State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter8

CHAPTER 8 - CEMETERIES AND BURIALS

 

ARTICLE 1 - IN GENERAL

 

35-8-101. Survey and platting of cemetery grounds.

 

Anyperson, firm, corporation or municipality desiring to maintain a cemetery or tosell lots or parcels of land for cemetery or burial purposes shall cause suchland, or such portion thereof as may, from time to time be or become necessaryfor that purpose, to be surveyed into lots, blocks, streets, avenues and walks,and platted; and the lots and blocks shall be regularly numbered or designatedand marked on such plat. The plat of the ground so surveyed and platted, andthe dedication of the streets, avenues and walks as set forth therein, shall beduly executed and acknowledged by the person, firm, corporation or municipalityowning such property in accord with the requirements for the conveyances of realproperty and shall be filed and recorded in the office of the county clerk ofthe county in which the land so platted is situated; and when so platted, filedand recorded the streets, avenues and walks as therein dedicated to the public,shall be the property of the county in which such cemetery is situated for theuse and benefit of the owners of lots and blocks therein.

 

35-8-102. Conveyance of cemetery lots.

 

Cemeterylots or blocks may be conveyed by certificates signed by the owner thereof,with the corporate or municipal seal attached and attested by the secretary orclerk in appropriate cases, specifying that the person to whom the same isissued is the owner of the lot or block, described therein by number or othersymbol, for the purpose of interment, and such certificate shall vest in theperson designated therein, his heirs or assigns, a right in fee simple to suchlot or block for the sole purpose of interment, under the regulations of theowner thereof, and such certificate shall be entitled to be recorded in theoffice of the county clerk in the proper county, without furtheracknowledgment, and such description of lots shall be deemed and recognized asa sufficient description thereof.

 

35-8-103. Use of income derived from sale of lots; perpetual carefund; funds to be as a trust; not liable to attachment or garnishment.

 

Theproceeds arising from the sale of lots in any cemetery by any person, firm,corporation or municipality, and all other income and revenue thereof, shall beexclusively applied, appropriated or used in improving, preserving andembellishing such cemetery, and its appurtenances, and to paying the necessaryoperating expenses thereof, and shall not be applied or appropriated to anypurpose of profit to the person, firm, corporation or municipality owning ormaintaining same; provided, that any mutual cemetery corporation ormunicipality may use such income and revenue for purchasing or acquiringadditional adjacent grounds for cemetery purposes only; provided, however, anycemetery organized by any individual, group of individuals, corporation orassociation, except municipal corporations and duly organized cemeterydistricts shall establish a perpetual care fund in an amount equal to at leastninety cents ($.90) for each square foot of cemetery lot sold after theeffective date of this act. In support of, and for the protection of suchperpetual care fund, there shall be established a trust fund in such amount andunder such terms and conditions, including bonded protection of a permanent andenduring nature, as the insurance commissioner of the state of Wyoming mayprescribe to carry out the objectives and contractual commitments and trust ofsuch individual, corporation or association. In the case of the operation of a mausoleumfor the sale of vaults or crypts therein the perpetual care fund shall betwenty percent (20%) of the purchase price. Such fund shall be operated as aperpetual trust according to requirements approved by the insurance department,and shall be used for the benefit of the grave sales and cemetery lots forwhich deposits shall have been made. The insurance commissioner shall specifysecurities approved for the investment of the funds which shall includeinvestment of funds with a duly licensed Wyoming bank, trust company, orfederal building and loan association, and may require an audit of all of thebooks and accounts of the cemetery as the need may arise. The cemeteryorganization shall file a copy of a purchase contract or installment contractfor lot or lots, if any there be, with the insurance commissioner when saidcontract is entered into and shall forthwith notify the insurance commissionerof the final payment or default, if any be made, of such contract or contracts.Any and all funds received and invested as stipulated in this act, and theincome therefrom, shall be as a trust and shall not be liable to attachment,garnishment, or other processes, nor shall be seized, taken or appropriated orapplied by any legal or equitable processes or operation of law to pay any debtor liability of the person, partnership, association, company or corporationorganizing or thereafter operating such cemetery.

 

35-8-104. Exemption from taxation.

 

Allproperty of any person, firm, corporation or municipality so platted anddedicated for cemetery purposes, shall be exempt from taxation, assessment,lien, attachment, and from levy and sale upon execution, except for thepurchase price thereof.

 

35-8-105. Prohibited acts; penalty for violation.

 

Anyperson, firm, or the managing officer or officers of any corporation ormunicipality that sells, contracts for sale, or in any other manner disposes ofany lot, block or parcel of land for interment or burial of deceased personstherein, either for money or other thing of value, without having complied withall of the provisions of this act, and any person, firm, or the managingofficer or officers of any corporation or municipality that uses any of theproceeds, income, revenue or profits from the sale of any lot, block or parcelof land for the interment or burial of deceased persons therein, for hisprivate gain or benefit, excepting only those operating reserve or endowmentfund cemeteries as provided in this act, shall be deemed guilty of amisdemeanor, and upon conviction thereof such person or firm or the managingofficer or officers of such corporation or municipality shall be fined any sumnot to exceed one hundred dollars ($100.00), or be imprisoned in the countyjail for not to exceed three (3) months, or both.

 

ARTICLE 2 - MUNICIPAL CEMETERIES

 

35-8-201. Power of cities and towns with respect to cemeteries.

 

Inaddition to the powers conferred upon them by law, each incorporated city ortown in the state of Wyoming shall have power and authority to purchase, hold,and pay for lands, not exceeding eighty (80) acres in one (1) body, outside ofthe limits of any incorporated city or town, for the purpose of the burial ofthe dead; to have and exercise such police jurisdiction over the same, and overany cemetery lying near said city or town and used by the inhabitants thereof,as may be necessary for the proper control and regulation of the same; tosurvey, plat, map, grade, fence, ornament, and otherwise improve all burial andcemetery grounds and the avenues or streets leading thereto, owned by the cityor town; to construct walks, rear and protect ornamental trees therein, andprovide for paying the cost thereof; to convey cemetery lots owned by such cityor town, and to issue deeds of conveyance therefor in such form and with suchconditions therein as may be prescribed by the mayor and council of such cityor town, which deeds of conveyance shall be signed by the mayor and attested bythe city clerk of such city or town; to limit the number of cemetery lots whichshall be owned by the same person at the same time; and to prescribe rules forenclosing and adorning cemetery lots, and the erection of monuments andtombstones thereon.

 

35-8-202. Purchase of grounds outside corporate limits.

 

Forthe purpose of carrying out any of the powers conferred by this act, any suchcity or town may go beyond its corporate limits and purchase, or otherwiseacquire, real property.

 

35-8-203. Bond issue; purposes for which issue authorized;denominations, form, interest and issuance.

 

Anincorporated city or town in the state of Wyoming is authorized, for thepurpose of providing funds for purchasing and improving lands for cemeterypurposes, to borrow money and to issue negotiable coupon bonds of the city ortown in an amount not exceeding at one (1) time two percent (2%) of theassessed value of the city or town. The bonds shall be of the denominations asthe city or town council shall determine, which bonds shall be numberedconsecutively from one (1) upward, payable in thirty (30) years from date ofissue, and redeemable at the pleasure of the city or town after ten (10) years,and shall bear interest at a rate determined by the city or town council. Thebonds when issued shall be signed by the mayor and countersigned by the clerkand the treasurer of the city or town but the bonds shall not be sold for lessthan their par value.

 

35-8-204. Bond issue; submission of issue to voters.

 

Nobonds shall be issued for the purpose provided by this article until theproposition to issue the same shall have been submitted to a vote of thequalified electors of the city or town, and by them approved. The propositionshall be submitted at an election called, conducted, canvassed and returned inthe manner provided for bond elections by the Political Subdivision BondElection Law, W.S. 22-21-101 through 22-21-112. The proposition so submitted toa vote of the qualified electors shall specify the amount of the bonds proposedto be issued, the rate of interest, and the purpose for which it is proposed toissue the same. It shall be the duty of the city clerk of the city or town tocause ballots to be prepared, either separately from other ballots in case of aspecial election, or upon other ballots in case of a primary or generalelection, with the words "for cemetery bonds" and "againstcemetery bonds", leaving a place opposite each proposition in which thevoter shall mark his vote for or against the bonds. If, upon a canvass of thevotes upon such proposition, a majority of the votes be for the issue of thebonds, then the mayor and city council are authorized to issue same as providedin this act.

 

35-8-205. Bond issue; cemetery bond tax.

 

Thereshall be annually levied and collected on all taxable property, real, personal,and mixed, within such city or town, a sufficient tax to pay the interest onsaid bonds as the same may become due, and to redeem such bonds as provided inthis article, which tax shall be levied and collected in the same manner asother city or town taxes; said taxes to be known as the "cemetery bondtax", and shall be used for the payment of interest, principal, and theredemption of the bonds so issued, and for no other purpose. And all moneyscollected by such cities or towns from purchasers of cemetery lots, save suchamount as shall be required for the maintenance and improvement of suchcemeteries, shall become part of the cemetery bond fund, and shall be used onlyfor the payment of the principal and interest of the bonds in this act authorizedto be issued.

 

35-8-206. Bond issue; bond register.

 

Thecity or town treasurer shall keep a book in which shall be registered all suchbonds, showing the number of the bond, the date of issue, to whom issued, theamount, the date of redemption, and payment of interest; which book shall beopen to all persons to examine the same during business hours.

 

35-8-207. Bond issue; redemption of bonds.

 

Anycity or town, issuing bonds for the purpose provided in this act, shall eachyear after the tenth year after the issue of said bonds, redeem at leastone-twentieth of the said bonds in the order of their issue.

 

35-8-208. Bond issue; duty of treasurer upon payment.

 

Itshall be the duty of the city or town treasurer, as rapidly as any coupons ofsaid bonds are paid, to cause the word "paid" to be cut in the same,and as rapidly as said bonds are paid to cause the word "paid" to becut in the body of the same.

 

35-8-209. Bond issue; custodian of moneys collected.

 

Thecity or town treasurer shall be custodian of all moneys arising from the saleof bonds issued in pursuance of the authority given by this chapter, and heshall give additional bond, or bonds, for the safekeeping and distributing ofall such funds, as may be provided by the city or town council.

 

35-8-210. Ordinances, rules and regulations.

 

Anysuch city or town is hereby authorized and empowered to enact all ordinancesnecessary to the complete exercise of all the powers in this act granted, andto carry out the same, and is authorized to make all ordinances, rules, andregulations for the protection, maintenance, and improvement of suchcemeteries, and of all property connected therewith, and all streets, avenues,and roads leading to such cemeteries.

 

35-8-211. Application.

 

Thisact shall apply to all cities and towns in the state of Wyoming whetherincorporated by special charter or under general laws, and the taxes hereinprovided for, shall be in addition to all other taxes provided or authorized bylaw.

 

35-8-212. Authority to declare abandoned unoccupied lots; procedure;resale.

 

Anycity, town or special cemetery district may declare abandoned the ownership ofany unoccupied lots or parcels of land in municipally owned cemeteries, createdunder and by virtue of W.S. 35-8-201 through 35-8-211, inclusive, or anyspecial cemetery district whenever there has been no contact with or knowledgeof the owners, heirs, or assigns, as the case may be, of such lots or parcelsfor more than twenty-five (25) years. Prior to declaring such abandonment,notice shall be served by registered mail at the last known address of suchowner, heirs, or assigns. In the event that the address cannot be ascertained,notice shall be given by one (1) publication in the official newspaper of themunicipality or special cemetery district in which the cemetery is located.Said notice shall allow thirty (30) days for the owner, heirs, or assigns toadvise the city or town or special cemetery district of his identity andaddress; and if he does so, the city or town or special cemetery district shallnot declare the abandonment. Upon the failure of the owner, heirs, or assignsto so communicate with the city or town, it may by resolution declare such lotsor parcels abandoned. Thereafter, it may resell such lots or parcels, but shallplace in trust an amount of money equivalent to the original selling price ofsuch lots or parcels for payment to the owner, heirs, or assigns. Said trustfund shall be placed in legal investments, and the interest received therefromshall annually be deposited to the city's or town's general fund or the generalfund of the special cemetery district. Money received from the resale of suchlots and parcels and deposited in said trust fund may be withdrawn by thecities or towns or the special cemetery district and placed in their generalfund if not claimed by the owner, heirs, or assigns within twenty-five (25)years after being so deposited. So long as such lots or parcels remain unsold,the owners, heirs, or assigns may reclaim them by identifying themselves andestablishing their right to such lots or parcels.

 

ARTICLE 3 - SPECIAL CEMETERY DISTRICTS

 

35-8-301. Procedure for proposing establishment of special cemeterydistrict.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

 

(d) Repealed by Laws 1998, ch. 115, 5.

 

 

(e) A special cemetery district may be established under theprocedures for petitioning, hearing and election of special districts as setforth in the Special District Elections Act of 1994.

 

35-8-302. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-303. Body corporate; name and style; powers generally; rules andregulations of trustees.

 

Eachdistrict established is hereby declared to be a body corporate by the name andstyle of the .... cemetery district and the name therefor shall be entered uponthe commissioners' records and shall be selected by the board of countycommissioners of the county in which the greater area of land within thedistrict is located. In the name so selected, the district may hold propertyand be a party to contracts, shall have power to sue and be sued, shall beempowered through its governing board to acquire real and personal property andequipment for cemetery purposes by gift, devise, bequest or purchase and toenter into contracts for the acquisition by purchase or lease of real andpersonal property and equipment; to convey, lease and otherwise dispose of itsproperty for cemetery purposes and as a cemetery district, to establish sinkingfunds for said purposes; to issue bonds for the purchase of real property andimprovements and equipment for the same, for cemetery purposes in the mannerhereinafter provided, and the trustees thereof shall have power to make suchrules and regulations as are necessary for the proper operation of the districtand shall file them with the county clerk for each county in which the districtis located.

 

35-8-304. Election of trustees in newly established districts; terms.

 

Anelection of six (6) trustees shall be held therein at the same time as theelection for formation of the district. Trustees shall serve withoutcompensation to govern the affairs of the district. There shall be electedthree (3) members to serve until the next succeeding district election, andthree (3) members to serve until the second succeeding district election anduntil their successors are elected and qualified.

 

35-8-305. Procedure for election of trustees in previously existingdistricts.

 

Inall such districts existing as of January 1, 1999, the terms of directors shallbe allowed to expire and a vacancy shall be declared and filled pursuant toW.S. 22-29-201 and 22-29-202 until the next regular scheduled subsequentdirector election as provided under W.S. 22-29-112. At that election three (3)trustees shall be elected for four (4) year terms and three (3) for two (2) yearterms.

 

35-8-306. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-307. Repealed by Laws 1994, ch. 99, 3.

 

 

35-8-308. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-309. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-310. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-311. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-312. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-313. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-314. Administration of finances; assessment and levy of taxes.

 

 

(a) The board of trustees of special cemetery districts shalladminister the finances of such districts according to the provisions of theUniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-124, andfile a report as provided by W.S. 9-1-507. The assessor shall at the time ofmaking the annual assessment of his district also assess the property of eachspecial cemetery district in his county and return to the county assessor atthe time of returning the assessment schedules, separate schedules listing theproperty of each such district assessed by him. The separate schedules shall becompiled by the county assessor, footed and returned to the board of countycommissioners as provided for other assessment schedules.

 

(b) The board of county commissioners, at the time of makingthe levy for county purposes shall levy a tax for that year upon the taxableproperty in such district in its county for its proportionate share based onassessed valuation of the estimated amount of funds needed by each such district,but in no case shall the tax for such district exceed in any one (1) year theamount of three (3) mills on each dollar of assessed valuation of suchproperty. The taxes and assessments of all special cemetery districts shall becollected by the county collector at the same time and in the same manner asstate and county taxes are collected, provided, however, said assessment andtax levied under provisions of this act shall not be construed as being a partof the general county mill levy.

 

35-8-315. Tax exemption.

 

Theproperty of such cemetery districts shall be exempt from taxation.

 

35-8-316. Bond issue; question of issuance to be submitted toelectors; amount and interest.

 

Theboard of trustees of any cemetery district may, whenever a majority thereof sodecide, request the board of county commissioners to submit to the electors ofthe district the question whether the board of trustees shall be authorized toissue the coupon bonds of the district in a certain amount, not to exceed twopercent (2%) of the assessed value of the taxable property in the district, andbearing a certain rate of interest, payable and redeemable at a certain time,not exceeding twenty-five (25) years for the purchase of real property, for theconstruction or purchase of improvements and for equipment for cemeterypurposes.

 

35-8-317. Bond issue; conduct of election.

 

Theelection authorized under W.S. 35-8-316 shall be called, conducted and theresults thereof canvassed and certified in all respects as near as practicablein the same manner as is provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

35-8-318. Bond issue; issuance; form; advertising for bidders; sale.

 

Ifthe proposal to issue said bonds shall be approved, the board of trustees mayissue such bonds in such form as the board may direct and shall give notice bypublication in some newspaper published in the counties in which said districtis located and in some newspaper of general circulation in the capital of thisstate of its intention to issue and negotiate such bonds, and to invite bidderstherefor; provided that in no case shall such bonds be sold for less than theirfull or par value and the accrued interest thereon at the time of their delivery.And the said trustees are authorized to reject any bids, and to sell said bondsat private sale, if they deem it for the best interests of the district.

 

35-8-319. Bond issue; preparation and execution; certification; to beregistered by county treasurer.

 

Afterascertaining the best terms upon and the lowest interest at which said bondscan be negotiated, the board shall secure the proper engraving and printing andconsecutive numbering thereof, and said bonds shall thereupon be otherwiseproperly prepared and executed. They must bear the signature of the presidentof the board of trustees and be countersigned by the secretary of the board andbear the district seal and be countersigned by the county treasurer of thecounty in which the funds of the district are kept, and the coupons attached tothe bonds must be signed by said president, secretary and county treasurer; andthe secretary of the board shall endorse a certificate upon every such bond,that the same is within the lawful debt limit of such district and is issuedaccording to law and he shall sign such certificate in his official character.When so executed, they shall be registered by the county treasurer where saiddistrict's funds are kept in a book provided for that purpose, which must showthe number and amount of each bond and the person to whom the same is issued.

 

35-8-320. Bond issue; payment guaranteed.

 

Thefull faith and credit of each cemetery district is solemnly pledged for thepayment of the interest and the redemption of the principal of all bonds whichare issued by such district.

 

35-8-321. Bond issue; payment of principal and interest.

 

Thecounty treasurer where said district's funds are kept may pay out of any moneysbelonging to said district tax fund, the interest and the principal upon anybonds issued by such district, when the same becomes due, upon the presentationat his office of the proper coupon or bond, which must show the amount due, andeach coupon must also show the number of the bond to which it belonged, and allbonds and coupons so paid, must be reported to the district trustees at theirfirst regular meeting thereafter.

 

35-8-322. Bond issue; validity.

 

Allcemetery districts heretofore formed and organized under the provisions ofchapter 58 of the Session Laws of Wyoming, 1949, or under the provisions ofchapter 141, Session Laws of Wyoming, 1951, are hereby declared to be dulyorganized and existing cemetery districts; and all bonds heretofore issued andsold for the purpose of providing for the purchase of real property andimprovements and equipment for cemetery purposes, by any cemetery districtestablished under the provisions of chapter 58, Session Laws of Wyoming, 1949,or under the provisions of chapter 141, of the Session Laws of Wyoming, 1951,where the purchase money for such bonds has been actually received and retainedor used for the purpose for which such bonds were sold, are hereby declared tobe the valid and legally binding obligations of such district and allproceedings under which such bonds were issued are approved, ratified anddeclared valid.

 

35-8-323. Districts charged with maintaining existing publiccemeteries.

 

Alldistricts organized under the provisions of this act are charged with the dutyof maintaining existing public cemeteries owned and maintained by incorporatedcities or towns, or otherwise, within the boundaries of the district; and suchmaintenance shall be as nearly uniform as possible.

 

35-8-324. Cemeteries in cities and towns in conflict with specialcemetery district.

 

Noincorporated city or town which is or may be included within the boundaries ofa special cemetery district organized under the laws of the state of Wyoming,shall purchase, establish, operate, maintain, improve or support a cemetery orcemetery grounds for a period of more than one (1) year after the formation ofsuch cemetery district or for a period of more than two (2) months after theeffective date of this act, whichever shall be later.

 

ARTICLE 4 - VAULTS, CRYPTS AND MAUSOLEUMS

 

35-8-401. Definitions.

 

 

(a) As used in this act:

 

(i) "Columbarium" means any building, structure orany part of a building or structure which is used for the interment of crematedhuman remains;

 

(ii) "Community vault, crypt, columbarium, mausoleum orstructure" means one constructed for the purpose of containing the bodiesor remains of more than six (6) dead human beings;

 

(iii) "State department of health" means the statedepartment of health created by W.S. 9-2-101;

 

(iv) "State insurance commissioner" means theinsurance commissioner of Wyoming appointed under W.S. 26-2-102;

 

(v) "This act" means W.S. 35-8-401 through 35-8-407.

 

35-8-402. Regulations and specifications generally; application tocertain columbariums.

 

 

(a) No person, firm, partnership, association, company orcorporation shall construct any community vault, crypt, columbarium ormausoleum, wholly or partially above the surface of the ground, to be used tocontain the body or remains of any dead human being unless the same shall belocated within the confines of an established cemetery containing not less thanfive (5) acres, which cemetery shall have been in existence and operation for aperiod of at least five (5) years immediately preceding the time of theerection thereof, nor until plans and specifications therefor shall be approvedby the state board of health [department of health]. Such plans and specificationsshall set forth the sections, halls, rooms, corridors, elevators or othersubdivisions thereof, with their descriptive names and numbers, and shallprovide:

 

(i) That such structure be so arranged that any vault, cell,niche or crypt may be readily examined at any time by any person authorized bylaw to do so;

 

(ii) That suitable provision be made for permanently sealingeach crypt or cell after the placing of any body therein, and in such mannerthat no fluid may escape therefrom;

 

(iii) That the foundation shall extend below the frost line andshall be of reinforced construction;

 

(iv) That the exterior walls and roof shall be constructed ofgranite or marble and shall not be less than six (6) inches in thickness;

 

(v) That exterior doors shall be constructed of bronze oraluminum alloys or any other material or alloy of similar properties;

 

(vi) That interiors shall be constructed of granite, marble,slate, sandstone or limestone;

 

(vii) That the structure shall contain adequate provision fordrainage and ventilation;

 

(viii) That the structure shall be so constructed as to insure itsbeauty, durability and permanence, as well as the safety, convenience, comfortand health of the community in which it is located, as dictated and determinedat the time by modern mausoleum construction and engineering science.

 

(b) The person making application shall file a certificate ofsuch approval, signed by the state health officer, with a copy of such plansand specifications, in the office of the county clerk of the county whereinsuch structure is to be erected, and such clerk shall retain the same on file.No crypt, room or niche in any community mausoleum, columbarium or structureshall be sold or offered for sale until such structure shall be entirelycompleted.

 

(c) This act shall not apply to any columbarium owned by or fora church if it is less than one-half (1/2) acre in size and is locatedimmediately contiguous to or is part of the church facility, perpetually caredfor and the maintenance of the columbarium is insured by a trust fund meetingthe requirements of W.S. 35-8-404. If the church relocates, it shall relocateall urns and remains placed within the columbarium. Any violation of thissubsection is subject to the penalty imposed under W.S. 35-8-407.

 

35-8-403. Supervision of inspector required in erecting structure;compliance with requirements for perpetual care and maintenance.

 

Suchstructure shall be erected under the supervision of an inspector to beappointed by the state department of health, which shall determine the amountof his compensation, and the compensation shall be paid by the person,partnership, firm, association, company or corporation erecting the same. Nocommunity vault, crypt, niche, mausoleum, columbarium or structure, and noaddition or alteration thereof, shall be used for the purpose of interringtherein a body or the remains of a deceased human being until the person,partnership, association, company, firm or corporation operating such structureshall have obtained from the department of health a certificate, signed by thestate health officer, certifying that the plans and specifications filedpursuant to the provisions of W.S. 35-8-401 and 35-8-402 have been compliedwith, and from the state insurance commissioner a certificate certifying thatthe requirements for a perpetual care and maintenance fund set forth in W.S.35-8-404 have been complied with, which certificates shall be filed in theoffice of the county clerk of the county wherein the community vault, crypt,niche, mausoleum, columbarium or structure is located.

 

35-8-404. Perpetual care and maintenance trust fund.

 

 

(a) Before any cell, vault, crypt, room or niche in anycommunity mausoleum or columbarium shall be sold, the person, firm,partnership, association, company or corporation operating the same shall firstdeposit the sum of ten thousand dollars ($10,000.00) in an institution acceptableto the insurance commissioner, which sum shall be designated as a perpetualcare and maintenance trust fund and the income therefrom shall be used for thepreservation and upkeep of the mausoleum or columbarium. The insurancecommissioner shall regularly audit the fund and shall be empowered to formulateand establish regulations governing the fund and its trustee, which regulationsshall be designed to insure the permanence and security of the fund. In theevent that sales of cells, vaults, crypts, rooms or niches exceed the sum offifty thousand dollars ($50,000.00) the person, firm, partnership, association,company or corporation operating the mausoleum or columbarium shall deposit thefollowing percentages of all sales exceeding that amount in the perpetual caretrust fund, which additional sums shall be subject to the same regulations asthe original deposit:

 

(i) Twenty percent (20%) of the proceeds received from the saleof each cell, vault, crypt, room or niche; provided, however, that the depositfrom the sale of a crypt shall not be less than the sum of one hundred dollars($100.00) regardless of the sale price thereof;

 

(ii) Twenty percent (20%) of each payment or installmentreceived from the sale of every cell, vault, crypt, room or niche in the eventthat a sale is made on a payment or installment plan; provided, however, thatthe total amount deposited from the sale of any crypt on the payment orinstallment plan shall not be less than the sum of one hundred dollars($100.00) regardless of the sale price or the amount of the payment orinstallment.

 

(b) In the event that any person, firm, partnership, association,company or corporation operating a community mausoleum, columbarium orstructure shall fail to continue the active management thereof, the trustee ofthe perpetual care and maintenance fund established therefor shall continue toadminister the fund subject to audit and regulation by the insurancecommissioner and disburse the income for the care and maintenance of themausoleum or columbarium; provided, however, that the district judge may, uponapplication made by the county attorney of the county in which the mausoleum orcolumbarium is located, and good cause shown, order the appointment of asuccessor trustee and/or disbursement of the principal or interest of the fund.

 

35-8-405. Removal of body from vault constituting menace to publichealth; reinterment; cost; construction contrary to W.S. 35-8-401 through35-8-407 deemed nuisance; enjoining.

 

Whenany mausoleum, vault, crypt or structure containing one (1) or more deceasedhuman bodies, shall, in the opinion of the state department of health, become amenace to public health, and the owner or owners shall fail to remedy or removethe same to the satisfaction of the department, the judge of any district courtof the state of Wyoming may, upon application by the county attorney of thecounty in which it is located, order the person, firm, partnership,association, company or corporation owning the structure to remove the deceasedbody or bodies for interment in some suitable cemetery at the expense of theperson, firm, partnership, association, company or corporation owning themausoleum, vault or crypt. If no person, firm, partnership, association,company or corporation can be found in the county where the mausoleum, vault orcrypt is located, the removal and interment shall be at the expense of thecemetery, city, town or county within which the mausoleum, vault or crypt islocated, or of the cemetery association in charge of any such cemetery,provided, however, that if there is a perpetual care and maintenance fund inexistence for the care of the mausoleum, vault, crypt or structure, the expenseincident thereto may be defrayed from the principal of the fund by order of thedistrict judge. Any columbarium or mausoleum maintained or constructed contraryto the provisions of this act shall be deemed a public nuisance, and may beenjoined in an action brought by any taxpayer of this state in the districtcourt.

 

35-8-406. Rules and regulations.

 

Thestate department of health and the insurance commissioner are hereby empoweredand directed to make such rules and regulations as shall in their judgment benecessary for the carrying out of the provisions of this act, which regulationsshall have the force and effect of law.

 

35-8-407. Penalty.

 

Anyperson, officer, manager or agent of any firm, partnership, association,company or corporation who violates any provisions of this act shall be finednot more than seven hundred fifty dollars ($750.00), imprisoned not more thansix (6) months, or both.

 

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter8

CHAPTER 8 - CEMETERIES AND BURIALS

 

ARTICLE 1 - IN GENERAL

 

35-8-101. Survey and platting of cemetery grounds.

 

Anyperson, firm, corporation or municipality desiring to maintain a cemetery or tosell lots or parcels of land for cemetery or burial purposes shall cause suchland, or such portion thereof as may, from time to time be or become necessaryfor that purpose, to be surveyed into lots, blocks, streets, avenues and walks,and platted; and the lots and blocks shall be regularly numbered or designatedand marked on such plat. The plat of the ground so surveyed and platted, andthe dedication of the streets, avenues and walks as set forth therein, shall beduly executed and acknowledged by the person, firm, corporation or municipalityowning such property in accord with the requirements for the conveyances of realproperty and shall be filed and recorded in the office of the county clerk ofthe county in which the land so platted is situated; and when so platted, filedand recorded the streets, avenues and walks as therein dedicated to the public,shall be the property of the county in which such cemetery is situated for theuse and benefit of the owners of lots and blocks therein.

 

35-8-102. Conveyance of cemetery lots.

 

Cemeterylots or blocks may be conveyed by certificates signed by the owner thereof,with the corporate or municipal seal attached and attested by the secretary orclerk in appropriate cases, specifying that the person to whom the same isissued is the owner of the lot or block, described therein by number or othersymbol, for the purpose of interment, and such certificate shall vest in theperson designated therein, his heirs or assigns, a right in fee simple to suchlot or block for the sole purpose of interment, under the regulations of theowner thereof, and such certificate shall be entitled to be recorded in theoffice of the county clerk in the proper county, without furtheracknowledgment, and such description of lots shall be deemed and recognized asa sufficient description thereof.

 

35-8-103. Use of income derived from sale of lots; perpetual carefund; funds to be as a trust; not liable to attachment or garnishment.

 

Theproceeds arising from the sale of lots in any cemetery by any person, firm,corporation or municipality, and all other income and revenue thereof, shall beexclusively applied, appropriated or used in improving, preserving andembellishing such cemetery, and its appurtenances, and to paying the necessaryoperating expenses thereof, and shall not be applied or appropriated to anypurpose of profit to the person, firm, corporation or municipality owning ormaintaining same; provided, that any mutual cemetery corporation ormunicipality may use such income and revenue for purchasing or acquiringadditional adjacent grounds for cemetery purposes only; provided, however, anycemetery organized by any individual, group of individuals, corporation orassociation, except municipal corporations and duly organized cemeterydistricts shall establish a perpetual care fund in an amount equal to at leastninety cents ($.90) for each square foot of cemetery lot sold after theeffective date of this act. In support of, and for the protection of suchperpetual care fund, there shall be established a trust fund in such amount andunder such terms and conditions, including bonded protection of a permanent andenduring nature, as the insurance commissioner of the state of Wyoming mayprescribe to carry out the objectives and contractual commitments and trust ofsuch individual, corporation or association. In the case of the operation of a mausoleumfor the sale of vaults or crypts therein the perpetual care fund shall betwenty percent (20%) of the purchase price. Such fund shall be operated as aperpetual trust according to requirements approved by the insurance department,and shall be used for the benefit of the grave sales and cemetery lots forwhich deposits shall have been made. The insurance commissioner shall specifysecurities approved for the investment of the funds which shall includeinvestment of funds with a duly licensed Wyoming bank, trust company, orfederal building and loan association, and may require an audit of all of thebooks and accounts of the cemetery as the need may arise. The cemeteryorganization shall file a copy of a purchase contract or installment contractfor lot or lots, if any there be, with the insurance commissioner when saidcontract is entered into and shall forthwith notify the insurance commissionerof the final payment or default, if any be made, of such contract or contracts.Any and all funds received and invested as stipulated in this act, and theincome therefrom, shall be as a trust and shall not be liable to attachment,garnishment, or other processes, nor shall be seized, taken or appropriated orapplied by any legal or equitable processes or operation of law to pay any debtor liability of the person, partnership, association, company or corporationorganizing or thereafter operating such cemetery.

 

35-8-104. Exemption from taxation.

 

Allproperty of any person, firm, corporation or municipality so platted anddedicated for cemetery purposes, shall be exempt from taxation, assessment,lien, attachment, and from levy and sale upon execution, except for thepurchase price thereof.

 

35-8-105. Prohibited acts; penalty for violation.

 

Anyperson, firm, or the managing officer or officers of any corporation ormunicipality that sells, contracts for sale, or in any other manner disposes ofany lot, block or parcel of land for interment or burial of deceased personstherein, either for money or other thing of value, without having complied withall of the provisions of this act, and any person, firm, or the managingofficer or officers of any corporation or municipality that uses any of theproceeds, income, revenue or profits from the sale of any lot, block or parcelof land for the interment or burial of deceased persons therein, for hisprivate gain or benefit, excepting only those operating reserve or endowmentfund cemeteries as provided in this act, shall be deemed guilty of amisdemeanor, and upon conviction thereof such person or firm or the managingofficer or officers of such corporation or municipality shall be fined any sumnot to exceed one hundred dollars ($100.00), or be imprisoned in the countyjail for not to exceed three (3) months, or both.

 

ARTICLE 2 - MUNICIPAL CEMETERIES

 

35-8-201. Power of cities and towns with respect to cemeteries.

 

Inaddition to the powers conferred upon them by law, each incorporated city ortown in the state of Wyoming shall have power and authority to purchase, hold,and pay for lands, not exceeding eighty (80) acres in one (1) body, outside ofthe limits of any incorporated city or town, for the purpose of the burial ofthe dead; to have and exercise such police jurisdiction over the same, and overany cemetery lying near said city or town and used by the inhabitants thereof,as may be necessary for the proper control and regulation of the same; tosurvey, plat, map, grade, fence, ornament, and otherwise improve all burial andcemetery grounds and the avenues or streets leading thereto, owned by the cityor town; to construct walks, rear and protect ornamental trees therein, andprovide for paying the cost thereof; to convey cemetery lots owned by such cityor town, and to issue deeds of conveyance therefor in such form and with suchconditions therein as may be prescribed by the mayor and council of such cityor town, which deeds of conveyance shall be signed by the mayor and attested bythe city clerk of such city or town; to limit the number of cemetery lots whichshall be owned by the same person at the same time; and to prescribe rules forenclosing and adorning cemetery lots, and the erection of monuments andtombstones thereon.

 

35-8-202. Purchase of grounds outside corporate limits.

 

Forthe purpose of carrying out any of the powers conferred by this act, any suchcity or town may go beyond its corporate limits and purchase, or otherwiseacquire, real property.

 

35-8-203. Bond issue; purposes for which issue authorized;denominations, form, interest and issuance.

 

Anincorporated city or town in the state of Wyoming is authorized, for thepurpose of providing funds for purchasing and improving lands for cemeterypurposes, to borrow money and to issue negotiable coupon bonds of the city ortown in an amount not exceeding at one (1) time two percent (2%) of theassessed value of the city or town. The bonds shall be of the denominations asthe city or town council shall determine, which bonds shall be numberedconsecutively from one (1) upward, payable in thirty (30) years from date ofissue, and redeemable at the pleasure of the city or town after ten (10) years,and shall bear interest at a rate determined by the city or town council. Thebonds when issued shall be signed by the mayor and countersigned by the clerkand the treasurer of the city or town but the bonds shall not be sold for lessthan their par value.

 

35-8-204. Bond issue; submission of issue to voters.

 

Nobonds shall be issued for the purpose provided by this article until theproposition to issue the same shall have been submitted to a vote of thequalified electors of the city or town, and by them approved. The propositionshall be submitted at an election called, conducted, canvassed and returned inthe manner provided for bond elections by the Political Subdivision BondElection Law, W.S. 22-21-101 through 22-21-112. The proposition so submitted toa vote of the qualified electors shall specify the amount of the bonds proposedto be issued, the rate of interest, and the purpose for which it is proposed toissue the same. It shall be the duty of the city clerk of the city or town tocause ballots to be prepared, either separately from other ballots in case of aspecial election, or upon other ballots in case of a primary or generalelection, with the words "for cemetery bonds" and "againstcemetery bonds", leaving a place opposite each proposition in which thevoter shall mark his vote for or against the bonds. If, upon a canvass of thevotes upon such proposition, a majority of the votes be for the issue of thebonds, then the mayor and city council are authorized to issue same as providedin this act.

 

35-8-205. Bond issue; cemetery bond tax.

 

Thereshall be annually levied and collected on all taxable property, real, personal,and mixed, within such city or town, a sufficient tax to pay the interest onsaid bonds as the same may become due, and to redeem such bonds as provided inthis article, which tax shall be levied and collected in the same manner asother city or town taxes; said taxes to be known as the "cemetery bondtax", and shall be used for the payment of interest, principal, and theredemption of the bonds so issued, and for no other purpose. And all moneyscollected by such cities or towns from purchasers of cemetery lots, save suchamount as shall be required for the maintenance and improvement of suchcemeteries, shall become part of the cemetery bond fund, and shall be used onlyfor the payment of the principal and interest of the bonds in this act authorizedto be issued.

 

35-8-206. Bond issue; bond register.

 

Thecity or town treasurer shall keep a book in which shall be registered all suchbonds, showing the number of the bond, the date of issue, to whom issued, theamount, the date of redemption, and payment of interest; which book shall beopen to all persons to examine the same during business hours.

 

35-8-207. Bond issue; redemption of bonds.

 

Anycity or town, issuing bonds for the purpose provided in this act, shall eachyear after the tenth year after the issue of said bonds, redeem at leastone-twentieth of the said bonds in the order of their issue.

 

35-8-208. Bond issue; duty of treasurer upon payment.

 

Itshall be the duty of the city or town treasurer, as rapidly as any coupons ofsaid bonds are paid, to cause the word "paid" to be cut in the same,and as rapidly as said bonds are paid to cause the word "paid" to becut in the body of the same.

 

35-8-209. Bond issue; custodian of moneys collected.

 

Thecity or town treasurer shall be custodian of all moneys arising from the saleof bonds issued in pursuance of the authority given by this chapter, and heshall give additional bond, or bonds, for the safekeeping and distributing ofall such funds, as may be provided by the city or town council.

 

35-8-210. Ordinances, rules and regulations.

 

Anysuch city or town is hereby authorized and empowered to enact all ordinancesnecessary to the complete exercise of all the powers in this act granted, andto carry out the same, and is authorized to make all ordinances, rules, andregulations for the protection, maintenance, and improvement of suchcemeteries, and of all property connected therewith, and all streets, avenues,and roads leading to such cemeteries.

 

35-8-211. Application.

 

Thisact shall apply to all cities and towns in the state of Wyoming whetherincorporated by special charter or under general laws, and the taxes hereinprovided for, shall be in addition to all other taxes provided or authorized bylaw.

 

35-8-212. Authority to declare abandoned unoccupied lots; procedure;resale.

 

Anycity, town or special cemetery district may declare abandoned the ownership ofany unoccupied lots or parcels of land in municipally owned cemeteries, createdunder and by virtue of W.S. 35-8-201 through 35-8-211, inclusive, or anyspecial cemetery district whenever there has been no contact with or knowledgeof the owners, heirs, or assigns, as the case may be, of such lots or parcelsfor more than twenty-five (25) years. Prior to declaring such abandonment,notice shall be served by registered mail at the last known address of suchowner, heirs, or assigns. In the event that the address cannot be ascertained,notice shall be given by one (1) publication in the official newspaper of themunicipality or special cemetery district in which the cemetery is located.Said notice shall allow thirty (30) days for the owner, heirs, or assigns toadvise the city or town or special cemetery district of his identity andaddress; and if he does so, the city or town or special cemetery district shallnot declare the abandonment. Upon the failure of the owner, heirs, or assignsto so communicate with the city or town, it may by resolution declare such lotsor parcels abandoned. Thereafter, it may resell such lots or parcels, but shallplace in trust an amount of money equivalent to the original selling price ofsuch lots or parcels for payment to the owner, heirs, or assigns. Said trustfund shall be placed in legal investments, and the interest received therefromshall annually be deposited to the city's or town's general fund or the generalfund of the special cemetery district. Money received from the resale of suchlots and parcels and deposited in said trust fund may be withdrawn by thecities or towns or the special cemetery district and placed in their generalfund if not claimed by the owner, heirs, or assigns within twenty-five (25)years after being so deposited. So long as such lots or parcels remain unsold,the owners, heirs, or assigns may reclaim them by identifying themselves andestablishing their right to such lots or parcels.

 

ARTICLE 3 - SPECIAL CEMETERY DISTRICTS

 

35-8-301. Procedure for proposing establishment of special cemeterydistrict.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

 

(d) Repealed by Laws 1998, ch. 115, 5.

 

 

(e) A special cemetery district may be established under theprocedures for petitioning, hearing and election of special districts as setforth in the Special District Elections Act of 1994.

 

35-8-302. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-303. Body corporate; name and style; powers generally; rules andregulations of trustees.

 

Eachdistrict established is hereby declared to be a body corporate by the name andstyle of the .... cemetery district and the name therefor shall be entered uponthe commissioners' records and shall be selected by the board of countycommissioners of the county in which the greater area of land within thedistrict is located. In the name so selected, the district may hold propertyand be a party to contracts, shall have power to sue and be sued, shall beempowered through its governing board to acquire real and personal property andequipment for cemetery purposes by gift, devise, bequest or purchase and toenter into contracts for the acquisition by purchase or lease of real andpersonal property and equipment; to convey, lease and otherwise dispose of itsproperty for cemetery purposes and as a cemetery district, to establish sinkingfunds for said purposes; to issue bonds for the purchase of real property andimprovements and equipment for the same, for cemetery purposes in the mannerhereinafter provided, and the trustees thereof shall have power to make suchrules and regulations as are necessary for the proper operation of the districtand shall file them with the county clerk for each county in which the districtis located.

 

35-8-304. Election of trustees in newly established districts; terms.

 

Anelection of six (6) trustees shall be held therein at the same time as theelection for formation of the district. Trustees shall serve withoutcompensation to govern the affairs of the district. There shall be electedthree (3) members to serve until the next succeeding district election, andthree (3) members to serve until the second succeeding district election anduntil their successors are elected and qualified.

 

35-8-305. Procedure for election of trustees in previously existingdistricts.

 

Inall such districts existing as of January 1, 1999, the terms of directors shallbe allowed to expire and a vacancy shall be declared and filled pursuant toW.S. 22-29-201 and 22-29-202 until the next regular scheduled subsequentdirector election as provided under W.S. 22-29-112. At that election three (3)trustees shall be elected for four (4) year terms and three (3) for two (2) yearterms.

 

35-8-306. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-307. Repealed by Laws 1994, ch. 99, 3.

 

 

35-8-308. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-309. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-310. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-311. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-312. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-313. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-314. Administration of finances; assessment and levy of taxes.

 

 

(a) The board of trustees of special cemetery districts shalladminister the finances of such districts according to the provisions of theUniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-124, andfile a report as provided by W.S. 9-1-507. The assessor shall at the time ofmaking the annual assessment of his district also assess the property of eachspecial cemetery district in his county and return to the county assessor atthe time of returning the assessment schedules, separate schedules listing theproperty of each such district assessed by him. The separate schedules shall becompiled by the county assessor, footed and returned to the board of countycommissioners as provided for other assessment schedules.

 

(b) The board of county commissioners, at the time of makingthe levy for county purposes shall levy a tax for that year upon the taxableproperty in such district in its county for its proportionate share based onassessed valuation of the estimated amount of funds needed by each such district,but in no case shall the tax for such district exceed in any one (1) year theamount of three (3) mills on each dollar of assessed valuation of suchproperty. The taxes and assessments of all special cemetery districts shall becollected by the county collector at the same time and in the same manner asstate and county taxes are collected, provided, however, said assessment andtax levied under provisions of this act shall not be construed as being a partof the general county mill levy.

 

35-8-315. Tax exemption.

 

Theproperty of such cemetery districts shall be exempt from taxation.

 

35-8-316. Bond issue; question of issuance to be submitted toelectors; amount and interest.

 

Theboard of trustees of any cemetery district may, whenever a majority thereof sodecide, request the board of county commissioners to submit to the electors ofthe district the question whether the board of trustees shall be authorized toissue the coupon bonds of the district in a certain amount, not to exceed twopercent (2%) of the assessed value of the taxable property in the district, andbearing a certain rate of interest, payable and redeemable at a certain time,not exceeding twenty-five (25) years for the purchase of real property, for theconstruction or purchase of improvements and for equipment for cemeterypurposes.

 

35-8-317. Bond issue; conduct of election.

 

Theelection authorized under W.S. 35-8-316 shall be called, conducted and theresults thereof canvassed and certified in all respects as near as practicablein the same manner as is provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

35-8-318. Bond issue; issuance; form; advertising for bidders; sale.

 

Ifthe proposal to issue said bonds shall be approved, the board of trustees mayissue such bonds in such form as the board may direct and shall give notice bypublication in some newspaper published in the counties in which said districtis located and in some newspaper of general circulation in the capital of thisstate of its intention to issue and negotiate such bonds, and to invite bidderstherefor; provided that in no case shall such bonds be sold for less than theirfull or par value and the accrued interest thereon at the time of their delivery.And the said trustees are authorized to reject any bids, and to sell said bondsat private sale, if they deem it for the best interests of the district.

 

35-8-319. Bond issue; preparation and execution; certification; to beregistered by county treasurer.

 

Afterascertaining the best terms upon and the lowest interest at which said bondscan be negotiated, the board shall secure the proper engraving and printing andconsecutive numbering thereof, and said bonds shall thereupon be otherwiseproperly prepared and executed. They must bear the signature of the presidentof the board of trustees and be countersigned by the secretary of the board andbear the district seal and be countersigned by the county treasurer of thecounty in which the funds of the district are kept, and the coupons attached tothe bonds must be signed by said president, secretary and county treasurer; andthe secretary of the board shall endorse a certificate upon every such bond,that the same is within the lawful debt limit of such district and is issuedaccording to law and he shall sign such certificate in his official character.When so executed, they shall be registered by the county treasurer where saiddistrict's funds are kept in a book provided for that purpose, which must showthe number and amount of each bond and the person to whom the same is issued.

 

35-8-320. Bond issue; payment guaranteed.

 

Thefull faith and credit of each cemetery district is solemnly pledged for thepayment of the interest and the redemption of the principal of all bonds whichare issued by such district.

 

35-8-321. Bond issue; payment of principal and interest.

 

Thecounty treasurer where said district's funds are kept may pay out of any moneysbelonging to said district tax fund, the interest and the principal upon anybonds issued by such district, when the same becomes due, upon the presentationat his office of the proper coupon or bond, which must show the amount due, andeach coupon must also show the number of the bond to which it belonged, and allbonds and coupons so paid, must be reported to the district trustees at theirfirst regular meeting thereafter.

 

35-8-322. Bond issue; validity.

 

Allcemetery districts heretofore formed and organized under the provisions ofchapter 58 of the Session Laws of Wyoming, 1949, or under the provisions ofchapter 141, Session Laws of Wyoming, 1951, are hereby declared to be dulyorganized and existing cemetery districts; and all bonds heretofore issued andsold for the purpose of providing for the purchase of real property andimprovements and equipment for cemetery purposes, by any cemetery districtestablished under the provisions of chapter 58, Session Laws of Wyoming, 1949,or under the provisions of chapter 141, of the Session Laws of Wyoming, 1951,where the purchase money for such bonds has been actually received and retainedor used for the purpose for which such bonds were sold, are hereby declared tobe the valid and legally binding obligations of such district and allproceedings under which such bonds were issued are approved, ratified anddeclared valid.

 

35-8-323. Districts charged with maintaining existing publiccemeteries.

 

Alldistricts organized under the provisions of this act are charged with the dutyof maintaining existing public cemeteries owned and maintained by incorporatedcities or towns, or otherwise, within the boundaries of the district; and suchmaintenance shall be as nearly uniform as possible.

 

35-8-324. Cemeteries in cities and towns in conflict with specialcemetery district.

 

Noincorporated city or town which is or may be included within the boundaries ofa special cemetery district organized under the laws of the state of Wyoming,shall purchase, establish, operate, maintain, improve or support a cemetery orcemetery grounds for a period of more than one (1) year after the formation ofsuch cemetery district or for a period of more than two (2) months after theeffective date of this act, whichever shall be later.

 

ARTICLE 4 - VAULTS, CRYPTS AND MAUSOLEUMS

 

35-8-401. Definitions.

 

 

(a) As used in this act:

 

(i) "Columbarium" means any building, structure orany part of a building or structure which is used for the interment of crematedhuman remains;

 

(ii) "Community vault, crypt, columbarium, mausoleum orstructure" means one constructed for the purpose of containing the bodiesor remains of more than six (6) dead human beings;

 

(iii) "State department of health" means the statedepartment of health created by W.S. 9-2-101;

 

(iv) "State insurance commissioner" means theinsurance commissioner of Wyoming appointed under W.S. 26-2-102;

 

(v) "This act" means W.S. 35-8-401 through 35-8-407.

 

35-8-402. Regulations and specifications generally; application tocertain columbariums.

 

 

(a) No person, firm, partnership, association, company orcorporation shall construct any community vault, crypt, columbarium ormausoleum, wholly or partially above the surface of the ground, to be used tocontain the body or remains of any dead human being unless the same shall belocated within the confines of an established cemetery containing not less thanfive (5) acres, which cemetery shall have been in existence and operation for aperiod of at least five (5) years immediately preceding the time of theerection thereof, nor until plans and specifications therefor shall be approvedby the state board of health [department of health]. Such plans and specificationsshall set forth the sections, halls, rooms, corridors, elevators or othersubdivisions thereof, with their descriptive names and numbers, and shallprovide:

 

(i) That such structure be so arranged that any vault, cell,niche or crypt may be readily examined at any time by any person authorized bylaw to do so;

 

(ii) That suitable provision be made for permanently sealingeach crypt or cell after the placing of any body therein, and in such mannerthat no fluid may escape therefrom;

 

(iii) That the foundation shall extend below the frost line andshall be of reinforced construction;

 

(iv) That the exterior walls and roof shall be constructed ofgranite or marble and shall not be less than six (6) inches in thickness;

 

(v) That exterior doors shall be constructed of bronze oraluminum alloys or any other material or alloy of similar properties;

 

(vi) That interiors shall be constructed of granite, marble,slate, sandstone or limestone;

 

(vii) That the structure shall contain adequate provision fordrainage and ventilation;

 

(viii) That the structure shall be so constructed as to insure itsbeauty, durability and permanence, as well as the safety, convenience, comfortand health of the community in which it is located, as dictated and determinedat the time by modern mausoleum construction and engineering science.

 

(b) The person making application shall file a certificate ofsuch approval, signed by the state health officer, with a copy of such plansand specifications, in the office of the county clerk of the county whereinsuch structure is to be erected, and such clerk shall retain the same on file.No crypt, room or niche in any community mausoleum, columbarium or structureshall be sold or offered for sale until such structure shall be entirelycompleted.

 

(c) This act shall not apply to any columbarium owned by or fora church if it is less than one-half (1/2) acre in size and is locatedimmediately contiguous to or is part of the church facility, perpetually caredfor and the maintenance of the columbarium is insured by a trust fund meetingthe requirements of W.S. 35-8-404. If the church relocates, it shall relocateall urns and remains placed within the columbarium. Any violation of thissubsection is subject to the penalty imposed under W.S. 35-8-407.

 

35-8-403. Supervision of inspector required in erecting structure;compliance with requirements for perpetual care and maintenance.

 

Suchstructure shall be erected under the supervision of an inspector to beappointed by the state department of health, which shall determine the amountof his compensation, and the compensation shall be paid by the person,partnership, firm, association, company or corporation erecting the same. Nocommunity vault, crypt, niche, mausoleum, columbarium or structure, and noaddition or alteration thereof, shall be used for the purpose of interringtherein a body or the remains of a deceased human being until the person,partnership, association, company, firm or corporation operating such structureshall have obtained from the department of health a certificate, signed by thestate health officer, certifying that the plans and specifications filedpursuant to the provisions of W.S. 35-8-401 and 35-8-402 have been compliedwith, and from the state insurance commissioner a certificate certifying thatthe requirements for a perpetual care and maintenance fund set forth in W.S.35-8-404 have been complied with, which certificates shall be filed in theoffice of the county clerk of the county wherein the community vault, crypt,niche, mausoleum, columbarium or structure is located.

 

35-8-404. Perpetual care and maintenance trust fund.

 

 

(a) Before any cell, vault, crypt, room or niche in anycommunity mausoleum or columbarium shall be sold, the person, firm,partnership, association, company or corporation operating the same shall firstdeposit the sum of ten thousand dollars ($10,000.00) in an institution acceptableto the insurance commissioner, which sum shall be designated as a perpetualcare and maintenance trust fund and the income therefrom shall be used for thepreservation and upkeep of the mausoleum or columbarium. The insurancecommissioner shall regularly audit the fund and shall be empowered to formulateand establish regulations governing the fund and its trustee, which regulationsshall be designed to insure the permanence and security of the fund. In theevent that sales of cells, vaults, crypts, rooms or niches exceed the sum offifty thousand dollars ($50,000.00) the person, firm, partnership, association,company or corporation operating the mausoleum or columbarium shall deposit thefollowing percentages of all sales exceeding that amount in the perpetual caretrust fund, which additional sums shall be subject to the same regulations asthe original deposit:

 

(i) Twenty percent (20%) of the proceeds received from the saleof each cell, vault, crypt, room or niche; provided, however, that the depositfrom the sale of a crypt shall not be less than the sum of one hundred dollars($100.00) regardless of the sale price thereof;

 

(ii) Twenty percent (20%) of each payment or installmentreceived from the sale of every cell, vault, crypt, room or niche in the eventthat a sale is made on a payment or installment plan; provided, however, thatthe total amount deposited from the sale of any crypt on the payment orinstallment plan shall not be less than the sum of one hundred dollars($100.00) regardless of the sale price or the amount of the payment orinstallment.

 

(b) In the event that any person, firm, partnership, association,company or corporation operating a community mausoleum, columbarium orstructure shall fail to continue the active management thereof, the trustee ofthe perpetual care and maintenance fund established therefor shall continue toadminister the fund subject to audit and regulation by the insurancecommissioner and disburse the income for the care and maintenance of themausoleum or columbarium; provided, however, that the district judge may, uponapplication made by the county attorney of the county in which the mausoleum orcolumbarium is located, and good cause shown, order the appointment of asuccessor trustee and/or disbursement of the principal or interest of the fund.

 

35-8-405. Removal of body from vault constituting menace to publichealth; reinterment; cost; construction contrary to W.S. 35-8-401 through35-8-407 deemed nuisance; enjoining.

 

Whenany mausoleum, vault, crypt or structure containing one (1) or more deceasedhuman bodies, shall, in the opinion of the state department of health, become amenace to public health, and the owner or owners shall fail to remedy or removethe same to the satisfaction of the department, the judge of any district courtof the state of Wyoming may, upon application by the county attorney of thecounty in which it is located, order the person, firm, partnership,association, company or corporation owning the structure to remove the deceasedbody or bodies for interment in some suitable cemetery at the expense of theperson, firm, partnership, association, company or corporation owning themausoleum, vault or crypt. If no person, firm, partnership, association,company or corporation can be found in the county where the mausoleum, vault orcrypt is located, the removal and interment shall be at the expense of thecemetery, city, town or county within which the mausoleum, vault or crypt islocated, or of the cemetery association in charge of any such cemetery,provided, however, that if there is a perpetual care and maintenance fund inexistence for the care of the mausoleum, vault, crypt or structure, the expenseincident thereto may be defrayed from the principal of the fund by order of thedistrict judge. Any columbarium or mausoleum maintained or constructed contraryto the provisions of this act shall be deemed a public nuisance, and may beenjoined in an action brought by any taxpayer of this state in the districtcourt.

 

35-8-406. Rules and regulations.

 

Thestate department of health and the insurance commissioner are hereby empoweredand directed to make such rules and regulations as shall in their judgment benecessary for the carrying out of the provisions of this act, which regulationsshall have the force and effect of law.

 

35-8-407. Penalty.

 

Anyperson, officer, manager or agent of any firm, partnership, association,company or corporation who violates any provisions of this act shall be finednot more than seven hundred fifty dollars ($750.00), imprisoned not more thansix (6) months, or both.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title35 > Chapter8

CHAPTER 8 - CEMETERIES AND BURIALS

 

ARTICLE 1 - IN GENERAL

 

35-8-101. Survey and platting of cemetery grounds.

 

Anyperson, firm, corporation or municipality desiring to maintain a cemetery or tosell lots or parcels of land for cemetery or burial purposes shall cause suchland, or such portion thereof as may, from time to time be or become necessaryfor that purpose, to be surveyed into lots, blocks, streets, avenues and walks,and platted; and the lots and blocks shall be regularly numbered or designatedand marked on such plat. The plat of the ground so surveyed and platted, andthe dedication of the streets, avenues and walks as set forth therein, shall beduly executed and acknowledged by the person, firm, corporation or municipalityowning such property in accord with the requirements for the conveyances of realproperty and shall be filed and recorded in the office of the county clerk ofthe county in which the land so platted is situated; and when so platted, filedand recorded the streets, avenues and walks as therein dedicated to the public,shall be the property of the county in which such cemetery is situated for theuse and benefit of the owners of lots and blocks therein.

 

35-8-102. Conveyance of cemetery lots.

 

Cemeterylots or blocks may be conveyed by certificates signed by the owner thereof,with the corporate or municipal seal attached and attested by the secretary orclerk in appropriate cases, specifying that the person to whom the same isissued is the owner of the lot or block, described therein by number or othersymbol, for the purpose of interment, and such certificate shall vest in theperson designated therein, his heirs or assigns, a right in fee simple to suchlot or block for the sole purpose of interment, under the regulations of theowner thereof, and such certificate shall be entitled to be recorded in theoffice of the county clerk in the proper county, without furtheracknowledgment, and such description of lots shall be deemed and recognized asa sufficient description thereof.

 

35-8-103. Use of income derived from sale of lots; perpetual carefund; funds to be as a trust; not liable to attachment or garnishment.

 

Theproceeds arising from the sale of lots in any cemetery by any person, firm,corporation or municipality, and all other income and revenue thereof, shall beexclusively applied, appropriated or used in improving, preserving andembellishing such cemetery, and its appurtenances, and to paying the necessaryoperating expenses thereof, and shall not be applied or appropriated to anypurpose of profit to the person, firm, corporation or municipality owning ormaintaining same; provided, that any mutual cemetery corporation ormunicipality may use such income and revenue for purchasing or acquiringadditional adjacent grounds for cemetery purposes only; provided, however, anycemetery organized by any individual, group of individuals, corporation orassociation, except municipal corporations and duly organized cemeterydistricts shall establish a perpetual care fund in an amount equal to at leastninety cents ($.90) for each square foot of cemetery lot sold after theeffective date of this act. In support of, and for the protection of suchperpetual care fund, there shall be established a trust fund in such amount andunder such terms and conditions, including bonded protection of a permanent andenduring nature, as the insurance commissioner of the state of Wyoming mayprescribe to carry out the objectives and contractual commitments and trust ofsuch individual, corporation or association. In the case of the operation of a mausoleumfor the sale of vaults or crypts therein the perpetual care fund shall betwenty percent (20%) of the purchase price. Such fund shall be operated as aperpetual trust according to requirements approved by the insurance department,and shall be used for the benefit of the grave sales and cemetery lots forwhich deposits shall have been made. The insurance commissioner shall specifysecurities approved for the investment of the funds which shall includeinvestment of funds with a duly licensed Wyoming bank, trust company, orfederal building and loan association, and may require an audit of all of thebooks and accounts of the cemetery as the need may arise. The cemeteryorganization shall file a copy of a purchase contract or installment contractfor lot or lots, if any there be, with the insurance commissioner when saidcontract is entered into and shall forthwith notify the insurance commissionerof the final payment or default, if any be made, of such contract or contracts.Any and all funds received and invested as stipulated in this act, and theincome therefrom, shall be as a trust and shall not be liable to attachment,garnishment, or other processes, nor shall be seized, taken or appropriated orapplied by any legal or equitable processes or operation of law to pay any debtor liability of the person, partnership, association, company or corporationorganizing or thereafter operating such cemetery.

 

35-8-104. Exemption from taxation.

 

Allproperty of any person, firm, corporation or municipality so platted anddedicated for cemetery purposes, shall be exempt from taxation, assessment,lien, attachment, and from levy and sale upon execution, except for thepurchase price thereof.

 

35-8-105. Prohibited acts; penalty for violation.

 

Anyperson, firm, or the managing officer or officers of any corporation ormunicipality that sells, contracts for sale, or in any other manner disposes ofany lot, block or parcel of land for interment or burial of deceased personstherein, either for money or other thing of value, without having complied withall of the provisions of this act, and any person, firm, or the managingofficer or officers of any corporation or municipality that uses any of theproceeds, income, revenue or profits from the sale of any lot, block or parcelof land for the interment or burial of deceased persons therein, for hisprivate gain or benefit, excepting only those operating reserve or endowmentfund cemeteries as provided in this act, shall be deemed guilty of amisdemeanor, and upon conviction thereof such person or firm or the managingofficer or officers of such corporation or municipality shall be fined any sumnot to exceed one hundred dollars ($100.00), or be imprisoned in the countyjail for not to exceed three (3) months, or both.

 

ARTICLE 2 - MUNICIPAL CEMETERIES

 

35-8-201. Power of cities and towns with respect to cemeteries.

 

Inaddition to the powers conferred upon them by law, each incorporated city ortown in the state of Wyoming shall have power and authority to purchase, hold,and pay for lands, not exceeding eighty (80) acres in one (1) body, outside ofthe limits of any incorporated city or town, for the purpose of the burial ofthe dead; to have and exercise such police jurisdiction over the same, and overany cemetery lying near said city or town and used by the inhabitants thereof,as may be necessary for the proper control and regulation of the same; tosurvey, plat, map, grade, fence, ornament, and otherwise improve all burial andcemetery grounds and the avenues or streets leading thereto, owned by the cityor town; to construct walks, rear and protect ornamental trees therein, andprovide for paying the cost thereof; to convey cemetery lots owned by such cityor town, and to issue deeds of conveyance therefor in such form and with suchconditions therein as may be prescribed by the mayor and council of such cityor town, which deeds of conveyance shall be signed by the mayor and attested bythe city clerk of such city or town; to limit the number of cemetery lots whichshall be owned by the same person at the same time; and to prescribe rules forenclosing and adorning cemetery lots, and the erection of monuments andtombstones thereon.

 

35-8-202. Purchase of grounds outside corporate limits.

 

Forthe purpose of carrying out any of the powers conferred by this act, any suchcity or town may go beyond its corporate limits and purchase, or otherwiseacquire, real property.

 

35-8-203. Bond issue; purposes for which issue authorized;denominations, form, interest and issuance.

 

Anincorporated city or town in the state of Wyoming is authorized, for thepurpose of providing funds for purchasing and improving lands for cemeterypurposes, to borrow money and to issue negotiable coupon bonds of the city ortown in an amount not exceeding at one (1) time two percent (2%) of theassessed value of the city or town. The bonds shall be of the denominations asthe city or town council shall determine, which bonds shall be numberedconsecutively from one (1) upward, payable in thirty (30) years from date ofissue, and redeemable at the pleasure of the city or town after ten (10) years,and shall bear interest at a rate determined by the city or town council. Thebonds when issued shall be signed by the mayor and countersigned by the clerkand the treasurer of the city or town but the bonds shall not be sold for lessthan their par value.

 

35-8-204. Bond issue; submission of issue to voters.

 

Nobonds shall be issued for the purpose provided by this article until theproposition to issue the same shall have been submitted to a vote of thequalified electors of the city or town, and by them approved. The propositionshall be submitted at an election called, conducted, canvassed and returned inthe manner provided for bond elections by the Political Subdivision BondElection Law, W.S. 22-21-101 through 22-21-112. The proposition so submitted toa vote of the qualified electors shall specify the amount of the bonds proposedto be issued, the rate of interest, and the purpose for which it is proposed toissue the same. It shall be the duty of the city clerk of the city or town tocause ballots to be prepared, either separately from other ballots in case of aspecial election, or upon other ballots in case of a primary or generalelection, with the words "for cemetery bonds" and "againstcemetery bonds", leaving a place opposite each proposition in which thevoter shall mark his vote for or against the bonds. If, upon a canvass of thevotes upon such proposition, a majority of the votes be for the issue of thebonds, then the mayor and city council are authorized to issue same as providedin this act.

 

35-8-205. Bond issue; cemetery bond tax.

 

Thereshall be annually levied and collected on all taxable property, real, personal,and mixed, within such city or town, a sufficient tax to pay the interest onsaid bonds as the same may become due, and to redeem such bonds as provided inthis article, which tax shall be levied and collected in the same manner asother city or town taxes; said taxes to be known as the "cemetery bondtax", and shall be used for the payment of interest, principal, and theredemption of the bonds so issued, and for no other purpose. And all moneyscollected by such cities or towns from purchasers of cemetery lots, save suchamount as shall be required for the maintenance and improvement of suchcemeteries, shall become part of the cemetery bond fund, and shall be used onlyfor the payment of the principal and interest of the bonds in this act authorizedto be issued.

 

35-8-206. Bond issue; bond register.

 

Thecity or town treasurer shall keep a book in which shall be registered all suchbonds, showing the number of the bond, the date of issue, to whom issued, theamount, the date of redemption, and payment of interest; which book shall beopen to all persons to examine the same during business hours.

 

35-8-207. Bond issue; redemption of bonds.

 

Anycity or town, issuing bonds for the purpose provided in this act, shall eachyear after the tenth year after the issue of said bonds, redeem at leastone-twentieth of the said bonds in the order of their issue.

 

35-8-208. Bond issue; duty of treasurer upon payment.

 

Itshall be the duty of the city or town treasurer, as rapidly as any coupons ofsaid bonds are paid, to cause the word "paid" to be cut in the same,and as rapidly as said bonds are paid to cause the word "paid" to becut in the body of the same.

 

35-8-209. Bond issue; custodian of moneys collected.

 

Thecity or town treasurer shall be custodian of all moneys arising from the saleof bonds issued in pursuance of the authority given by this chapter, and heshall give additional bond, or bonds, for the safekeeping and distributing ofall such funds, as may be provided by the city or town council.

 

35-8-210. Ordinances, rules and regulations.

 

Anysuch city or town is hereby authorized and empowered to enact all ordinancesnecessary to the complete exercise of all the powers in this act granted, andto carry out the same, and is authorized to make all ordinances, rules, andregulations for the protection, maintenance, and improvement of suchcemeteries, and of all property connected therewith, and all streets, avenues,and roads leading to such cemeteries.

 

35-8-211. Application.

 

Thisact shall apply to all cities and towns in the state of Wyoming whetherincorporated by special charter or under general laws, and the taxes hereinprovided for, shall be in addition to all other taxes provided or authorized bylaw.

 

35-8-212. Authority to declare abandoned unoccupied lots; procedure;resale.

 

Anycity, town or special cemetery district may declare abandoned the ownership ofany unoccupied lots or parcels of land in municipally owned cemeteries, createdunder and by virtue of W.S. 35-8-201 through 35-8-211, inclusive, or anyspecial cemetery district whenever there has been no contact with or knowledgeof the owners, heirs, or assigns, as the case may be, of such lots or parcelsfor more than twenty-five (25) years. Prior to declaring such abandonment,notice shall be served by registered mail at the last known address of suchowner, heirs, or assigns. In the event that the address cannot be ascertained,notice shall be given by one (1) publication in the official newspaper of themunicipality or special cemetery district in which the cemetery is located.Said notice shall allow thirty (30) days for the owner, heirs, or assigns toadvise the city or town or special cemetery district of his identity andaddress; and if he does so, the city or town or special cemetery district shallnot declare the abandonment. Upon the failure of the owner, heirs, or assignsto so communicate with the city or town, it may by resolution declare such lotsor parcels abandoned. Thereafter, it may resell such lots or parcels, but shallplace in trust an amount of money equivalent to the original selling price ofsuch lots or parcels for payment to the owner, heirs, or assigns. Said trustfund shall be placed in legal investments, and the interest received therefromshall annually be deposited to the city's or town's general fund or the generalfund of the special cemetery district. Money received from the resale of suchlots and parcels and deposited in said trust fund may be withdrawn by thecities or towns or the special cemetery district and placed in their generalfund if not claimed by the owner, heirs, or assigns within twenty-five (25)years after being so deposited. So long as such lots or parcels remain unsold,the owners, heirs, or assigns may reclaim them by identifying themselves andestablishing their right to such lots or parcels.

 

ARTICLE 3 - SPECIAL CEMETERY DISTRICTS

 

35-8-301. Procedure for proposing establishment of special cemeterydistrict.

 

(a) Repealed by Laws 1998, ch. 115, 5.

 

 

(b) Repealed by Laws 1998, ch. 115, 5.

 

(c) Repealed by Laws 1998, ch. 115, 5.

 

 

(d) Repealed by Laws 1998, ch. 115, 5.

 

 

(e) A special cemetery district may be established under theprocedures for petitioning, hearing and election of special districts as setforth in the Special District Elections Act of 1994.

 

35-8-302. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-303. Body corporate; name and style; powers generally; rules andregulations of trustees.

 

Eachdistrict established is hereby declared to be a body corporate by the name andstyle of the .... cemetery district and the name therefor shall be entered uponthe commissioners' records and shall be selected by the board of countycommissioners of the county in which the greater area of land within thedistrict is located. In the name so selected, the district may hold propertyand be a party to contracts, shall have power to sue and be sued, shall beempowered through its governing board to acquire real and personal property andequipment for cemetery purposes by gift, devise, bequest or purchase and toenter into contracts for the acquisition by purchase or lease of real andpersonal property and equipment; to convey, lease and otherwise dispose of itsproperty for cemetery purposes and as a cemetery district, to establish sinkingfunds for said purposes; to issue bonds for the purchase of real property andimprovements and equipment for the same, for cemetery purposes in the mannerhereinafter provided, and the trustees thereof shall have power to make suchrules and regulations as are necessary for the proper operation of the districtand shall file them with the county clerk for each county in which the districtis located.

 

35-8-304. Election of trustees in newly established districts; terms.

 

Anelection of six (6) trustees shall be held therein at the same time as theelection for formation of the district. Trustees shall serve withoutcompensation to govern the affairs of the district. There shall be electedthree (3) members to serve until the next succeeding district election, andthree (3) members to serve until the second succeeding district election anduntil their successors are elected and qualified.

 

35-8-305. Procedure for election of trustees in previously existingdistricts.

 

Inall such districts existing as of January 1, 1999, the terms of directors shallbe allowed to expire and a vacancy shall be declared and filled pursuant toW.S. 22-29-201 and 22-29-202 until the next regular scheduled subsequentdirector election as provided under W.S. 22-29-112. At that election three (3)trustees shall be elected for four (4) year terms and three (3) for two (2) yearterms.

 

35-8-306. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-307. Repealed by Laws 1994, ch. 99, 3.

 

 

35-8-308. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-309. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-310. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-311. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-312. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-313. Repealed by Laws 1998, ch. 115, 5.

 

 

35-8-314. Administration of finances; assessment and levy of taxes.

 

 

(a) The board of trustees of special cemetery districts shalladminister the finances of such districts according to the provisions of theUniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-124, andfile a report as provided by W.S. 9-1-507. The assessor shall at the time ofmaking the annual assessment of his district also assess the property of eachspecial cemetery district in his county and return to the county assessor atthe time of returning the assessment schedules, separate schedules listing theproperty of each such district assessed by him. The separate schedules shall becompiled by the county assessor, footed and returned to the board of countycommissioners as provided for other assessment schedules.

 

(b) The board of county commissioners, at the time of makingthe levy for county purposes shall levy a tax for that year upon the taxableproperty in such district in its county for its proportionate share based onassessed valuation of the estimated amount of funds needed by each such district,but in no case shall the tax for such district exceed in any one (1) year theamount of three (3) mills on each dollar of assessed valuation of suchproperty. The taxes and assessments of all special cemetery districts shall becollected by the county collector at the same time and in the same manner asstate and county taxes are collected, provided, however, said assessment andtax levied under provisions of this act shall not be construed as being a partof the general county mill levy.

 

35-8-315. Tax exemption.

 

Theproperty of such cemetery districts shall be exempt from taxation.

 

35-8-316. Bond issue; question of issuance to be submitted toelectors; amount and interest.

 

Theboard of trustees of any cemetery district may, whenever a majority thereof sodecide, request the board of county commissioners to submit to the electors ofthe district the question whether the board of trustees shall be authorized toissue the coupon bonds of the district in a certain amount, not to exceed twopercent (2%) of the assessed value of the taxable property in the district, andbearing a certain rate of interest, payable and redeemable at a certain time,not exceeding twenty-five (25) years for the purchase of real property, for theconstruction or purchase of improvements and for equipment for cemeterypurposes.

 

35-8-317. Bond issue; conduct of election.

 

Theelection authorized under W.S. 35-8-316 shall be called, conducted and theresults thereof canvassed and certified in all respects as near as practicablein the same manner as is provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

35-8-318. Bond issue; issuance; form; advertising for bidders; sale.

 

Ifthe proposal to issue said bonds shall be approved, the board of trustees mayissue such bonds in such form as the board may direct and shall give notice bypublication in some newspaper published in the counties in which said districtis located and in some newspaper of general circulation in the capital of thisstate of its intention to issue and negotiate such bonds, and to invite bidderstherefor; provided that in no case shall such bonds be sold for less than theirfull or par value and the accrued interest thereon at the time of their delivery.And the said trustees are authorized to reject any bids, and to sell said bondsat private sale, if they deem it for the best interests of the district.

 

35-8-319. Bond issue; preparation and execution; certification; to beregistered by county treasurer.

 

Afterascertaining the best terms upon and the lowest interest at which said bondscan be negotiated, the board shall secure the proper engraving and printing andconsecutive numbering thereof, and said bonds shall thereupon be otherwiseproperly prepared and executed. They must bear the signature of the presidentof the board of trustees and be countersigned by the secretary of the board andbear the district seal and be countersigned by the county treasurer of thecounty in which the funds of the district are kept, and the coupons attached tothe bonds must be signed by said president, secretary and county treasurer; andthe secretary of the board shall endorse a certificate upon every such bond,that the same is within the lawful debt limit of such district and is issuedaccording to law and he shall sign such certificate in his official character.When so executed, they shall be registered by the county treasurer where saiddistrict's funds are kept in a book provided for that purpose, which must showthe number and amount of each bond and the person to whom the same is issued.

 

35-8-320. Bond issue; payment guaranteed.

 

Thefull faith and credit of each cemetery district is solemnly pledged for thepayment of the interest and the redemption of the principal of all bonds whichare issued by such district.

 

35-8-321. Bond issue; payment of principal and interest.

 

Thecounty treasurer where said district's funds are kept may pay out of any moneysbelonging to said district tax fund, the interest and the principal upon anybonds issued by such district, when the same becomes due, upon the presentationat his office of the proper coupon or bond, which must show the amount due, andeach coupon must also show the number of the bond to which it belonged, and allbonds and coupons so paid, must be reported to the district trustees at theirfirst regular meeting thereafter.

 

35-8-322. Bond issue; validity.

 

Allcemetery districts heretofore formed and organized under the provisions ofchapter 58 of the Session Laws of Wyoming, 1949, or under the provisions ofchapter 141, Session Laws of Wyoming, 1951, are hereby declared to be dulyorganized and existing cemetery districts; and all bonds heretofore issued andsold for the purpose of providing for the purchase of real property andimprovements and equipment for cemetery purposes, by any cemetery districtestablished under the provisions of chapter 58, Session Laws of Wyoming, 1949,or under the provisions of chapter 141, of the Session Laws of Wyoming, 1951,where the purchase money for such bonds has been actually received and retainedor used for the purpose for which such bonds were sold, are hereby declared tobe the valid and legally binding obligations of such district and allproceedings under which such bonds were issued are approved, ratified anddeclared valid.

 

35-8-323. Districts charged with maintaining existing publiccemeteries.

 

Alldistricts organized under the provisions of this act are charged with the dutyof maintaining existing public cemeteries owned and maintained by incorporatedcities or towns, or otherwise, within the boundaries of the district; and suchmaintenance shall be as nearly uniform as possible.

 

35-8-324. Cemeteries in cities and towns in conflict with specialcemetery district.

 

Noincorporated city or town which is or may be included within the boundaries ofa special cemetery district organized under the laws of the state of Wyoming,shall purchase, establish, operate, maintain, improve or support a cemetery orcemetery grounds for a period of more than one (1) year after the formation ofsuch cemetery district or for a period of more than two (2) months after theeffective date of this act, whichever shall be later.

 

ARTICLE 4 - VAULTS, CRYPTS AND MAUSOLEUMS

 

35-8-401. Definitions.

 

 

(a) As used in this act:

 

(i) "Columbarium" means any building, structure orany part of a building or structure which is used for the interment of crematedhuman remains;

 

(ii) "Community vault, crypt, columbarium, mausoleum orstructure" means one constructed for the purpose of containing the bodiesor remains of more than six (6) dead human beings;

 

(iii) "State department of health" means the statedepartment of health created by W.S. 9-2-101;

 

(iv) "State insurance commissioner" means theinsurance commissioner of Wyoming appointed under W.S. 26-2-102;

 

(v) "This act" means W.S. 35-8-401 through 35-8-407.

 

35-8-402. Regulations and specifications generally; application tocertain columbariums.

 

 

(a) No person, firm, partnership, association, company orcorporation shall construct any community vault, crypt, columbarium ormausoleum, wholly or partially above the surface of the ground, to be used tocontain the body or remains of any dead human being unless the same shall belocated within the confines of an established cemetery containing not less thanfive (5) acres, which cemetery shall have been in existence and operation for aperiod of at least five (5) years immediately preceding the time of theerection thereof, nor until plans and specifications therefor shall be approvedby the state board of health [department of health]. Such plans and specificationsshall set forth the sections, halls, rooms, corridors, elevators or othersubdivisions thereof, with their descriptive names and numbers, and shallprovide:

 

(i) That such structure be so arranged that any vault, cell,niche or crypt may be readily examined at any time by any person authorized bylaw to do so;

 

(ii) That suitable provision be made for permanently sealingeach crypt or cell after the placing of any body therein, and in such mannerthat no fluid may escape therefrom;

 

(iii) That the foundation shall extend below the frost line andshall be of reinforced construction;

 

(iv) That the exterior walls and roof shall be constructed ofgranite or marble and shall not be less than six (6) inches in thickness;

 

(v) That exterior doors shall be constructed of bronze oraluminum alloys or any other material or alloy of similar properties;

 

(vi) That interiors shall be constructed of granite, marble,slate, sandstone or limestone;

 

(vii) That the structure shall contain adequate provision fordrainage and ventilation;

 

(viii) That the structure shall be so constructed as to insure itsbeauty, durability and permanence, as well as the safety, convenience, comfortand health of the community in which it is located, as dictated and determinedat the time by modern mausoleum construction and engineering science.

 

(b) The person making application shall file a certificate ofsuch approval, signed by the state health officer, with a copy of such plansand specifications, in the office of the county clerk of the county whereinsuch structure is to be erected, and such clerk shall retain the same on file.No crypt, room or niche in any community mausoleum, columbarium or structureshall be sold or offered for sale until such structure shall be entirelycompleted.

 

(c) This act shall not apply to any columbarium owned by or fora church if it is less than one-half (1/2) acre in size and is locatedimmediately contiguous to or is part of the church facility, perpetually caredfor and the maintenance of the columbarium is insured by a trust fund meetingthe requirements of W.S. 35-8-404. If the church relocates, it shall relocateall urns and remains placed within the columbarium. Any violation of thissubsection is subject to the penalty imposed under W.S. 35-8-407.

 

35-8-403. Supervision of inspector required in erecting structure;compliance with requirements for perpetual care and maintenance.

 

Suchstructure shall be erected under the supervision of an inspector to beappointed by the state department of health, which shall determine the amountof his compensation, and the compensation shall be paid by the person,partnership, firm, association, company or corporation erecting the same. Nocommunity vault, crypt, niche, mausoleum, columbarium or structure, and noaddition or alteration thereof, shall be used for the purpose of interringtherein a body or the remains of a deceased human being until the person,partnership, association, company, firm or corporation operating such structureshall have obtained from the department of health a certificate, signed by thestate health officer, certifying that the plans and specifications filedpursuant to the provisions of W.S. 35-8-401 and 35-8-402 have been compliedwith, and from the state insurance commissioner a certificate certifying thatthe requirements for a perpetual care and maintenance fund set forth in W.S.35-8-404 have been complied with, which certificates shall be filed in theoffice of the county clerk of the county wherein the community vault, crypt,niche, mausoleum, columbarium or structure is located.

 

35-8-404. Perpetual care and maintenance trust fund.

 

 

(a) Before any cell, vault, crypt, room or niche in anycommunity mausoleum or columbarium shall be sold, the person, firm,partnership, association, company or corporation operating the same shall firstdeposit the sum of ten thousand dollars ($10,000.00) in an institution acceptableto the insurance commissioner, which sum shall be designated as a perpetualcare and maintenance trust fund and the income therefrom shall be used for thepreservation and upkeep of the mausoleum or columbarium. The insurancecommissioner shall regularly audit the fund and shall be empowered to formulateand establish regulations governing the fund and its trustee, which regulationsshall be designed to insure the permanence and security of the fund. In theevent that sales of cells, vaults, crypts, rooms or niches exceed the sum offifty thousand dollars ($50,000.00) the person, firm, partnership, association,company or corporation operating the mausoleum or columbarium shall deposit thefollowing percentages of all sales exceeding that amount in the perpetual caretrust fund, which additional sums shall be subject to the same regulations asthe original deposit:

 

(i) Twenty percent (20%) of the proceeds received from the saleof each cell, vault, crypt, room or niche; provided, however, that the depositfrom the sale of a crypt shall not be less than the sum of one hundred dollars($100.00) regardless of the sale price thereof;

 

(ii) Twenty percent (20%) of each payment or installmentreceived from the sale of every cell, vault, crypt, room or niche in the eventthat a sale is made on a payment or installment plan; provided, however, thatthe total amount deposited from the sale of any crypt on the payment orinstallment plan shall not be less than the sum of one hundred dollars($100.00) regardless of the sale price or the amount of the payment orinstallment.

 

(b) In the event that any person, firm, partnership, association,company or corporation operating a community mausoleum, columbarium orstructure shall fail to continue the active management thereof, the trustee ofthe perpetual care and maintenance fund established therefor shall continue toadminister the fund subject to audit and regulation by the insurancecommissioner and disburse the income for the care and maintenance of themausoleum or columbarium; provided, however, that the district judge may, uponapplication made by the county attorney of the county in which the mausoleum orcolumbarium is located, and good cause shown, order the appointment of asuccessor trustee and/or disbursement of the principal or interest of the fund.

 

35-8-405. Removal of body from vault constituting menace to publichealth; reinterment; cost; construction contrary to W.S. 35-8-401 through35-8-407 deemed nuisance; enjoining.

 

Whenany mausoleum, vault, crypt or structure containing one (1) or more deceasedhuman bodies, shall, in the opinion of the state department of health, become amenace to public health, and the owner or owners shall fail to remedy or removethe same to the satisfaction of the department, the judge of any district courtof the state of Wyoming may, upon application by the county attorney of thecounty in which it is located, order the person, firm, partnership,association, company or corporation owning the structure to remove the deceasedbody or bodies for interment in some suitable cemetery at the expense of theperson, firm, partnership, association, company or corporation owning themausoleum, vault or crypt. If no person, firm, partnership, association,company or corporation can be found in the county where the mausoleum, vault orcrypt is located, the removal and interment shall be at the expense of thecemetery, city, town or county within which the mausoleum, vault or crypt islocated, or of the cemetery association in charge of any such cemetery,provided, however, that if there is a perpetual care and maintenance fund inexistence for the care of the mausoleum, vault, crypt or structure, the expenseincident thereto may be defrayed from the principal of the fund by order of thedistrict judge. Any columbarium or mausoleum maintained or constructed contraryto the provisions of this act shall be deemed a public nuisance, and may beenjoined in an action brought by any taxpayer of this state in the districtcourt.

 

35-8-406. Rules and regulations.

 

Thestate department of health and the insurance commissioner are hereby empoweredand directed to make such rules and regulations as shall in their judgment benecessary for the carrying out of the provisions of this act, which regulationsshall have the force and effect of law.

 

35-8-407. Penalty.

 

Anyperson, officer, manager or agent of any firm, partnership, association,company or corporation who violates any provisions of this act shall be finednot more than seven hundred fifty dollars ($750.00), imprisoned not more thansix (6) months, or both.

 

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