Effective - 28 Aug 2021, 2 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)
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.