214.280. Election to operate as endowed care cemetery filing with division of registration, form--fee--deposit of fee--division's powers and duties--rules authorized. - Missouri Statutes

Election to operate as endowed care cemetery filing with division ofregistration, form--fee--deposit of fee--division's powers andduties--rules authorized.

214.280. 1. Operators of all existing cemeteries shall, prior toAugust twenty-eighth following August 28, 1994, elect to operate eachcemetery as an endowed care cemetery as defined in subdivision (16) ofsection 214.270 and shall register such intention with the division andremit the required registration fee or, failing such election, shalloperate each cemetery for which such election is not made as a nonendowedcemetery without regard to registration fees or penalties. Operators ofall cemeteries hereafter established shall, within ninety days from theestablishment thereof, elect to operate each cemetery as an endowed carecemetery, or as a nonendowed cemetery. Such election for newly establishedcemeteries shall be filed with the division, on a form provided by thedivision. Any such election made subsequent to August 28, 1994, shall beaccompanied by a filing fee set by the division, and such fee shall bedeposited in the endowed care cemetery audit fund as defined in section193.265, RSMo. The fee authorized in this subsection shall not be requiredfrom an existing nonendowed cemetery.

2. The division may adopt rules establishing the conditions andprocedures governing the circumstances where an endowed care cemeteryelects to operate as a nonendowed care cemetery. In the event an endowedcare cemetery elects to operate as a nonendowed care cemetery, the divisionshall make every effort to require such cemetery to meet all contractualobligations for the delivery of services entered into prior to it revertingto the status of a nonendowed cemetery.

(L. 1961 p. 538 § 4, A.L. 1994 S.B. 496 § 214.280 subsecs. 1, 2, A.L. 2009 S.B. 296)