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)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Section 214.030 - Cemetery lots, conveyed by deed.
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 214.140 - 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 214.209 - 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 214.282 - Voidability of contracts, exceptions.
Section 214.325 - Required deposits — deficiency — effect — penalty.
Section 214.340 - Report required — content — oath — filing required.
Section 214.360 - Private use of trust funds prohibited.
Section 214.363 - Bankruptcy, assignment for benefit of creditors, endowed care fund exempt.
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 214.389 - Suspension of distribution, when, procedure.
Section 214.390 - Existing cemeteries to operate under law — local law applicable.
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 214.508 - Previous cemetery owner liable, when.
Section 214.512 - New cemetery owner not liable for deficiencies, exception.