Missouri Revised Statutes
Chapter 214 - Cemeteries
Section 214.410 - Violation of law, penalty.

Effective - 01 Jan 2017, 2 histories
214.410. Violation of law, penalty. — 1. Any cemetery operator who shall willfully violate any provisions of sections 214.270 to 214.410 for which no penalty is otherwise prescribed shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed five hundred dollars or shall be confined not more than six months or both.
2. Any cemetery operator who shall willfully violate any provision of section 214.320, 214.330, 214.335, 214.340, 214.360, 214.385, or 214.387 shall be deemed guilty of a class E felony and upon conviction thereof shall be fined a sum not to exceed ten thousand dollars or shall be confined not more than five years or both. This section shall not apply to cemeteries or cemetery associations which do not sell lots in the cemetery.
3. Any trustee who shall willfully violate any applicable provisions of sections 214.270 to 214.410 shall have committed an unsafe and unsound banking practice and shall be penalized as authorized by chapters 361 and 362. This subsection shall be enforced exclusively by the Missouri division of finance for state chartered institutions and the Missouri attorney general for federally chartered institutions.
4. Any person who shall willfully violate any provision of section 214.320, 214.330, 214.335, 214.340, 214.360 or 214.385 or violates any rule, regulation or order of the division may, in accordance with the regulations issued by the division, be assessed an administrative penalty by the division. The penalty shall not exceed five thousand dollars for each violation and each day of the continuing violation shall be deemed a separate violation for purposes of administrative penalty assessment. However, no administrative penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. Penalty assessments received shall be deposited in the endowed care cemetery audit fund created in section 193.265.
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(L. 1961 p. 538 § 15, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et al. merged with S.B. 754, A.L. 2014 S.B. 491)
Effective 1-01-17

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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.