Authority to provide endowment care; permit from Administrator; exempt cemeteries; handling of funds.
1. Every cemetery authority operating a cemetery which is not exempt pursuant to subsection 2 shall place its cemetery under endowment care and establish, maintain and operate an endowment care fund after having first applied for and received a permit from the Administrator.
2. A cemetery is exempt from the provisions of subsection 1 if:
(a) It was maintained as a cemetery on July 1, 1971; or
(b) It is owned and operated by a governmental agency, church or benevolent or fraternal organization not operated for profit.
ÊNothing contained in this subsection shall prohibit any cemetery authority from electing to come under the provisions of subsection 1.
3. Endowment care and special care funds may be commingled for investment and the income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested. The funds shall be held in the name of the cemetery authority.
Last modified: February 26, 2006