The care funds authorized in the Endowed Care Cemetery Act and all sums paid into those funds or contributed to those funds are expressly permitted and are for charitable and eleemosynary purposes. Care funds are provided for the discharge of the duty due from the person contributing to those funds to the persons interred and to be interred in the cemetery and likewise are a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming places of disorder, reproach and desolation in the communities in which they are situated. The care funds authorized in the Endowed Care Cemetery Act and the income from those funds and funds received under a contract to furnish care of burial space shall be exempt from taxation. No payment, gift, grant, bequest or other contribution for general endowed care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the trust nor shall care funds or a contribution to them be deemed to be invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.
History: 1953 Comp., § 67-29-8, enacted by Laws 1961, ch. 156, § 8; 2001, ch. 149, § 8.
The 2001 amendment, effective July 1, 2001, substituted "in the Endowed Care Cemetery Act" for "herein" in two places; deleted "endowed" preceding "care funds" in two places; and made stylistic changes throughout the section.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 17 - Endowed Care of Cemeteries
Section 58-17-1 - Declaration of policy.
Section 58-17-2 - Short title.
Section 58-17-3 - Definitions.
Section 58-17-4 - Gifts and contributions; care funds; trust funds.
Section 58-17-5 - Loans by cemeteries.
Section 58-17-6 - Instrument regarding care to be furnished by cemetery authority.
Section 58-17-7 - Representations regarding care and maintenance to be furnished.
Section 58-17-8 - Care funds not subject to tax.
Section 58-17-9 - Compliance with law required.
Section 58-17-10 - Registration with director.
Section 58-17-11 - Deposit or bond of endowed care cemeteries.
Section 58-17-12 - Display of signs.
Section 58-17-13 - Enforcement of provisions of act by director.
Section 58-17-14 - Proceedings in case of law violations.
Section 58-17-15 - Disposition of care funds upon dissolution.
Section 58-17-16 - Violations; punishment.
Section 58-17-18 - Establishing a cemetery authority.
Section 58-17-19 - Transfer of ownership.
Section 58-17-20 - Denial, suspension or revocation of registration.