Missouri Revised Statutes
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.

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)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 214 - Cemeteries

Section 214.010 - Local government may acquire and dispose of cemeteries within boundaries — authority to regulate — penalties.

Section 214.020 - City may establish perpetual care cemetery fund — receive gifts — limitation on use of income from fund.

Section 214.030 - Cemetery lots, conveyed by deed.

Section 214.035 - Conveyance of cemetery property to political subdivision, when — notice of transfer.

Section 214.040 - Plots and records of cemeteries to be maintained, where — requirements.

Section 214.041 - Construction of roads prohibited in cemetery — exceptions.

Section 214.050 - Power to vacate streets vested in county commissions.

Section 214.060 - Petition to be presented to county commission — remonstrance may be filed.

Section 214.070 - Terms defined.

Section 214.080 - Proceedings to enlarge.

Section 214.090 - Family burying grounds, how secured.

Section 214.120 - Costs, who liable for.

Section 214.130 - County commission and incorporated cemetery company to receive grants and bequests in trust.

Section 214.131 - Tombstones, fences, destroying or mutilating in abandoned family or private cemetery, penalty — abandoned or private burying ground, defined.

Section 214.132 - Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff — court's power to disinter.

Section 214.140 - Property placed in trust for benefit of cemeteries.

Section 214.150 - County commissions shall become trustees and custodians.

Section 214.160 - Investment or lending of trust funds — investment manager, duties — definitions.

Section 214.170 - May designate responsible organization or individual to administer the income.

Section 214.180 - Shall keep record of receipts and disbursements.

Section 214.190 - Cemetery not subject to execution, dower or partition — exception.

Section 214.200 - Title, how obtained to lands used for burial purposes.

Section 214.205 - Violation of nuisance ordinance — abandonment — action authorized — costs — eminent domain.

Section 214.208 - Disinterment authorized, when — consent required, when — cemetery owner not liable, when.

Section 214.209 - Abandonment of burial site, rights revert to cemetery.

Section 214.210 - Certain cities may accept or acquire cemetery lands.

Section 214.220 - Lands or shares subject to all vested rights.

Section 214.230 - City may acquire money or funds, how.

Section 214.240 - City may provide and enforce rules and regulations.

Section 214.250 - Proceedings to establish cemetery in first class counties — petition by taxpayers.

Section 214.260 - Penalty for violation.

Section 214.270 - Definitions.

Section 214.275 - License, cemeteries — division's powers and duties — limitations.

Section 214.276 - Refusal to issue license, grounds — complaint, procedure.

Section 214.277 - Injunctions, restraining orders, other court remedies available — venue.

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.

Section 214.282 - Voidability of contracts, exceptions.

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.

Section 214.300 - Nonendowed cemetery may qualify as endowed, when — minimum care and maintenance fund to be established.

Section 214.310 - Endowed care and maintenance fund, minimum amount — bond — posting of sign, when, information required.

Section 214.320 - Deposits in fund required, amount — annual report, form furnished by division — audits may be conducted, when — exemption from chapter 436 requirements, when.

Section 214.325 - Required deposits — deficiency — effect — penalty.

Section 214.330 - Endowed care fund held in trust or segregated account — requirements — duties of trustee or independent investment advisor — operator's duties — endowed care fund agreement.

Section 214.335 - Contributions to endowed care fund for memorial or monument — deficiency, effect of.

Section 214.340 - Report required — content — oath — filing required.

Section 214.345 - Sale of cemetery plot — written statement to be given to purchaser — copy of annual report to be available to public.

Section 214.360 - Private use of trust funds prohibited.

Section 214.363 - Bankruptcy, assignment for benefit of creditors, endowed care fund exempt.

Section 214.365 - Cemetery failing to provide maintenance — abandonment or ceasing to operate, division's duties.

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.

Section 214.370 - Nonendowed cemetery to post signs and give notice of its character.

Section 214.380 - Nonendowed section of endowed care cemetery — signs and notice.

Section 214.385 - Moving of grave marker, replacement — delivery of item of burial merchandise.

Section 214.387 - Burial merchandise or services, deferral of delivery, when — escrow arrangement — distribution of moneys — cancellation.

Section 214.389 - Suspension of distribution, when, procedure.

Section 214.390 - Existing cemeteries to operate under law — local law applicable.

Section 214.392 - Division of professional registration, duties and powers in regulation of cemeteries — rulemaking authority.

Section 214.400 - Citation of law.

Section 214.410 - Violation of law, penalty.

Section 214.450 - Indian cemeteries, how established — trust fund authorized.

Section 214.455 - Destruction or defacing any cemetery property, penalty.

Section 214.500 - Cemeteries acquired by a city at tax sales or as nuisances may be sold.

Section 214.504 - No liability for new cemetery operators, when — rights of holders of contracts for burial.

Section 214.508 - Previous cemetery owner liable, when.

Section 214.512 - New cemetery owner not liable for deficiencies, exception.

Section 214.516 - Registration as an endowed care cemetery, when — compliance with endowed care cemetery law required.

Section 214.550 - Scatter gardens, operation by churches maintaining religious cemeteries — maintenance of garden and records, duty of operator.