FOR PERPETUAL CARE OF PRIVATE CEMETERIES (§§ 46-7-101 — 46-7-105) › Section 46-7-105 - Contributions - Gifts of land

Any person, association, or corporation may make contributions to the trust corporation for the benefit of the trust pursuant to this chapter, and the trust corporation is authorized to accept funds and deposit the funds in the trust. In addition, the trust corporation is authorized to accept gifts of land for the benefit of the trust as provided in this chapter. Gifts of land shall be made in the name of the trust corporation with appropriate language of limitation.
Acts 1989, ch. 222, § 5.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 8 - FAMILY BURIAL GROUNDS PROTECTION (§§ 46-8-101 — 46-8-103) › Section 46-8-101 - Short title - Legislative intent

This chapter shall be known and may be cited as the "Family Burial Grounds Protection Act." This chapter is intended to provide notice to buyers of property with known burial grounds and gravesites. It does not remove any protection to those sites under existing law.
Acts 1996, ch. 921, § 1.
2023 Tennessee Code › Title 46 - CEMETERIES (§§ 46-1-101 — 46-8-103) › Chapter 8 - FAMILY BURIAL GROUNDS PROTECTION (§§ 46-8-101 — 46-8-103) › Section 46-8-102 - Definitions

As used in this part, unless the context otherwise requires:
(1)
"Crypt" has the same meaning as used in §
46-1-102
;
(2)
"Gravesite" means a space of ground used for lawful interment of a deceased person; and
(3)
"Human remains" or "remains" has the same meaning as used in §
46-1-102
.
Acts 1996, ch. 921, § 2.