Missouri Statute | Act | Code |Public Health And Welfare| US Code - US Statute

Any town, city, village or county in the state of Missouri may
purchase, receive and hold real estate within such city, town, village or
county for the burial of the dead, and may lease, sell or otherwise
dispose of the same. The council of such cities, towns and villages or
county commissioners may make rules and pass ordinances or orders
imposing penalties and fines not exceeding one thousand dollars,
regulating, protecting and governing cemeteries within such cities,
towns, villages, and counties, the owners of lots therein, visitors
thereto, and punishing trespassers thereon. (RSMo 1939 § 15277, A.L. 1990
H.B. 1079)

Prior revisions: 1929 § 14068; 1919 § 1092; 1909 § 1314

Any town, city or village in the state of Missouri which now
owns or may hereafter acquire any cemetery, may by ordinance establish a
fund for the preservation, care, upkeep and adornment of such cemetery,
such fund to be known as "Perpetual Care Cemetery Fund", and may accept
and acquire by gift or donation, money or funds to be placed to the
credit of such perpetual care cemetery fund. Such town, city or village
may also deposit in such fund a portion of the income derived from the
sale of lots in such cemetery as shall be determined by ordinance of such
town, city or village. Such moneys and funds so placed in such perpetual
care cemetery fund shall be invested from time to time in bonds of the
United States government or of the state of Missouri, or may be placed in
any bank or savings and loan association which is authorized to do
business in this state so long as the funds so deposited are* protected
by federal deposit insurance. The income therefrom shall be expended by
such town, city or village for the preservation, care, upkeep and
adornment of such cemetery, for the repurchasing of cemetery lots
previously sold, and for no other purpose whatsoever. The principal of
said perpetual care cemetery fund shall not be encroached upon for any
purpose whatsoever and no money shall be transferred out of such
perpetual care cemetery fund except for the purposes of being invested as
provided for in this section and for the repurchasing of cemetery lots
previously sold. The city council of the various towns, cities or
villages which shall establish such perpetual care cemetery fund shall by
ordinance accept any gift or donation to such fund, and shall by said
ordinance direct the treasurer of said town, city or village to place
such money or funds to the credit of such perpetual care cemetery fund.
Such city council shall have all the necessary authority by ordinance to
invest such funds as provided for in this section. (L. 1949 p. 234 §
15277a, A.L. 1965 p. 364, A.L. 1988 H.B. 1550)

*Word "or" appears in original rolls.

The cemetery lots owned by such county, city, town or village
shall be conveyed by deed signed by the mayor or presiding commissioner
of said county, city, town or village, duly attested by the clerk of such
county, city, town or village, or other officer performing the duties of
clerk, and shall vest in the purchaser, his or her heirs and assigns, a
right in fee simple to such lot for the sole purpose of interment
pursuant to the regulations of the council or commission, except that
such fee simple right may be revested in the county, city, town or
village pursuant to section 214.035. (RSMo 1939 § 15278, A.L. 2001 H.B.
408)

Prior revisions: 1929 § 14069; 1919 § 1093; 1909 § 1315

1. For purposes of this section, the term "lot owner" means the
purchaser of the cemetery lot or such purchaser's heirs, administrators,
trustees, legatees, devisees, or assigns.

2. Whenever a county, city, town or village has acquired real estate for
the purpose of maintaining a cemetery or has acquired a cemetery from a
cemetery association, and such county, city, town or village or its
predecessor in title has conveyed any platted lot or designated piece of
ground within the area of such cemetery, and the governing body of such
county, city, town or village is the governing body of such cemetery
pursuant to section 214.010, the title to any conveyed platted lots or
designated pieces of ground, other than ground in which dead human
remains are actually buried and all ground within two feet thereof, may
be revested in the county, city, town or village in the following manner
and subject to the following conditions:

(1) No interment shall have been made in the lot and the title to such
lot shall have been vested in the present owner for a period of at least
fifty years prior to the commencement of any proceedings pursuant to this
section;

(2) If the lot owner of any cemetery lot is a resident of the county
where the cemetery is located, the governing body shall cause to be
served upon such lot owner a notice that proceedings have been initiated
to revest the title of such lot in the county, city, town or village and
that such lot owner may within the time provided by the notice file with
the clerk or other officer performing the duties of clerk of such county,
city, town or village, as applicable, a statement in writing explaining
how rights in the cemetery lot were acquired and such person's desire to
claim such rights in the lot. The notice shall be served in the manner
provided for service of summons in a civil case and shall provide a
period of not less than thirty days in which the statement can be filed.
If the governing body ascertains that the statement filed by the lot
owner is correct and the statement contains a claim asserting the rights
of the lot owner in the lot, all proceedings by the governing body to
revest title of the lot in the county, city, town or village shall be
null and void and such proceedings shall be summarily terminated by the
governing body as to the lots identified in the statement;

(3) If it is determined by the return of the sheriff of the county in
which the cemetery is located that the lot owner is not a resident of the
county and cannot be found in the county, the governing body may cause
the notice required by subdivision (2) of this subsection to be published
once each week for two consecutive weeks in a newspaper of general
circulation within the county, city, town or village. Such notice shall
contain a general description of the title revestment proceedings to be
undertaken by the governing body pursuant to this section, lot numbers
and descriptions and lot owners' names. In addition, the notice shall
notify the lot owner that such lot owner may, within the time provided,
file with the clerk or other officer performing the duties of a clerk a
statement setting forth how such lot owner acquired rights in the
cemetery lot and that such lot owner desires to assert such rights. If
the governing body ascertains that the statement filed by the lot owner
is correct and the statement contains a claim asserting the rights of the
lot owner in the lot, all proceedings by the governing body to revest
title to the lot in the county, city, town or village shall be null and
void and such proceedings shall be summarily terminated by the governing
body as to the lots identified in the statement;

(4) All notices, with proofs of service, mailing and publication of such
notices, and all ordinances or other resolutions adopted by the governing
body relative to these revestment proceedings shall be made a part of the
records of such governing body;

(5) Upon expiration of the period of time allowed for the filing of
statements by lot owners as contained in the notice served personally, by
mail or published, all parties who fail to file with the clerk, or other
officer performing the duties of clerk in such county, city, town or
village, their statement asserting their rights in the cemetery lots
shall be deemed to have abandoned their rights and claims in the lot, and
the governing body may bring an action in the circuit court of the county
in which the cemetery is located against all lot owners in default,
joining as many parties so in default as it may desire in one action, to
have the rights of the parties in such lots or parcels terminated and the
property restored to the governing body of such cemetery free of any
right, title or interest of all such defaulting parties or their heirs,
administrators, trustees, legatees, devisees or assigns. Such action in
all other respects shall be brought and determined in the same manner as
ordinary actions to determine title to real estate;

(6) In all such cases the fact that the grantee, holder or lot owner has
not, for a term of more than fifty successive years, had occasion to make
an interment in the cemetery lot and the fact that such grantee, holder
or lot owner did not upon notification assert a claim in such lot,
pursuant to this section, shall be prima facie evidence that the party
has abandoned any rights such party may have had in such lot;

(7) A certified copy of the judgments in such actions quieting title may
be filed in the office of the recorder of deeds in and for the county in
which the cemetery is situated;

(8) All notices and all proceedings pursuant to this section shall
distinctly describe the portion of such cemetery lot unused for burial
purposes and the county, city, town or village shall leave sufficient
ingress to, and egress from, any grave upon the lot, either by duly
dedicated streets or alleys in the cemetery, or by leaving sufficient
amounts of the unused portions of the cemetery for such purposes;

(9) This section shall not apply to any lot in any cemetery where a
perpetual care contract has been entered into between such cemetery, the
county, city, town or village and the owner of such lot;

(10) Compliance with the terms of this section shall * fully revest the
county, city, town or village with, and divest the lot owner of record
of, the title to such portions of such cemetery lot unused for burial
purposes as though the lot had never been conveyed to any person, and
such county, city, town or village shall have, hold and enjoy such
unclaimed portions of such lots for its own uses and purposes, subject to
the laws of this state, and to the charter, ordinances and rules of such
cemetery and the county, city, town or village. (L. 2001 H.B. 408)

*Word "as" appears in original rolls.

1. Every person or association which owns any cemetery in which
dead human remains are or may be buried or otherwise interred, except a
private or family cemetery, shall cause to be maintained in an office in
the cemetery, or in an office within a reasonable distance of the
cemetery, a plat of such cemetery showing the entire area and location of
the cemetery, the portion thereof which is formally dedicated for the
burial of dead human remains, all burial lots or interment spaces, and
all walks, roads, improvements and features. The cemetery operator shall
cause the plat to be updated from time to time as is necessary to cause
the plat to remain current.

2. The cemetery operator shall also cause to be maintained at such office
a record of the owner of each burial lot or interment space described in
the current plat of the cemetery and a record of all dead human remains
buried or interred at the cemetery, which record shall include the name
of each deceased person buried or interred at the cemetery, the date of
burial or interment, the location of burial or interment and, if known,
the name and address of the funeral director who provided the memorial
service or other final arrangements for the deceased person. The cemetery
operator shall cause reasonable assistance to be provided to burial lot
or interment space owners in locating their lots or spaces and to the
family or other interested persons in locating the place of burial or
interment of deceased persons whose remains are buried or interred in the
cemetery. (RSMo 1939 § 15261, A.L. 1990 H.B. 1079)

Prior revisions: 1929 § 14052; 1919 § 1080; 1909 § 1302

(1959) The fact that the purchaser's name was not placed upon the plat of
the cemetery lot as required by this section does not cause the purchaser
to lose title to the lot. The burden of placing the name on the plat was
upon the owner of the cemetery and not upon the purchaser. Billings v.
Paine (Mo.), 319 S.W.2d 653.

No road shall be constructed in any cemetery over a burial lot
in which dead human remains are buried. Temporary access routes over
burial lots may be used in the operation or maintenance of the cemetery
or used in the construction of cemetery improvements or features. This
section shall not apply to private or family cemeteries, as described in
section 214.090. (L. 1990 H.B. 1079)

The county commissions of the several counties of this state are
hereby vested with power to vacate any streets, avenues, thoroughfares or
places heretofore dedicated, or which may hereafter be dedicated to
public use in any cemeteries located within the respective borders of
such counties. (RSMo 1939 § 15272)

Prior revision: 1929 § 14063

Whenever it is desired to have any street, avenue, thoroughfare
or place in any cemetery vacated, the corporation, association or person
owning or controlling such cemetery shall present to the county
commission of the county within which such cemetery is located, at a
regular or adjourned term of such commission, a petition praying for such
vacation, particularly describing the street, avenue, thoroughfare or
place sought to be vacated, and shall file with such petition proof that
notice of the filing of such petition has been given for at least twenty
days by at least three printed or written notices posted in public places
in such cemetery, at least one of which shall be posted in each street,
avenue, thoroughfare or place sought to be vacated, and published in some
newspaper, if such there be, published in the town or city in which or
adjacent or approximate to which such cemetery is located. If a
remonstrance signed by any three lot owners of such cemetery
remonstrating against granting the prayer of such petition be filed on or
before the first day of the term at which such petition is filed, then
the county commission shall inform itself as to the propriety of granting
such petition, and if the commission be of the opinion that the petition
should be granted, or if no remonstrance be so filed, the county
commission shall make an order vacating the streets, avenues,
thoroughfares and places as prayed for in the petition, and the title to
the lands so vacated shall revert to the corporation, association or
person by whom the cemetery was platted or to the successors of such
corporation, association or person. (RSMo 1939 § 15273)

Prior revision: 1929 § 14064

Wherever in sections 214.050 and 214.060 the term "street",
"avenue", "thoroughfare" or "place" is used, the same shall be construed
to mean any tract of land or part thereof in any cemetery set aside by
plat or otherwise for the general use of the public, and shall include
the plural of such term. (RSMo 1939 § 15274)

Prior revision: 1929 § 14065

Whenever it shall become absolutely necessary to enlarge any
public burial ground or cemetery, and when the public, to the number of
five or more persons, interested in the enlargement of said burial
grounds or cemetery, and the owner or owners of the adjoining land,
cannot agree as to the price to be paid for the same, or for any other
cause cannot secure a title thereto, the public, to the number of five or
more persons, may proceed to condemn the same, in the same manner as
provided by law for condemnation, appropriation and valuation, in cases
of lands taken for telegraph and railroad purposes; and on such
condemnation, and the payment of the appraisement as therein provided,
the title of such land shall vest in the public for the purposes and uses
only for which it was taken. (RSMo 1939 § 15275)

Prior revisions: 1929 § 14066; 1919 § 1088; 1909 § 1310

Any person desirous of securing family burying ground or
cemetery on his or her lands, may convey to the county commission of the
county in which the land lies any quantity of land not exceeding one
acre, in trust for the purpose above mentioned, the deed for which to be
recorded within sixty days after the conveyance; and such grounds, when
so conveyed, shall be held in perpetuity as burying grounds or cemeteries
for the use and benefit of the family and descendants of the person
making such conveyance. (RSMo 1939 § 15262)

Prior revisions: 1929 § 14053; 1919 § 1081; 1909 § 1303

The cost of the prosecution under the provisions of this
chapter, and all other costs necessarily incurred in superintending and
protecting such burying grounds or cemeteries, shall be a charge upon the
owners, for the time being, of the tracts of land of which such grounds
were formerly a part, and shall be collected as other costs in actions
for trespass. (RSMo 1939 § 15265)

Prior revisions: 1929 § 14056; 1919 § 1084; 1909 § 1306

It shall be lawful for the county commission of any county in
which any family burying ground or cemetery, conveyed as aforesaid to
said commission, is situated, to take and hold any grant or bequest of
money or bonds of the United States, or of this state, or of such county,
in trust, and to apply the same or the income thereof for the improvement
of any such family burying ground or cemetery, or any portion thereof, or
in the erection, extension, adornment or preservation of any tomb,
monument, vault or grave, within such burial ground or cemetery,
according to the terms of any such grant or bequest, but for no other
use, trust or purpose whatever; and every incorporated cemetery company
is also hereby authorized and empowered to take and hold any like grant
or bequest in trust, and to apply the same, or the income thereof, under
the direction of the board of trustees or directors of such cemetery
company, for the improvement of such cemetery, or any portion thereof, or
in the erection, extension, adornment or preservation of any tomb,
monument, vault or grave within such cemetery, according to the terms of
any such grant or bequest, but for no other use, trust or purpose
whatever. Any court having equity jurisdiction within the county in which
such family burying ground or cemetery is situated, shall have power and
it shall be its duty to compel the performance of any such trust upon the
application of any person whatever. (RSMo 1939 § 15267)

Prior revisions: 1929 § 14058; 1919 § 1087; 1909 § 1309

Every person who shall knowingly destroy, mutilate, disfigure,
deface, injure or remove any tomb, monument or gravestone, or other
structure placed in any abandoned family cemetery or private burying
ground, or any fence, railing, or other work for the protection or
ornamentation of any such cemetery or place of burial of any human being,
or tomb, monument or gravestone, memento, or memorial, or other structure
aforesaid, or of any lot within such cemetery is guilty of a class A
misdemeanor. For the purposes of this section and subsection 1 of section
214.132, an "abandoned family cemetery" or "private burying ground" shall
include those cemeteries or burying grounds which have not been deeded to
the public as provided in chapter 214, and in which no body has been
interred for at least twenty-five years. (L. 1987 H.B. 60 § 1)

1. Any person who wishes to visit an abandoned family cemetery
or private burying ground which is completely surrounded by privately
owned land, for which no public ingress or egress is available, shall
have the right to reasonable ingress or egress for the purpose of
visiting such cemetery. This right of access to such cemeteries extends
only to visitation during reasonable hours and only for purposes usually
associated with cemetery visits.

2. The sheriff or chief law enforcement officer of the county in which
the abandoned family cemetery or private burying ground is located shall
enforce the provisions of subsection 1 of this section.

3. Nothing in section 214.131 and this section shall be construed to
limit or modify the power or authority of a court in any action of law or
equity to order the disinterment and removal of the remains from a
cemetery and interment in a suitable location. (L. 1987 H.B. 60 §§ 2, 3,
A.L. 1997 S.B. 58)

It shall be lawful for any grantor, devisor, donor or trustee to
give, grant, devise, bequeath or place in trust any real or personal
property, or the income therefrom, for the use and benefit of any public
or private cemetery in this state or for the grading, seeding, sodding,
mowing, or otherwise maintaining, improving or beautifying of any grave,
lot, stone, monument or mausoleum in any such cemetery, and any person,
association or corporation duly authorized and capable of qualifying as
trustee is hereby authorized and empowered to receive and hold any such
real or personal property, or the income therefrom, and expend the same
for any or all such uses and purposes, under the terms and conditions of
any such gifts, grant, devise, bequest or trust. (RSMo 1939 § 15279)

Prior revisions: 1929 § 14070; 1919 § 1094

The county commissions of the respective counties of this state
shall become trustees and custodians of any fund or funds which may be
created by any person or persons, firm or corporation, for the purpose of
maintaining in part or in whole any public or private cemetery in their
respective county. When a gift or bequest is made to said county
commission they shall accept the same upon the terms and conditions of
said gift or bequest and administer said trust fund as herein provided
and make report to the circuit court annually showing in detail the
manner in which said trust fund or funds have been managed. (RSMo 1939 §
15268)

Prior revision: 1929 § 14059

(1957) Sections 214.150 to 214.180 authorize but do not compel county
courts to act as trustees and custodians of trust funds for maintenance
of cemeteries and such courts are required to administer such funds only
when so designated by the trustor. Powers v. Johnson (A.), 306 S.W.2d 616.

The county commission shall invest or loan said trust fund or
funds only in United States government, state, county or municipal bonds,
or first real estate mortgages or deeds of trust. They shall use the net
income from said trust fund or funds or so much thereof as is necessary
to support and maintain and beautify any public or private cemetery or
any particular part thereof which may be designated by the person,
persons or firm or association making said gift or bequest. In
maintaining or supporting the cemetery or any particular part or portion
thereof the commission shall as nearly as possible follow the expressed
wishes of the creator of said trust fund. (RSMo 1939 § 15269)

Prior revision: 1929 § 14060

Any responsible organization or individual, who is directly
interested in a particular cemetery, who is willing to undertake the
administration of the income from all trusts and gifts to this particular
cemetery shall be designated by the commission to administer the said
income and shall make an annual report to the commission. Any time the
organization or individual so appointed fails to maintain and beautify
said cemetery in keeping with the income, the commission shall appoint
some other organization or individual to administer the aforesaid income.
Where there is no responsible organization or individual, that is willing
to undertake the administration of the said income from the trusts or
gifts to any particular cemetery, the commission shall administer same,
or appoint some organization or individual, who is responsible to
administer the same, making the said annual report to the commission. The
commission shall retain five percent of the incomes from all trusts and
gifts to create a fund to reimburse any trust or gift which has a loss.
The commission shall have authority to increase or decrease the said five
percent as may be necessary to keep all trusts and gifts intact. (RSMo
1939 § 15270)

Prior revision: 1929 § 14061

The clerk of the commission shall keep in a separate record book
all receipts and disbursements of each and every trust fund or funds and
a detailed account of the management of the same. (RSMo 1939 § 15271)

Prior revision: 1929 § 14062

Lands or property, set apart as burial grounds, either for
public or private use, and so recorded in the recorder's office of the
county where such lands are situated, or any burial ground that may have
been used as such for ten years shall not be subject to sale on
execution, to dower, nor to compulsory partition; provided, that the
lands so appropriated and set apart as a private burial ground shall not
exceed one acre in area or one hundred dollars in value; and provided
further, that nothing contained in this section shall be so construed as
to exempt any such burial ground or cemetery property from being liable
for special assessments for street improvements, when such assessment is
levied by an incorporated city in this state. (RSMo 1939 § 15266)

Prior revisions: 1929 § 14057; 1919 § 1086; 1909 § 1308

When lands shall have been continuously used as a public or
private burial ground for a period of ten years or more and such land has
not been deeded to the public for the purpose of a burial ground, a title
may be obtained to such lands in the way and manner as is provided for
the enlargement of burial grounds in section 214.080. (RSMo 1939 § 15276)

Prior revisions: 1929 § 14067; 1919 § 1089; 1909 § 1311

1. If any cemetery not described in section 214.090 is found to
be in violation of a city, town, village or county nuisance ordinance for
failure to cut grass or weeds, or care for graves, grave markers, walls,
fences, driveways or buildings, the governing body of such city, town,
village or county shall be authorized to take those actions necessary to
restore and maintain the cemetery, and the governing body shall be
authorized to charge the expenses of such actions against the cemetery.
If actions are taken by a city, town, village or county pursuant to this
subsection, the city, town, village or county may assess all true costs
of restoration, maintenance and operation against any responsible person,
partnership or corporation whether such person, partnership or
corporation is a lessee, lessor, equitable title holder or legal title
holder to the unmaintained cemetery. Any city, town, village or county
which assesses costs pursuant to this section reserves the right to
pursue any and all legal, equitable or criminal remedies to collect such
assessed costs. Any city, town, village or county which pursues a civil
remedy pursuant to this section may employ independent attorneys and law
firms to collect the costs of restoration, maintenance and operation of
any unmaintained cemetery.

2. As used in this section, the term "abandoned cemetery" means any
cemetery, except one described in section 214.090, in which, for a period
of at least one year, there has been a substantial failure to cut grass
or weeds or care for graves, grave markers, walls, fences, driveways and
buildings or for which proper records have not been maintained pursuant
to section 214.340. Whenever the attorney general determines the
existence of an abandoned cemetery in this state, the attorney general
shall immediately proceed to dissolve the cemetery corporation owning the
same. Upon the dissolution of such corporation, title to all property
owned by the cemetery corporation shall vest in the municipality or
county in which the cemetery is located, and the endowed care fund,
together with all investments then outstanding, and all books, records
and papers of such corporation shall be transferred to the treasurer of
such municipality or county and shall become the property thereof. Upon
the transfer of such property and funds, the governing body of such
municipality or county shall care for and maintain such cemetery with any
moneys of the cemetery corporation, including the principal of and income
from the endowed care funds, and, if such moneys are insufficient to
properly maintain such cemetery, then it may use funds of the
municipality or county.

3. In addition to those powers granted the attorney general in subsection
2 of this section, every municipality or county in which any abandoned
cemetery is located may acquire through its power of eminent domain such
cemetery, together with all endowed care funds, maintenance equipment,
books and records, accounts receivable and other personal property used
or created in the operation of the cemetery and owned or controlled by
the person or association which owns the cemetery. The municipality or
county shall acquire the cemetery and related property subject to the
rights of owners of burial lots or other interment spaces. Upon so
acquiring the cemetery and related property, the acquiring municipality
or county shall operate and maintain the cemetery as a public cemetery.
The municipality or county which so acquires an abandoned cemetery shall
not be liable for any act or transaction which occurred prior to such
acquisition, including, without limitation, any obligation to third
parties or incorrect lot ownership or burial records. (L. 1990 H.B. 1079)

CROSS REFERENCE:

Cemeteries acquired by St. Louis City pursuant to this section may be
sold, to whom, RSMo 214.500

(2001) County's acquisition of abandoned cemetery free and clear of
existing liens constituted an uncompensated taking of the lienholder's
property. State ex rel. Nixon v. Jewell, 70 S.W.3d 465 (Mo.App. E.D.).

1. Every person or association which owns any cemetery in which
dead human remains are buried or otherwise interred is authorized, at the
cemetery owner's expense, to disinter individual remains and reinter or
rebury the remains at another location within the cemetery in order to
correct an error made in the original burial or interment of the remains.

2. Every person or association which owns any cemetery in which dead
human remains are buried or otherwise interred is authorized to disinter
individual remains and either to reinter or rebury the remains at another
location within the cemetery or to deliver the remains to a carrier for
transportation out of the cemetery, all pursuant to written instructions
signed and acknowledged by a majority of the following adult members of
the deceased person's family who are then known and living: surviving
spouse, children, and parents. If none of the above family members
survive the deceased, then the majority of the grandchildren, brothers
and sisters of whole and half blood may authorize the disinterment,
relocation or delivery of the remains of the deceased. The costs of such
disinterment, relocation or delivery shall be paid by the deceased
person's family.

3. Every person or association which owns any cemetery in which dead
human remains are buried or otherwise interred is authorized to disinter
individual remains and either to reinter or rebury the remains at another
location within the cemetery or to deliver the remains to a carrier for
transportation out of the cemetery, all pursuant to a final order issued
by the circuit court for the county in which the cemetery is located. The
court may issue the order, in the court's discretion and upon such notice
and hearing as the court shall deem appropriate, for good cause shown,
including without limitation, the best interests of public health or
safety, the best interests of the deceased person's family, or the
reasonable requirements of the cemetery to facilitate the operation,
maintenance, improvement or enlargement of the cemetery. The costs of
such disinterment, relocation and delivery, and the related court
proceedings, shall be paid by the persons so ordered by the court.

4. The cemetery owner shall not be liable to the deceased person's family
or to any third party for a disinterment, relocation or delivery of
deceased human remains made pursuant to this section. (L. 1990 H.B. 1079)

1. After a period of seventy-five years since the last recorded
activity on a burial site and after a reasonable search for heirs and
beneficiaries, the burial site shall be abandoned and the right of
ownership in the burial site shall revert to the private or public
cemetery, after the cemetery has met the requirements of this section.

2. A reasonable search for heirs and beneficiaries pursuant to this
section shall include sending a letter of notice to the last known
address of the record property owner; and publishing a copy of the
description of the abandoned burial site in a newspaper qualified to
publish public notices as provided in chapter 493, RSMo, published in the
county of the record property owner's last known address, for three
weeks; and if no person proves ownership of the burial site within one
year after such publication, the burial site shall be deemed abandoned.

3. If persons with a legitimate claim to the abandoned burial site
present themselves after the abandoned burial site has been used or sold
by the private or public cemetery, the person's claim shall be settled by
providing an equal burial site in an equivalent location to the burial
site that reverted to the private or public cemetery. (L. 2001 H.B. 567)

Any city in this state now or hereafter containing a population
of three hundred thousand or more, and less than six hundred thousand
inhabitants according to the now or then last preceding United States
census may, for the purpose of sections 214.210 to 214.230 by ordinance
accept or take over by gift or donation any land within said city used
for cemetery purposes, with or without adjoining or connected land, of
any cemetery corporation or of any unincorporated cemetery association;
or may likewise acquire, accept and take over by gift or donation a
majority of the shares of the members of any said cemetery corporation or
association holding, or having lands so used, sufficient and in manner to
give such city a majority control of such corporation or association and,
through it, control of management of its such lands; or under its power
of eminent domain, to be exercised in the method and manner of procedure
as provided by statutes or by the charter of the city for acquiring land
for park purposes, any such city may acquire any such lands, in whole or
in part, for the purposes expressed in sections 214.210 to 214.230. (RSMo
1939 § 15282)

Any such acquisition of lands or shares shall be subject to all
vested rights of individual owners of the lots or allotted burial spaces
in any such cemetery to continue lawful use thereof for burial purposes
and to have the graves, burial vaults, gravestones and markers and
monuments therein remain inviolate, subject to the right and power of the
city to preserve, care for and reasonably keep the same without
disturbing the remains of the dead therein interred; provided, that when
and after the continuing or making of new or additional interments in any
such cemetery may become detrimental or a menace to the health and safety
of the inhabitants of said city residing or carrying on business or
industry at places adjoining or near to such cemetery, the city may, by
ordinance, declare further interments in any such cemetery to be a public
nuisance and prohibit further interments therein; provided further, that
upon and after any such acquisition no further or additional grants,
sales or gifts of lots or burial spaces or burial rights or privileges in
any such cemetery or adjoining or connected lands of such cemetery
corporation or association shall be made; and new or additional burials
therein shall neither be promoted or encouraged. (RSMo 1939 § 15283)

Every such city, so acquiring any such cemetery lands or shares
and control of such cemetery corporation or association, may likewise at
the same time, or at any other time, accept and acquire by gift or
donation money or funds, the income thereof, and so much of the principal
as the donor may by express terms of the gift provide or permit shall be
expended for the preservation, care, upkeep and adornment of such lands.
Such moneys and funds for income purposes shall be invested from time to
time in interest-bearing bonds of the same classes or kinds, and by the
same city officials, as such city's bond sinking funds are or may be
directed by law to be invested; and the principal sums thereof, except as
permitted by the donor as aforesaid, shall be preserved and kept for
income purposes. If such income revenue should prove insufficient to
provide for the reasonable care and upkeep of the land which, or the
control of which, may be so acquired, the city shall have power to
provide therefor from its general revenue. (RSMo 1939 § 15284)

Such cemetery lands and premises so acquired or the majority
control of which may be acquired, shall by the city be kept and used for
park purposes as a park for rest and contemplation and as may be
reasonably consistent with reverent respect for the last resting places
of the dead. The city may by ordinance provide and enforce rules,
regulations and reasonable restrictions upon the uses thereof for such
park purposes. (RSMo 1939 § 15285)

Before any new burial ground, cemetery or graveyard can be
opened up, established, started or operated in any town, village, city,
county, township, school district or any other political subdivision of
the state, in any county of class one, it shall be necessary first to
obtain a written petition, addressed to the county commission of the
county having jurisdiction thereof, signed by a majority of the assessed
taxpaying citizens and conservators of minors owning property in the
township in which it is proposed to locate such burial ground, cemetery
or graveyard, giving their consent to the opening up of a burial ground,
cemetery or graveyard, which petition shall be filed in the office of the
clerk of the county commission, not less than ten days before the first
day of the term of the commission to which it is to be presented, and
remain on file for public inspection, and the petition by the clerk shall
be laid before the commission at the first term thereafter and in order
to secure a permit it must appear affirmatively that a majority of the
taxpaying citizens and conservators of minors owning property in such
township in which it is proposed to locate the burial grounds, cemetery
or graveyard, have signed the petition, then and in that event only shall
the county commission issue its permission to the person or persons,
association or corporation desiring to establish a burial ground,
cemetery or graveyard; provided, no minor shall be counted on such
petition and that no person or persons to whom any real estate has been
deeded, transferred, conveyed or donated for the purpose of making him,
or her or them, eligible for signing such petition shall be counted for
or against such petition; without first securing permission from the
county commission, it shall be unlawful to open up, establish, start or
operate a new burial ground, cemetery or graveyard; provided further,
that the provisions of this section shall be of no force and effect as to
lots, tracts or parcels of land which have been or may be made available
for use as a cemetery or graveyard by any zoning order. (RSMo 1939 §
15280, A.L. 1945 p. 622, A.L. 1983 S.B. 44 & 45)

Prior revision: 1929 § 14071

Any person, persons, association or corporation who shall
violate the provisions of section 214.250 shall be deemed guilty of a
misdemeanor and upon conviction shall be fined not less than fifty
dollars or more than five hundred dollars and each day said burial
ground, cemetery or graveyard shall remain open in violation of section
214.250, shall constitute a distinct and separate offense, and upon
conviction shall be subject to a separate fine for each day he, she or
they continue to operate and maintain said burial ground, cemetery or
graveyard. (RSMo 1939 § 15281)

Prior revision: 1929 § 14072

As used in sections 214.270 to 214.410, the following terms mean:

(1) "Agent" or "authorized agent", any person empowered by the cemetery
operator to represent the operator in dealing with the general public,
including owners of the burial space in the cemetery;

(2) "Burial space", one or more than one plot, grave, mausoleum, crypt,
lawn, surface lawn crypt, niche or space used or intended for the
interment of the human dead;

(3) "Cemetery", property restricted in use for the interment of the human
dead by formal dedication or reservation by deed but shall not include
any of the foregoing held or operated by the state or federal government
or any political subdivision thereof, any incorporated city or town, any
county or any religious organization, cemetery association or fraternal
society holding the same for sale solely to members and their immediate
families;

(4) "Cemetery association", any number of persons who shall have
associated themselves by articles of agreement in writing as a
not-for-profit association or organization, whether incorporated or
unincorporated, formed for the purpose of ownership, preservation, care,
maintenance, adornment and administration of a cemetery. Cemetery
associations shall be governed by a board of directors. Directors shall
serve without compensation;

(5) "Cemetery operator" or "operator", any person who owns, controls,
operates or manages a cemetery;

(6) "Cemetery service", those services performed by a cemetery owner or
operator licensed pursuant to this chapter as an endowed care cemetery
including setting a monument, setting a tent, excavating a grave, or
setting a vault;

(7) "Columbarium", a building or structure for the inurnment of cremated
human remains;

(8) "Community mausoleum", a mausoleum containing a substantial area of
enclosed space and having either a heating, ventilating or air
conditioning system;

(9) "Department", department of economic development;

(10) "Developed acreage", the area which has been platted into grave
spaces and has been developed with roads, paths, features, or
ornamentations and in which burials can be made;

(11) "Director", director of the division of professional registration;

(12) "Division", division of professional registration;

(13) "Endowed care", the maintenance, repair and care of all burial space
subject to the endowment within a cemetery, including any improvements
made for the benefit of such burial space. Endowed care shall include the
general overhead expenses needed to accomplish such maintenance, repair,
care and improvements. Endowed care shall include the terms perpetual
care, permanent care, continual care, eternal care, care of duration, or
any like term;

(14) "Endowed care cemetery", a cemetery, or a section of a cemetery,
which represents itself as offering endowed care and which complies with
the provisions of sections 214.270 to 214.410;

(15) "Endowed care fund", "endowed care trust", or "trust", any cash or
cash equivalent, to include any income therefrom, impressed with a trust
by the terms of any gift, grant, contribution, payment, devise or bequest
to an endowed care cemetery, or its endowed care trust, or funds to be
delivered to an endowed care cemetery's trust received pursuant to a
contract and accepted by any endowed care cemetery operator or his agent.
This definition includes the terms endowed care funds, maintenance funds,
memorial care funds, perpetual care funds, or any like term;

(16) "Family burial ground", a cemetery in which no burial space is sold
to the public and in which interments are restricted to persons related
by blood or marriage;

(17) "Fraternal cemetery", a cemetery owned, operated, controlled or
managed by any fraternal organization or auxiliary organizations thereof,
in which the sale of burial space is restricted solely to its members and
their immediate families;

(18) "Garden mausoleum", a mausoleum without a substantial area of
enclosed space and having its crypt and niche fronts open to the
atmosphere. Ventilation of the crypts by forced air or otherwise does not
constitute a garden mausoleum as a community mausoleum;

(19) "Government cemetery", or "municipal cemetery", a cemetery owned,
operated, controlled or managed by the federal government, the state or a
political subdivision of the state, including a county or municipality or
instrumentality thereof;

(20) "Grave" or "plot", a place of ground in a cemetery, used or intended
to be used for burial of human remains;

(21) "Human remains", the body of a deceased person in any state of
decomposition, as well as cremated remains;

(22) "Inurnment", placing an urn containing cremated remains in a burial
space;

(23) "Lawn crypt", a burial vault or other permanent container for a
casket which is permanently installed below ground prior to the time of
the actual interment. A lawn crypt may permit single or multiple
interments in a grave space;

(24) "Mausoleum", a structure or building for the entombment of human
remains in crypts;

(25) "Niche", a space in a columbarium used or intended to be used for
inurnment of cremated remains;

(26) "Nonendowed care cemetery", or "nonendowed cemetery", a cemetery or
a section of a cemetery for which no endowed care fund has been
established in accordance with sections 214.270 to 214.410;

(27) "Owner of burial space", a person to whom the cemetery operator or
his authorized agent has transferred the right of use of burial space;

(28) "Person", an individual, corporation, partnership, joint venture,
association, trust or any other legal entity;

(29) "Registry", the list of cemeteries maintained in the division office
for public review. The division may charge a fee for copies of the
registry;

(30) "Religious cemetery", a cemetery owned, operated, controlled or
managed by any church, convention of churches, religious order or
affiliated auxiliary thereof in which the sale of burial space is
restricted solely to its members and their immediate families;

(31) "Surface lawn crypt", a sealed burial chamber whose lid protrudes
above the land surface;

(32) "Total acreage", the entire tract which is dedicated to or reserved
for cemetery purposes;

(33) "Trustee of an endowed care fund", the separate legal entity
appointed as trustee of an endowed care fund. (L. 1961 p. 538 § 2, A.L.
1990 H.B. 1079, A.L. 1994 S.B. 496, A.L. 1996 S.B. 494, A.L. 2002 S.B.
892)

1. No endowed care or nonendowed care cemetery shall be operated
in this state unless the owner or operator thereof has a license issued
by the division and complies with all applicable state, county or
municipal ordinances and regulations.

2. It shall not be unlawful for a person who does not have a license to
care for or maintain the cemetery premises, or to fulfill prior
contractual obligations for the interment of human remains in burial
spaces.

3. Applications for a license shall be in writing, submitted to the
division on forms prescribed by the division. The application shall
contain such information as the division deems necessary and be
accompanied by the required fee.

4. Each license issued pursuant to sections 214.270 to 214.516 shall be
renewed prior to the license renewal date established by the division.
The division shall issue a new license upon receipt of a proper renewal
application and the required renewal fee. The required renewal fee shall
be fifty dollars, plus an assessment for each interment, inurnment or
other disposition of human remains at a cemetery for which a charge is
made, as the division shall by rule determine, not to exceed ten dollars
per such disposition in the case of an endowed care cemetery, and six
dollars for such disposition in the case of a nonendowed care cemetery.
The division shall mail a renewal notice to the last known address of the
holder of the license prior to the renewal date. The holder of a license
shall keep the division advised of the holder's current address. The
license issued to the owner or operator of a cemetery which is not
renewed within three months after the license renewal date shall be
suspended automatically, subject to the right of the holder to have the
suspended license reinstated within nine months of the date of suspension
if the person pays the required reinstatement fee. Any license suspended
and not reinstated within nine months of the suspension shall expire and
be void and the holder of such license shall have no rights or privileges
provided to holders of valid licenses. Any person whose license has
expired may, upon demonstration of current qualifications and payment of
required fees, be reregistered or reauthorized under the person's
original license number.

5. The division shall grant or deny each application for a license
pursuant to this section within ninety days after it is filed, and no
prosecution of any person who has filed an application for such license
shall be initiated unless it is shown that such application was denied by
the division and the owner was notified thereof.

6. Upon the filing of a completed application, as defined by rule, the
applicant may operate the business until the application is acted upon by
the division.

7. Within thirty days after the sale or transfer of ownership or control
of a cemetery, the transferor shall return his or her license to the
division. A prospective purchaser or transferee of a cemetery shall file
an application for a license at least thirty days prior to the sale or
transfer of ownership or control of a cemetery and shall be in compliance
with sections 214.270 to 214.516. (L. 1999 H.B. 343, A.L. 2001 H.B. 567)

1. The division may refuse to issue or renew any license,
required pursuant to sections 214.270 to 214.516 for one or any
combination of causes stated in subsection 2 of this section. The
division shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his or her right to file a
complaint with the administrative hearing commission as provided by
chapter 621, RSMo.

2. The division may cause a complaint to be filed with the administrative
hearing commission as provided in chapter 621, RSMo, against any holder
of any license, required by sections 214.270 to 214.516 or any person who
has failed to surrender his or her license, for any one or any
combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by sections
214.270 to 214.516;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated pursuant to sections 214.270 to 214.516,
for any offense an essential element of which is fraud, dishonesty or an
act of violence, or for any offense involving moral turpitude, whether or
not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
license, issued pursuant to sections 214.270 to 214.516 or in obtaining
permission to take any examination given or required pursuant to sections
214.270 to 214.516;

(4) Obtaining or attempting to obtain any fee, charge or other
compensation by fraud, deception or misrepresentation;

(5) Incompetence, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession regulated by sections 214.270 to 214.516;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 214.270 to 214.516, or any lawful rule or
regulation adopted pursuant to sections 214.270 to 214.516;

(7) Impersonation of any person holding a license or allowing any person
to use his or her license;

(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by sections 214.270 to 214.516 granted
by another state, territory, federal agency or country upon grounds for
which revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by sections 214.270 to 214.516 who
is not registered and currently eligible to practice pursuant to sections
214.270 to 214.516;

(11) Issuance of a license based upon a material mistake of fact;

(12) Failure to display a valid license;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

(15) Willfully and through undue influence selling a burial space,
cemetery services or merchandise.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the
division may singly or in combination, censure or place the person named
in the complaint on probation on such terms and conditions as the
division deems appropriate for a period not to exceed five years, or may
suspend, or revoke the license or permit. No new license shall be issued
to the owner or operator of a cemetery or to any corporation controlled
by such owner for three years after the revocation of the certificate of
the owner or of a corporation controlled by the owner.

4. Operators of all existing endowed care or nonendowed care cemeteries
shall, prior to August twenty-eighth following August 28, 2001, apply for
a license pursuant to this section. All endowed care or nonendowed care
cemeteries operating in compliance with sections 214.270 to 214.516 prior
to August twenty-eighth following August 28, 2001, shall be granted a
license by the division upon receipt of application.

5. The division may settle disputes arising under subsections 2 and 3 of
this section by consent agreement or settlement agreement between the
division and the holder of a license. Within such a settlement agreement,
the division may singly or in combination impose any discipline or
penalties allowed by this section or subsection 4 of section 214.410.
Settlement of such disputes shall be entered into pursuant to the
procedures set forth in section 621.045, RSMo. (L. 1999 H.B. 343, A.L.
2001 H.B. 567)

1. Upon application by the division, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required upon a showing that such acts or practices were
performed or offered to be performed without a certificate of
registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a substantial probability
of serious danger to the health, safety or welfare of any resident of
this state or client or patient of the licensee.

2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.

3. Any action brought pursuant to this section shall be in addition to
and not in lieu of any penalty provided by this chapter and may be
brought concurrently with other actions to enforce this chapter. (L. 1999
H.B. 343)

1. Operators of all existing cemeteries shall, prior to August
twenty-eighth following August 28, 1994, elect to operate each cemetery
as an endowed care cemetery as defined in subdivision (12) of section
214.270 and shall register such intention with the division and remit the
required registration fee or, failing such election, shall operate each
cemetery for which such election is not made as a nonendowed cemetery
without regard to registration fees or penalties. Operators of all
cemeteries hereafter established shall, within ninety days from the
establishment thereof, elect to operate each cemetery as an "endowed care
cemetery", or as a "nonendowed cemetery". Such election for newly
established cemeteries shall be filed with the division, on a form
provided by the division. Any such election made subsequent to August 28,
1994, shall be accompanied by a filing fee set by the division, and such
fee shall be deposited in the endowed care cemetery audit fund as defined
in section 193.265, RSMo. The fee authorized in this subsection shall not
be required from an existing nonendowed cemetery.

2. The division may adopt rules establishing the conditions and
procedures governing the circumstances where an endowed care cemetery
elects to operate as a nonendowed care cemetery. In the event an endowed
care cemetery elects to operate as a nonendowed care cemetery, the
division shall make every effort to require such cemetery to meet all
contractual obligations for the delivery of services entered into prior
to it reverting to the status of a nonendowed cemetery. (L. 1961 p. 538 §
4, A.L. 1994 S.B. 496 § 214.280 subsecs. 1, 2)

The division shall establish and maintain a registry of
cemeteries and the registry shall be available to the public for review
at the division office or copied upon request. The division may charge a
fee for copies of the register.

(1) If, in the course of a land survey of property located in this state,
a surveyor licensed pursuant to chapter 327, RSMo, locates any cemetery
which has not been previously registered, the surveyor shall file a
statement with the division regarding the location of the cemetery. The
statement shall be filed on a form as defined by division rule. No fee
shall be charged to the surveyor for such filing.

(2) Any person, family, group, association, society or county surveyor
may submit to the division, on forms provided by the division, the names
and locations of any cemetery located in this state for inclusion in the
registry. No fee shall be charged for such submissions. (A.L. 1994 S.B.
496 § 214.280 subsec. 3)

Any cemetery operator who within ninety days from the effective
date of sections 214.270 to 214.410 elects to operate a cemetery which
exists on the effective date of sections 214.270 to 214.410 as an endowed
care cemetery or who represents to the public that perpetual, permanent,
endowed, continual, eternal care, care of duration or similar care will
be furnished cemetery property sold, shall before selling or disposing of
any interment space or lots in said cemetery after the date of such
election, establish a minimum endowed care and maintenance fund in cash
in the amount required by section 214.300 unless an endowed care fund is
already in existence to which regular deposits have been made (whether or
not the fund then existing shall be in the minimum amount required under
section 214.300). (L. 1961 p. 538 § 6)

Any cemetery operator may, after October 13, 1961, qualify to
operate a cemetery which has been operated as a nonendowed cemetery for a
minimum of two years, as an endowed care cemetery by

(1) So electing in compliance with section 214.280;

(2) Establishing an endowed care fund in cash of one thousand dollars for
each acre in said cemetery with a minimum of five thousand dollars and a
maximum of twenty-five thousand dollars;

(3) Filing the report required by section 214.340. (L. 1961 p. 538 § 12,
A.L. 1994 S.B. 496)

1. Any cemetery operator who elects to operate a new cemetery as
an endowed care cemetery or who represents to the public that perpetual,
permanent, endowed, continual, eternal care, care of duration or similar
care will be furnished cemetery property sold shall create an endowed
care fund and shall deposit a minimum of twenty-five thousand dollars for
cemeteries that have in excess of one hundred burials annually or a
minimum of five thousand dollars for cemeteries that have one hundred or
less burials annually in such fund before selling or disposing of any
burial space in said cemetery, or in lieu thereof such cemetery owner may
furnish a surety bond issued by a bonding company or insurance company
authorized to do business in this state in the face amount of thirty
thousand dollars, and such bond shall run to the office of endowed care
cemeteries for the benefit of the care funds held by such cemetery. This
bond shall be for the purpose of guaranteeing an accumulation of twenty-
five thousand dollars in such care fund and also for the further purpose
of assuring that the cemetery owner shall provide annual perpetual or
endowment care in an amount equal to the annual reasonable return on a
secured cash investment of twenty-five thousand dollars until twenty-five
thousand dollars is accumulated in said endowed care funds, and these
shall be the conditions of such surety bond; provided, however, the
liability of the principal and surety on the bond shall in no event
exceed thirty thousand dollars. Provided further, that whenever a
cemetery owner which has made an initial deposit to the endowed care fund
demonstrates to the satisfaction of the administrator of the office of
endowed care cemeteries that more than twenty-five thousand dollars has
been accumulated in the endowed care fund, the cemetery owner may
petition the administrator of the office of endowed care cemeteries for
an order to dissolve the surety bond requirement, so long as at least
twenty-five thousand dollars always remains in the endowed care fund.

2. Construction of a mausoleum, lawn crypt, columbarium or crematorium as
part of a cemetery then operated as an endowed care cemetery shall not be
considered the establishment of a new cemetery for purposes of this
section.

3. Any endowed care cemetery which does not maintain a fully staffed
office in the county in which the cemetery is located shall have
prominently displayed on the premises a sign clearly stating the
operator's name, address and telephone number. If the operator does not
reside in the county in which the cemetery is located, the sign shall
also state the name, address and telephone number of a resident of the
county who is the authorized agent of the operator or the location of an
office of the cemetery which is within ten miles of such cemetery. In
jurisdictions where ordinances require signs to meet certain
specifications, a weatherproof notice containing the information required
by this subsection shall be sufficient. (L. 1961 p. 538 § 5, A.L. 1990
H.B. 1079, A.L. 1994 S.B. 496, A.L. 1999 H.B. 343)

1. An operator of an endowed care cemetery shall establish and
deposit in an endowed care fund not less than the following amounts for
burial space sold or disposed of, with such deposits to the endowed care
fund to be made semiannually on all burial space that has been fully paid
for to the date of deposit:

(1) A minimum of fifteen percent of the gross sales price, or twenty
dollars, whichever is greater, for each grave space sold;

(2) A minimum of ten percent of the gross sales price of each crypt or
niche sold in a community mausoleum, or a minimum of one hundred dollars
for each crypt or ten dollars for each niche sold in a garden mausoleum;

(3) A minimum of seventy-five dollars per grave space for each lawn crypt
sold.

2. Notwithstanding the provisions of subdivision (2) of subsection 1 of
this section, a cemetery operator who has made the initial deposit in
trust as required by sections 214.270 to 214.410 from his own funds, and
not from funds deposited with respect to sales of burial space, may
deposit only one-half the minimum amounts set forth in subdivisions (1)
and (2) of subsection 1 of this section, until he shall have recouped his
entire initial deposit. Thereafter, he shall make the minimum deposits
required under subdivisions (1), (2) and (3) of subsection 1 of this
section.

3. Each operator of an endowed care cemetery shall, after August 28,
1990, file with the division of professional registration, on a form
provided by the division, an annual endowed care trust fund report. The
operator of any cemetery representing the cemetery, or any portion of the
cemetery, as an endowed care cemetery shall make available to the
division for inspection or audit at any reasonable time only those
cemetery records and trust fund records necessary to determine whether
the cemetery's endowed care fund is in compliance with sections 214.270
to 214.410. Each cemetery operator who has established a segregated
account pursuant to section 214.385 shall make available to the division
for inspection or audit at any reasonable time those cemetery records and
financial institution records necessary to determine whether the cemetery
operator is in compliance with the provisions of section 214.385. All
documents, records, and work product from any inspections or audits
performed by or at the direction of the division shall remain in the
possession of the division of professional registration and shall not be
sent to the state board of embalmers and funeral directors. No charge
shall be made for such inspections or audits.

4. If any endowed care cemetery operator conducts the trust fund
accounting and record keeping outside of this state, then such operator
shall maintain current and accurate copies of such accounting and record
keeping within this state and such copies shall be readily available to
the division for inspection or audit purposes.

5. No cemetery operator shall operate or represent to the public by any
title, description, or similar terms that a cemetery provides endowed
care unless the cemetery is in compliance with the provisions of sections
214.270 to 214.410. (L. 1961 p. 538 § 7, A.L. 1990 H.B. 1079, A.L. 1994
S.B. 496 merged with S.B. 701)

(1984) A district court erred in allowing cemetery owners to require
third party memorial installers to contribute a percentage of amounts
charged for monument installation to endowed care cemetery funds.
Rosebrough Monument Co. v. Memorial Park Cemetery (8th Cir.), 736 F.2d
441.

If the deposits to any endowed care fund required by sections
214.270 to 214.410 are less than the total sum required to be set aside
and deposited since the effective date of such sections, the cemetery
operator shall correct such deficiency by depositing not less than twenty
percent of such deficiency each year for five years following August 28,
1990, and shall file, on the form provided by the division, a statement
outlining the date and amount such deposits were made. If the cemetery
operator fails to correct the deficiency, the cemetery operator shall
thereafter not represent the cemetery as an endowed care cemetery. Any
funds held in the cemetery's endowed care trust shall continue to be used
for endowed care for that cemetery. The cemetery operator shall remain
subject to the provisions of sections 214.270 to 214.410 for any cemetery
or any section of the cemetery for which endowed care payments have been
collected, subject to the penalties contained in section 214.410, and
civil actions as well as subject to any regulations promulgated by the
division. (L. 1990 H.B. 1079, A.L. 1994 S.B. 496)

1. The endowed care fund required by sections 214.270 to 214.410
shall be permanently set aside in trust or in accordance with the
provisions of subsection 2 of this section. The trustee of the endowed
care trust shall be a state- or federally chartered financial institution
authorized to exercise trust powers in Missouri and located in this
state. The income from the endowed care fund shall be distributed to the
cemetery operator at least annually or in other convenient installments.
The cemetery operator shall have the duty and responsibility to apply the
income to provide care and maintenance only for that part of the cemetery
in which burial space shall have been sold and with respect to which
sales the endowed care fund shall have been established and not for any
other purpose. The principal of such funds shall be kept intact and
appropriately invested by the trustee, or the independent investment
advisor. An endowed care trust agreement may provide that when the
principal in an endowed care trust exceeds two hundred fifty thousand
dollars, investment decisions regarding the principal and undistributed
income may be made by a federally registered or Missouri-registered
independent qualified investment advisor designated by the cemetery
owner, relieving the trustee of all liability regarding investment
decisions made by such qualified investment advisor. It shall be the duty
of the trustee, or the investment advisor, in the investment of such
funds to exercise the diligence and care men of ordinary prudence,
intelligence and discretion would employ, but with a view to permanency
of investment considering probable safety of capital investment, income
produced and appreciation of capital investment. The trustee's duties
shall be the maintenance of records and the accounting for and investment
of moneys deposited by the operator to the endowed care fund. For the
purposes of sections 214.270 to 214.410, the trustee or investment
advisor shall not be deemed to be responsible for the care, the
maintenance, or the operation of the cemetery, or for any other matter
relating to the cemetery, including, but not limited to, compliance with
environmental laws and regulations. With respect to cemetery property
maintained by cemetery care funds, the cemetery operator shall be
responsible for the performance of the care and maintenance of the
cemetery property owned by the cemetery operator and for the opening and
closing of all graves, crypts, or niches for human remains in any
cemetery property owned by the cemetery operator.

2. If the endowed care cemetery fund is not permanently set aside in a
trust fund as required by subsection 1 of this section then the funds
shall be permanently set aside in a segregated bank account which
requires the signature of the cemetery owner and either the administrator
of the office of endowed care cemeteries, or the signature of a licensed
practicing attorney with escrow powers in this state as joint signatories
for any distribution from the trust fund. No funds shall be expended
without the signature of either the administrator of the office of
endowed care cemeteries, or a licensed practicing attorney with escrow
powers in this state. The account shall be insured by the Federal Deposit
Insurance Corporation or comparable deposit insurance and held in the
state- or federally chartered financial institution authorized to do
business in Missouri and located in this state. The income from the
endowed care fund shall be distributed to the cemetery operator at least
in annual or semiannual installments. The cemetery operator shall have
the duty and responsibility to apply the income to provide care and
maintenance only for that part of the cemetery in which burial space
shall have been sold and with respect to which sales the endowed care
fund shall have been established and not for any other purpose. The
principal of such funds shall be kept intact and appropriately invested
by the cemetery operator with written approval of either the
administrator of the office of* endowed care cemeteries or a licensed
practicing attorney with escrow powers in this state. It shall be the
duty of the cemetery owner in the investment of such funds to exercise
the diligence and care a person of reasonable prudence, intelligence and
discretion would employ, but with a view to permanency of investment
considering probable safety of capital investment, income produced and
appreciation of capital investment. The cemetery owner's duties shall be
the maintenance of records and the accounting for an investment of moneys
deposited by the operator to the endowed care fund. For purposes of
sections 214.270 to 214.410, the administrator of the office of endowed
care cemeteries or the licensed practicing attorney with escrow powers in
this state shall not be deemed to be responsible for the care,
maintenance, or operation of the cemetery. With respect to cemetery
property maintained by cemetery care funds, the cemetery operator shall
be responsible for the performance of the care and maintenance of the
cemetery property owned by the cemetery operator and for the opening and
closing of all graves, crypts, or niches for human remains in any
cemetery property owned by the cemetery operator.

3. The cemetery operator shall be accountable to the owners of burial
space in the cemetery for compliance with sections 214.270 to 214.410.

4. All endowed care funds shall be administered in accordance with an
endowed care fund agreement. The endowed care fund agreement shall be
subject to review and approval by the office of endowed care cemeteries
or by a licensed practicing attorney with escrow powers in this state.
The endowed care cemetery shall be notified in writing by the office of
endowed care cemeteries or by a licensed practicing attorney with escrow
powers in this state regarding the approval or disapproval of the endowed
care fund agreement and regarding any changes required to be made for
compliance with this chapter and the rules and regulations promulgated
thereunder. A copy of the proposed endowed care fund agreement shall be
submitted to the office of endowed care cemeteries. The office of endowed
care cemeteries or a licensed practicing attorney with escrow powers in
this state shall notify the endowed care cemetery in writing of approval
and of any required change. Any amendment or change to the endowed care
fund agreement shall be submitted to the office of endowed care
cemeteries or to a licensed practicing attorney with escrow powers in
this state for review and approval. Said amendment or change shall not be
effective until approved by the office of endowed care cemeteries or by a
licensed practicing attorney with escrow powers in this state. All
endowed care cemeteries shall be under a continuing duty to file with the
office of endowed care cemeteries or with a licensed practicing attorney
with escrow powers in this state and to submit for approval any and all
changes, amendment, or revisions of the endowed care fund agreement. (L.
1961 p. 538 § 8, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B.
701, A.L. 1999 H.B. 343, A.L. 2002 H.B. 1537)

*Word "of" does not appear in original rolls.

Any endowed care cemetery may require a contribution to the
endowed care fund or to a separate memorial care fund for each memorial
or monument installed on a grave in the cemetery. Such contribution, if
required by a cemetery, shall not exceed twenty cents per square inch of
base area, and shall be charged on every installation regardless of the
person performing the installation. Each contribution made pursuant to a
contract or agreement entered into after August 28, 1990, shall be
entrusted and administered pursuant to sections 214.270 to 214.410 for
the endowed care fund. Each contribution made pursuant to a contract or
agreement entered into before August 28, 1990, shall be governed by the
law in effect at the time the contract or agreement was entered into. (L.
1990 H.B. 1079, A.L. 1994 S.B. 496)

1. Each operator of an endowed care cemetery shall maintain at
an office in the cemetery or, if the cemetery has no office in the
cemetery, at an office within a reasonable distance of the cemetery, the
reports of the endowed care fund's operation for the preceding seven
years. Each report shall contain, at least, the following information:

(1) Name and address of the trustee of the endowed care fund and the
depository, if different from the trustee;

(2) Balance per previous year's report;

(3) Principal contributions received since previous report;

(4) Total earnings since previous report;

(5) Total distribution to the cemetery operator since the previous report;

(6) Current balance;

(7) A statement of all assets listing cash, real or personal property,
stocks, bonds, and other assets, showing cost, acquisition date and
current market value of each asset;

(8) Total expenses, excluding distributions to cemetery operator, since
previous report; and

(9) A statement of the cemetery's total acreage and of its developed
acreage.

2. Subdivisions (1) through (7) of the report described in subsection 1
above shall be certified to under oath as complete and correct by a
corporate officer of the trustee. Subdivision (8) of such report shall be
certified under oath as complete and correct by an officer of the
cemetery operator. Both the trustee and cemetery operator or officer
shall be subject to the penalty of making a false affidavit or
declaration.

3. The report shall be placed in the cemetery's office within ninety days
of the close of the trust's fiscal year. A copy of this report shall be
filed by the cemetery operator with the division of professional
registration within ninety days of the close of the trust fund's fiscal
year. The report shall not be sent to the state board of embalmers and
funeral directors.

4. Each cemetery operator who establishes a segregated account pursuant
to subsection 1 of section 214.385 shall file with the report required
under subsection 1 of this section a segregated account report that shall
provide the following information:

(1) The number of monuments, markers and memorials that have been
deferred for delivery by purchase designation;

(2) The aggregate wholesale cost of all such monuments, markers and
memorials; and

(3) The amount on deposit in the segregated account established pursuant
to section 214.385, and the account number. (L. 1961 p. 538 § 9, A.L.
1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701)

1. Any cemetery operator who negotiates the sale of burial space
in any cemetery located in this state shall provide each prospective
owner of burial space a written statement, which may be a separate form
or a part of the sales contract, which states and explains in plain
language that the burial space is part of an endowed care cemetery; that
the cemetery has established and maintains the endowed care fund required
by law; and that the information regarding the fund described in section
214.340 is available to the prospective purchaser. If the burial space is
in a nonendowed cemetery, or in a nonendowed section of an endowed care
cemetery, the cemetery operator shall state he has elected not to
establish an endowed care fund.

2. The operator of each endowed care cemetery shall, upon request, give
to the public for retention a copy of the endowed care fund annual report
prepared pursuant to the provisions of subsection 1 of section 214.340.
(L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with S.B. 701)

No cemetery operator, nor any director, officer or shareholder
of any cemetery may borrow or in any other way make use of the endowed
care funds for his own use, directly or indirectly, or for furthering or
developing his or any other cemetery, nor may any trustee lend or make
such funds available for said purpose or for the use of any operator or
any director, officer or shareholder of any cemetery. (L. 1961 p. 538 §
14, A.L. 1994 S.B. 496 § 214.360 subsec. 1)

In the event of a cemetery's bankruptcy, insolvency, or
assignment for the benefit of creditors, the endowed care funds shall not
be available to any creditor as assets of the cemetery's owner or to pay
any expenses of any bankruptcy or similar proceeding, but shall be
retained intact to provide for the future maintenance of the cemetery.
(A.L. 1994 S.B. 496 § 214.360 subsec. 2)

Prior to any action as provided in subsection 2 of section
214.205, and when the division has information that a public cemetery is
not providing maintenance and care, has been abandoned, or has ceased
operation, the division may investigate the cemetery to determine the
cemetery's current status. If the division finds evidence that the
cemetery is abandoned, is not conducting business, or is not providing
maintenance and care, the division may apply to the circuit court for
appointment as receiver, trustee, or successor in trust. (A.L. 1994 S.B.
496 § 214.360 subsec. 3)

A prospective purchaser or transferee of any endowed care
cemetery, with the written consent of the cemetery operator, may obtain a
copy of the cemetery's most recent audit or inspection report from the
division. The division shall inform the prospective purchaser or
transferee, within thirty days, whether the cemetery may continue to
operate and be represented as an endowed care cemetery. (L. 1994 S.B. 496
§ 214.360 subsec. 4, A.L. 2001 H.B. 567)

1. Every operator of a nonendowed cemetery shall comply with the
provisions of this section.

2. Every person subject to this section shall post in a conspicuous place
in every office where sales of burial space in a nonendowed cemetery are
conducted, a legible sign stating, "This is a nonendowed cemetery." The
lettering of this sign shall be of suitable size so it is easily read at
a distance of fifty feet.

3. Every person subject to this section shall also have printed or
stamped at the head of all contracts, deeds, statements, letterheads, and
advertising material, used in any connection with the sale of burial
space in a nonendowed cemetery, the statement: "This is a nonendowed
cemetery." in lettering equivalent to a minimum of ten point number two
black type, and shall not sell any lot or interment space therein unless
and until the purchaser thereof is informed that the cemetery is a
nonendowed cemetery. (L. 1961 p. 538 § 10)

An endowed care cemetery may have within its confines a section
which may be sold without endowed care; provided, that such section shall
be separately set off from the remainder of the cemetery and provided
that signs are kept prominently placed around such section stating, "This
is a nonendowed section." in lettering of suitable size so it is easily
read at a distance of fifty feet. There shall be printed or stamped at
the head of all contracts, deeds, statements, letterheads and advertising
material used in any connection with the sale of burial space in said
section, the statement, "This is a nonendowed section." in lettering
equivalent to a minimum of ten point number two black type. No operator
shall sell any lot or interment space in a nonendowed section unless and
until he shall have informed the purchaser thereof that the section is
not endowed. (L. 1961 p. 538 § 11)

1. If the operator of any cemetery or another authorized person
moves a grave marker, memorial or monument in the cemetery for any
reason, the operator or other authorized person shall replace the grave
marker, memorial or monument to its original position within a reasonable
time.

2. When the purchase price of a monument, marker or memorial sold by a
cemetery operator or its agent is paid in full, the cemetery operator
shall make delivery of such property within a reasonable time. A cemetery
operator may comply with this section by delivering to the purchaser of
such property a valid warehouse receipt which may be presented to the
cemetery operator at a later date for actual delivery. (L. 1990 H.B.
1079, A.L. 1994 S.B. 496 § 214.385 subsecs. 1, 2(a) merged with S.B. 701)

1. Upon written instructions from the purchaser of a monument,
marker or memorial, a cemetery may defer delivery of such property to a
date designated by the purchaser, provided the cemetery operator, within
forty-five days of the date the property is paid in full, deposits from
its own funds an amount equal to one hundred ten percent of such
property's wholesale cost into a segregated account. Funds deposited in a
segregated account pursuant to this section and section 214.385 shall be
maintained in such account until delivery of the property is made or the
contract for the purchase of such property is canceled. No withdrawals
may be made from the cemetery operator's segregated account established
pursuant to this section and section 214.385 except as provided herein.
The cemetery operator shall not commingle any other of its funds with the
deposits made to the segregated account. Money in this account shall be
invested utilizing the "prudent man theory" and is subject to audit by
the division. Names and addresses of depositories of such money shall be
submitted with the annual report.

2. If at the end of a calendar year the market value of the cemetery
operator's segregated account exceeds the then current wholesale cost of
all paid-in-full property which has not been delivered, the cemetery
operator may withdraw from the segregated account all realized income
earned by such account. If at the end of a calendar year the market value
of the cemetery operator's segregated account is less than the then
current wholesale cost of all paid-in-full property which has not been
delivered, the cemetery operator shall only withdraw the realized income
in excess of (i) the segregated account's market value at year end, plus
(ii) all realized income accrued to the segregated account minus (iii)
the wholesale cost of all paid-in-full property which has not been
delivered.

3. Upon the delivery of a monument, marker or memorial sold by the
cemetery or its agent, or the cancellation of the contract for the
purchase of such property, the cemetery operator may withdraw from the
segregated account an amount equal to (i) the market value of the
segregated account based on the most recent account statement issued to
the cemetery operator, times (ii) the ratio the delivered property's
deposit in the account bears to the aggregate deposit of all property
which is paid in full but not delivered. The segregated account may be
inspected or audited by the division.

4. Upon written instructions from the purchaser of an interment,
entombment, or inurnment cemetery service, a cemetery may defer
performance of such service to a date designated by the purchaser,
provided the cemetery operator, within forty-five days of the date the
agreement is paid in full, deposits from its own funds an amount equal to
forty percent of the published retail price into a trusteed account.
Funds deposited in a trusteed account pursuant to this section and
section 214.385 shall be maintained in such account until delivery of the
service is made or the agreement for the purchase of the service is
canceled. No withdrawals may be made from the trusteed account
established pursuant to this section and section 214.385 except as
provided herein. Money in this account shall be invested utilizing the
"prudent man theory" and is subject to audit by the division. Names and
addresses of depositories of such money shall be submitted with the
annual report.

5. Upon the delivery of the internment, entombment, or inurnment cemetery
service agreed upon by the cemetery or its agent, or the cancellation of
the agreement for the purchase of such service, the cemetery operator may
withdraw from the trusteed account an amount equal to (i) the market
value of the trusteed account based on the most recent account statement
issued to the cemetery operator, times (ii) the ratio the service's
deposit in the account bears to the aggregate deposit of all services
which are paid in full but not delivered. The trusteed account may be
inspected or audited by the division.

6. The provisions of this section shall apply to all agreements entered
into after August 28, 2002.

(L. 1994 S.B. 496 § 214.385 subsec. 2 subdivs. (b), (c), (d) merged with
S.B. 701, A.L. 2002 S.B. 892)

Cemeteries existing at the time of the adoption of sections
214.270 to 214.410 shall hereafter be operated subject to the provisions
of sections 214.270 to 214.410. Where an ordinance or order is
established by a county, city, town or village which relates to the
maintenance of cemetery property, including the control of weeds and
other debris, all cemeteries, including nonperpetual cemeteries, shall be
maintained consistent with the provisions of the ordinance or order. (L.
1961 p. 538 § 3, A.L. 1990 H.B. 1079)

1. The division shall:

(1) Recommend prosecution for violations of the provisions of sections
214.270 to 214.410 to the appropriate prosecuting, circuit attorney or to
the attorney general;

(2) Employ, within limits of the funds appropriated, such employees as
are necessary to carry out the provisions of sections 214.270 to 214.410;

(3) Be allowed to convey full authority to each city or county governing
body the use of inmates controlled by the department of corrections and
the board of probation and parole to care for abandoned cemeteries
located within the boundaries of each city or county;

(4) Exercise all budgeting, purchasing, reporting and other related
management functions;

(5) The division may promulgate rules necessary to implement the
provisions of sections 214.270 to 214.516, including but not limited to:

(a) Rules setting the amount of fees authorized pursuant to sections
214.270 to 214.516. The fees shall be set at a level to produce revenue
that shall not substantially exceed the cost and expense of administering
sections 214.270 to 214.516. All moneys received by the division pursuant
to sections 214.270 to 214.516 shall be collected by the director who
shall transmit such moneys to the department of revenue for deposit in
the state treasury to the credit of the endowed care cemetery audit fund
created in section 193.265, RSMo;

(b) Rules to administer the inspection and audit provisions of the
endowed care cemetery law;

(c) Rules for the establishment and maintenance of the cemetery registry
pursuant to section 214.283.

2. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2001, shall be invalid and void. (L. 1994 S.B. 496, A.L. 2001 H.B. 567)

Sections 214.270 to 214.410 shall be known as the "Cemetery
Endowed Care Fund Law". (L. 1961 p. 538 § 1)

1. Any cemetery operator who shall willfully violate any
provisions of sections 214.270 to 214.410 for which no penalty is
otherwise prescribed shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed five hundred
dollars or shall be confined not more than six months or both.

2. Any cemetery operator who shall willfully violate any provision of
section 214.320, 214.330, 214.335, 214.340, 214.360 or 214.385 shall be
deemed guilty of a class D felony and upon conviction thereof shall be
fined a sum not to exceed ten thousand dollars or shall be confined not
more than five years or both. This section shall not apply to cemeteries
or cemetery associations which do not sell lots in the cemetery.

3. Any trustee who shall willfully violate any applicable provisions of
sections 214.270 to 214.410 shall have committed an unsafe and unsound
banking practice and shall be penalized as authorized by chapters 361 and
362, RSMo. This subsection shall be enforced exclusively by the Missouri
division of finance for state chartered institutions and the Missouri
attorney general for federally chartered institutions.

4. Any person who shall willfully violate any provision of section
214.320, 214.330, 214.335, 214.340, 214.360 or 214.385 or violates any
rule, regulation or order of the division may, in accordance with the
regulations issued by the division, be assessed an administrative penalty
by the division. The penalty shall not exceed five thousand dollars for
each violation and each day of the continuing violation shall be deemed a
separate violation for purposes of administrative penalty assessment.
However, no administrative penalty may be assessed until the person
charged with the violation has been given the opportunity for a hearing
on the violation. Penalty assessments received shall be deposited in the
endowed care cemetery audit fund created in section 193.265, RSMo. (L.
1961 p. 538 § 15, A.L. 1990 H.B. 1079, A.L. 1994 S.B. 496 merged with
S.B. 701)

Any native American group which is comprised of persons who are
members of an Indian organization recognized by the United States
pursuant to P.L. 93-638; 95-608, which desires to secure a tribal or
group burial ground or cemetery on lands owned by such group or tribe may
designate any quantity of that land for that purpose, and such grounds
shall be established, maintained, and held in perpetuity as burial
grounds or cemeteries for the use and benefit of the descendents of the
group or tribe making such a designation. Such group shall not be
required to convey title to such lands to the county commission to be
held in trust pursuant to section 214.090. Such group may establish a
trust fund for the benefit of such cemeteries or burial grounds pursuant
to section 214.140. (L. 1990 S.B. 625 § 1)

Every person who shall knowingly destroy, mutilate, disfigure,
deface, injure, or remove any tomb, monument, or gravestone, or other
structure placed in such cemetery or burial ground or place of burial of
any human being, is guilty of a class A misdemeanor. (L. 1990 S.B. 625 §
2)

Any cemetery located in a city not within a county, which has
become the property of such city pursuant to section 214.205 or a public
tax sale may be sold to another cemetery operator or a not-for-profit
corporation which is unrelated to the previous cemetery operator. (L.
1997 H.B. 592 § 1 and .S.B. 58 § 1)

Any cemetery operator who purchases a cemetery from a city not
within a county pursuant to sections 214.500 to 214.516 shall not be
liable for any wrongful interments or errors made in the sale of plots
prior to the cemetery operator's purchase of the cemetery, nor shall such
cemetery operator be liable for multiple ownership of plots sold by such
cemetery operator due to a lack of adequate records in such cemetery
operator's possession at the time of such cemetery operator's purchase of
such cemetery from the city, provided the cemetery operator offers a plot
of equal value for the interment, if such party can prove ownership of
the right to bury a person by presenting a contract for the right to
burial. (L. 1997 H.B. 592 § 2 merged with S.B. 58 § 2)

Any cemetery operator who purchases a cemetery from a city not
within a county shall not be held liable or responsible for any
conditions existing or actions taken which occurred prior to the cemetery
operator's purchase from such city; except that, the exemption provided
in this section shall not relieve any previous owner or wrongdoer for
their actions related to such cemetery. (L. 1997 H.B. 592 § 3 merged with
S.B. 58 § 3)

Any subsequent cemetery owner after a city not within a county
shall be exempt from the provisions of section 214.325 and section
214.410 for any deficiency existing prior to such city's ownership;
except that, such exemption shall not relieve any previous cemetery
owners or wrongdoers from the provisions of such sections. (L. 1997 H.B.
592 § 4 merged with S.B. 58 § 4)

Any cemetery owner subsequent to a city not within a county,
regardless of whether such cemetery was previously registered as an
endowed care cemetery, held itself out to be an endowed care cemetery or
was a nonendowed care cemetery, shall comply with section 214.310 and
register such cemetery as an endowed care cemetery as if it were a newly
created cemetery with no interments at the time of such registration. Any
contracts for the right of burial sold after compliance with section
214.310 and all subsequent action of a subsequent cemetery owner shall
comply fully with the provisions of sections 214.270 to 214.410. (L. 1997
H.B. 592 § 5 merged with S.B. 58 § 5)

1. For purposes of this section, the following terms mean:

(1) "Cremains", the ashes that remain after cremation of a human corpse;

(2) "Operator", a church that owns and maintains a religious cemetery;

(3) "Religious cemetery", a cemetery owned, operated, controlled, or
managed by any church that has or would qualify for federal tax-exempt
status as a nonprofit religious organization pursuant to section 501(c)
of the Internal Revenue Code as amended;

(4) "Scatter garden", a location for the spreading of cremains set aside
within a cemetery.

2. It shall be lawful for any operator of a religious cemetery adjacent
to a church building or other building regularly used as a place of
worship to establish a scatter garden for the purpose of scattering human
cremains.

3. The operator of any religious cemetery containing a scatter garden
shall maintain, protect, and supervise the scatter garden, and shall be
responsible for all costs incurred for such maintenance, protection, and
supervision. Such operator shall also maintain a record of all cremains
scattered in the scatter garden that shall include the name, date of
death, and Social Security number of each person whose cremains are
scattered, and the date the cremains were scattered.

4. A scatter garden established pursuant to this section shall be
maintained by the operator of the religious cemetery for as long as such
operator is in existence. Upon dissolution of such operator, all records
of cremains shall be transferred to the clerk of the city, town, or
village in which the scatter garden is located, or if the scatter garden
is located in any unincorporated area, to the county recorder. (L. 2002
H.B. 1148)

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