523I.805 Initial deposit.
1. A cemetery owned or operated by a political subdivision of this state is not required to make a minimum initial deposit in a care fund. Any other cemetery commencing business in this state on or after July 1, 2005, shall not sell interment spaces unless the cemetery has a care fund of at least twenty-five thousand dollars in cash.
2. If an initial deposit is made by a cemetery to satisfy subsection 1, the initial twenty-five thousand dollar deposit may be withdrawn by the cemetery when the care fund balance reaches one hundred thousand dollars. An affidavit shall be filed with the commissioner providing prior notice of the intended withdrawal of the initial deposit and attesting that the money has not previously been withdrawn. Upon a showing by the cemetery that the initial deposit has not previously been withdrawn, the commissioner shall approve withdrawal of the money and the withdrawal shall take place within one year after the care fund balance reaches one hundred thousand dollars.
2005 Acts, ch 128, §60
Referred to in §523I.801
Structure Iowa Code
Chapter 523I - IOWA CEMETERY ACT
Section 523I.101 - Short title.
Section 523I.102 - Definitions.
Section 523I.103 - Applicability of chapter.
Section 523I.201 - Administration.
Section 523I.202 - Investigations and subpoenas.
Section 523I.203 - Cease and desist orders — injunctions.
Section 523I.204 - Court action for failure to cooperate.
Section 523I.205 - Prosecution for violations of law — civil penalties.
Section 523I.206 - Cooperation with other agencies.
Section 523I.207 - Rules, forms, and orders.
Section 523I.208 - Date of filing — interpretive opinions.
Section 523I.209 - Misleading filings.
Section 523I.210 - Misrepresentations of government approval.
Section 523I.211 - Fraudulent practices.
Section 523I.212 - Receiverships.
Section 523I.213 - Insurance division’s enforcement fund.
Section 523I.213A - Examinations — authority and scope.
Section 523I.214 - Violations of law — referrals to the Iowa department of public health.
Section 523I.301 - Disclosure requirements — prices and fees.
Section 523I.302 - Installation of outer burial containers.
Section 523I.303 - Access by funeral directors.
Section 523I.304 - Rulemaking and enforcement.
Section 523I.305 - Memorials and memorialization.
Section 523I.306 - Commission or bonus unlawful.
Section 523I.307 - Discrimination prohibited.
Section 523I.308 - Speculation prohibited.
Section 523I.309 - Interment, relocation, or disinterment of remains.
Section 523I.310 - Sale of interment rights.
Section 523I.311 - Records of interment rights and interment.
Section 523I.312 - Disclosure requirements — interment agreements.
Section 523I.313 - New cemeteries and gardens and cemetery registry.
Section 523I.314 - New construction.
Section 523I.314A - Standards for interment spaces.
Section 523I.315 - Unpaid care assessments and unoccupied interment spaces.
Section 523I.316 - Protection of cemeteries and burial sites.
Section 523I.317 - Duty to provide public access.
Section 523I.401 - Neglected cemeteries.
Section 523I.402 - Removal of remains.
Section 523I.501 - Cemetery authorized.
Section 523I.502 - Trust for cemetery.
Section 523I.503 - Authority to receive gifts and deposits for care — certificates.
Section 523I.504 - Appointment of successor trustee.
Section 523I.505 - County auditor as trustee.
Section 523I.506 - Commingling of care funds by governmental subdivisions.
Section 523I.507 - Investment of care funds by governmental subdivisions.
Section 523I.508 - Management by governmental subdivisions.
Section 523I.601 - Settlement of estates — maintenance fund.
Section 523I.602 - Management by trustee.
Section 523I.603 - Owners of interment rights.
Section 523I.604 - Lien against cemetery property.
Section 523I.605 - Private care of graves.
Section 523I.701 - Requirements for lawn crypts.
Section 523I.702 - Request to install lawn crypts in fewer than ten units.
Section 523I.801 - Applicability and conversion by nonperpetual care cemeteries.
Section 523I.802 - Advertising.
Section 523I.803 - Perpetual care registry.
Section 523I.804 - Use of gift for special care.
Section 523I.805 - Initial deposit.
Section 523I.806 - Irrevocable trust.
Section 523I.807 - Care fund deposits.
Section 523I.808 - Annual report — examination fee.
Section 523I.809 - Trust agreement provisions.
Section 523I.810 - Care funds.
Section 523I.811 - Use of distributions from care fund.
Section 523I.811A - Emergency use of care funds.
Section 523I.812 - Suit by commissioner.
Section 523I.813 - Annual report by perpetual care cemeteries.