Deposits in fund required, amount--annual report, form furnishedby division--audits may be conducted, when--record keeping required.
214.320. 1. An operator of an endowed care cemetery shall establish anddeposit in an endowed care fund not less than the following amounts for burialspace sold or disposed of, with such deposits to the endowed care fund to bemade semiannually on all burial space that has been fully paid for to the dateof deposit:
(1) A minimum of fifteen percent of the gross sales price, or twentydollars, whichever is greater, for each grave space sold;
(2) A minimum of ten percent of the gross sales price of each crypt orniche sold in a community mausoleum, or a minimum of one hundred dollars foreach crypt or ten dollars for each niche sold in a garden mausoleum;
(3) A minimum of seventy-five dollars per grave space for each lawncrypt sold.
2. Notwithstanding the provisions of subdivision (2) of subsection 1 ofthis section, a cemetery operator who has made the initial deposit in trust asrequired by sections 214.270 to 214.410 from his own funds, and not from fundsdeposited with respect to sales of burial space, may deposit only one-half theminimum amounts set forth in subdivisions (1) and (2) of subsection 1 of thissection, until he shall have recouped his entire initial deposit. Thereafter,he shall make the minimum deposits required under subdivisions (1), (2) and(3) of subsection 1 of this section.
3. Each operator of an endowed care cemetery shall, after August 28,1990, file with the division of professional registration, on a form providedby the division, an annual endowed care trust fund report. The operator ofany cemetery representing the cemetery, or any portion of the cemetery, as anendowed care cemetery shall make available to the division for inspection oraudit at any reasonable time only those cemetery records and trust fundrecords necessary to determine whether the cemetery's endowed care fund is incompliance with sections 214.270 to 214.410. Each cemetery operator who hasestablished a segregated account pursuant to section 214.385 shall makeavailable to the division for inspection or audit at any reasonable time thosecemetery records and financial institution records necessary to determinewhether the cemetery operator is in compliance with the provisions of section214.385. All documents, records, and work product from any inspections oraudits performed by or at the direction of the division shall remain in thepossession of the division of professional registration and shall not be sentto the state board of embalmers and funeral directors. No charge shall bemade for such inspections or audits.
4. If any endowed care cemetery operator conducts the trust fundaccounting and record keeping outside of this state, then such operator shallmaintain current and accurate copies of such accounting and record keepingwithin this state and such copies shall be readily available to the divisionfor inspection or audit purposes.
5. No cemetery operator shall operate or represent to the public by anytitle, description, or similar terms that a cemetery provides endowed careunless the cemetery is in compliance with the provisions of sections 214.270to 214.410.
(L. 1961 p. 538 § 7, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701)
(1984) A district court erred in allowing cemetery owners to require third party memorial installers to contribute a percentage of amounts charged for monument installation to endowed care cemetery funds. Rosebrough Monument Co. v. Memorial Park Cemetery (8th Cir.), 736 F.2d 441.
Deposits in fund required, amount--annual report, form furnishedby division--audits may be conducted, when--record keeping required.
214.320. 1. An operator of an endowed care cemetery shall establish anddeposit in an endowed care fund not less than the following amounts for burialspace sold or disposed of, with such deposits to the endowed care fund to bemade semiannually on all burial space that has been fully paid for to the dateof deposit:
(1) A minimum of fifteen percent of the gross sales price, or twentydollars, whichever is greater, for each grave space sold;
(2) A minimum of ten percent of the gross sales price of each crypt orniche sold in a community mausoleum, or a minimum of one hundred dollars foreach crypt or ten dollars for each niche sold in a garden mausoleum;
(3) A minimum of seventy-five dollars per grave space for each lawncrypt sold.
2. Notwithstanding the provisions of subdivision (2) of subsection 1 ofthis section, a cemetery operator who has made the initial deposit in trust asrequired by sections 214.270 to 214.410 from his own funds, and not from fundsdeposited with respect to sales of burial space, may deposit only one-half theminimum amounts set forth in subdivisions (1) and (2) of subsection 1 of thissection, until he shall have recouped his entire initial deposit. Thereafter,he shall make the minimum deposits required under subdivisions (1), (2) and(3) of subsection 1 of this section.
3. Each operator of an endowed care cemetery shall, after August 28,1990, file with the division of professional registration, on a form providedby the division, an annual endowed care trust fund report. The operator ofany cemetery representing the cemetery, or any portion of the cemetery, as anendowed care cemetery shall make available to the division for inspection oraudit at any reasonable time only those cemetery records and trust fundrecords necessary to determine whether the cemetery's endowed care fund is incompliance with sections 214.270 to 214.410. Each cemetery operator who hasestablished a segregated account pursuant to section 214.385 shall makeavailable to the division for inspection or audit at any reasonable time thosecemetery records and financial institution records necessary to determinewhether the cemetery operator is in compliance with the provisions of section214.385. All documents, records, and work product from any inspections oraudits performed by or at the direction of the division shall remain in thepossession of the division of professional registration and shall not be sentto the state board of embalmers and funeral directors. No charge shall bemade for such inspections or audits.
4. If any endowed care cemetery operator conducts the trust fundaccounting and record keeping outside of this state, then such operator shallmaintain current and accurate copies of such accounting and record keepingwithin this state and such copies shall be readily available to the divisionfor inspection or audit purposes.
5. No cemetery operator shall operate or represent to the public by anytitle, description, or similar terms that a cemetery provides endowed careunless the cemetery is in compliance with the provisions of sections 214.270to 214.410.
(L. 1961 p. 538 § 7, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701)
(1984) A district court erred in allowing cemetery owners to require third party memorial installers to contribute a percentage of amounts charged for monument installation to endowed care cemetery funds. Rosebrough Monument Co. v. Memorial Park Cemetery (8th Cir.), 736 F.2d 441.
Deposits in fund required, amount--annual report, form furnishedby division--audits may be conducted, when--record keeping required.
214.320. 1. An operator of an endowed care cemetery shall establish anddeposit in an endowed care fund not less than the following amounts for burialspace sold or disposed of, with such deposits to the endowed care fund to bemade semiannually on all burial space that has been fully paid for to the dateof deposit:
(1) A minimum of fifteen percent of the gross sales price, or twentydollars, whichever is greater, for each grave space sold;
(2) A minimum of ten percent of the gross sales price of each crypt orniche sold in a community mausoleum, or a minimum of one hundred dollars foreach crypt or ten dollars for each niche sold in a garden mausoleum;
(3) A minimum of seventy-five dollars per grave space for each lawncrypt sold.
2. Notwithstanding the provisions of subdivision (2) of subsection 1 ofthis section, a cemetery operator who has made the initial deposit in trust asrequired by sections 214.270 to 214.410 from his own funds, and not from fundsdeposited with respect to sales of burial space, may deposit only one-half theminimum amounts set forth in subdivisions (1) and (2) of subsection 1 of thissection, until he shall have recouped his entire initial deposit. Thereafter,he shall make the minimum deposits required under subdivisions (1), (2) and(3) of subsection 1 of this section.
3. Each operator of an endowed care cemetery shall, after August 28,1990, file with the division of professional registration, on a form providedby the division, an annual endowed care trust fund report. The operator ofany cemetery representing the cemetery, or any portion of the cemetery, as anendowed care cemetery shall make available to the division for inspection oraudit at any reasonable time only those cemetery records and trust fundrecords necessary to determine whether the cemetery's endowed care fund is incompliance with sections 214.270 to 214.410. Each cemetery operator who hasestablished a segregated account pursuant to section 214.385 shall makeavailable to the division for inspection or audit at any reasonable time thosecemetery records and financial institution records necessary to determinewhether the cemetery operator is in compliance with the provisions of section214.385. All documents, records, and work product from any inspections oraudits performed by or at the direction of the division shall remain in thepossession of the division of professional registration and shall not be sentto the state board of embalmers and funeral directors. No charge shall bemade for such inspections or audits.
4. If any endowed care cemetery operator conducts the trust fundaccounting and record keeping outside of this state, then such operator shallmaintain current and accurate copies of such accounting and record keepingwithin this state and such copies shall be readily available to the divisionfor inspection or audit purposes.
5. No cemetery operator shall operate or represent to the public by anytitle, description, or similar terms that a cemetery provides endowed careunless the cemetery is in compliance with the provisions of sections 214.270to 214.410.
(L. 1961 p. 538 § 7, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701)
(1984) A district court erred in allowing cemetery owners to require third party memorial installers to contribute a percentage of amounts charged for monument installation to endowed care cemetery funds. Rosebrough Monument Co. v. Memorial Park Cemetery (8th Cir.), 736 F.2d 441.
