Missouri Revised Statutes
Chapter 214
Cemeteries
←214.260
Section 214.270.1
214.275→
August 28, 2015
Definitions.
214.270. 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 merchandise", a monument, marker, memorial, tombstone,
headstone, urn, outer burial container, or similar article which may
contain specific lettering, shape, color, or design as specified by the
purchaser;
(3) "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;
(4) "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;
(5) "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;
(6) "Cemetery operator" or "operator", any person who owns, controls,
operates or manages a cemetery;
(7) "Cemetery prearranged contract", any contract with a cemetery or
cemetery operator for burial merchandise or burial services covered by
sections 214.270 to 214.410 which is entered into before the death of the
individual for whom the burial merchandise or burial services are intended;
(8) "Cemetery service" or "burial service", those services performed
by a cemetery owner or operator licensed as an endowed care or nonendowed
cemetery including setting a monument or marker, setting a tent, excavating
a grave, interment, entombment, inurnment, setting a vault, or other
related services within the cemetery;
(9) "Columbarium", a building or structure for the inurnment of
cremated human remains;
(10) "Community mausoleum", a mausoleum containing a substantial area
of enclosed space and having either a heating, ventilating or air
conditioning system;
(11) "Department", department of insurance, financial institutions
and professional registration;
(12) "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;
(13) "Director", director of the division of professional
registration;
(14) "Division", division of professional registration;
(15) "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;
(16) "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;
(17) "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;
(18) "Escrow account", an account established in lieu of an endowed
care fund as provided under section 214.330 or an account used to hold
deposits under section 214.387;
(19) "Escrow agent", an attorney, title company, certified public
accountant or other person authorized by the division to exercise escrow
powers under the laws of this state;
(20) "Escrow agreement", an agreement subject to approval by the
office between an escrow agent and a cemetery operator or its agent or
related party with common ownership, to receive and administer payments
under cemetery prearranged contracts sold by the cemetery operator;
(21) "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;
(22) "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;
(23) "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;
(24) "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;
(25) "Grave" or "plot", a place of ground in a cemetery, used or
intended to be used for burial of human remains;
(26) "Human remains", the body of a deceased person in any state of
decomposition, as well as cremated remains;
(27) "Inurnment", placing an urn containing cremated remains in a
burial space;
(28) "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;
(29) "Mausoleum", a structure or building for the entombment of human
remains in crypts;
(30) "Niche", a space in a columbarium used or intended to be used
for inurnment of cremated remains;
(31) "Nonendowed care cemetery", or "nonendowed cemetery", a cemetery
or a section of a cemetery for which no endowed care trust fund has been
established in accordance with sections 214.270 to 214.410;
(32) "Office", the office of endowed care cemeteries within the
division of professional registration;
(33) "Owner of burial space", a person to whom the cemetery operator
or his authorized agent has transferred the right of use of burial space;
(34) "Person", an individual, corporation, partnership, joint
venture, association, trust or any other legal entity;
(35) "Registry", the list of cemeteries maintained in the division
office for public review. The division may charge a fee for copies of the
registry;
(36) "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;
(37) "Surface lawn crypt", a sealed burial chamber whose lid
protrudes above the land surface;
(38) "Total acreage", the entire tract which is dedicated to or
reserved for cemetery purposes;
(39) "Trustee of an endowed care fund", the separate legal entity
qualified under section 214.330 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, A.L. 2008 S.B. 788, A.L. 2009
S.B. 296, A.L. 2010 H.B. 1692, et al. merged with H.B. 2226, et
al. merged with S.B. 754)
2009
2008
2002
1996
2009
214.270. 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) "Burial merchandise", a monument, marker, memorial, tombstone,
headstone, urn, outer burial container, or similar article which may
contain specific lettering, shape, color, or design as specified by the
purchaser;
(4) "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;
(5) "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;
(6) "Cemetery operator" or "operator", any person who owns, controls,
operates or manages a cemetery;
(7) "Cemetery prearranged contract", any contract with a cemetery
operator for goods and services covered by this chapter which includes a
sale of burial merchandise in which delivery of merchandise or a valid
warehouse receipt under sections 214.270 to 214.550 is deferred pursuant to
written instructions from the purchaser. It shall also mean any contract
for goods and services covered by sections 214.270 to 214.550 which
includes a sale of burial services to be performed at a future date;
(8) "Cemetery service" or "burial service", those services performed
by a cemetery owner or operator licensed as an endowed care or nonendowed
cemetery including setting a monument or marker, setting a tent, excavating
a grave, interment, entombment, inurnment, setting a vault, or other
related services within the cemetery;
(9) "Columbarium", a building or structure for the inurnment of
cremated human remains;
(10) "Community mausoleum", a mausoleum containing a substantial area
of enclosed space and having either a heating, ventilating or air
conditioning system;
(11) "Department", department of insurance, financial institutions
and professional registration;
(12) "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;
(13) "Director", director of the division of professional
registration;
(14) "Division", division of professional registration;
(15) "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;
(16) "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;
(17) "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;
(18) "Escrow account", an account established in lieu of an endowed
care fund as provided under section 214.330 or an account used to hold
deposits under section 214.387;
(19) "Escrow agent", an attorney, title company, certified public
accountant or other person authorized by the division to exercise escrow
powers under the laws of this state;
(20) "Escrow agreement", an agreement subject to approval by the
office between an escrow agent and a cemetery operator or its agent or
related party with common ownership, to receive and administer payments
under cemetery prearranged contracts sold by the cemetery operator;
(21) "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;
(22) "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;
(23) "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;
(24) "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;
(25) "Grave" or "plot", a place of ground in a cemetery, used or
intended to be used for burial of human remains;
(26) "Human remains", the body of a deceased person in any state of
decomposition, as well as cremated remains;
(27) "Inurnment", placing an urn containing cremated remains in a
burial space;
(28) "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;
(29) "Mausoleum", a structure or building for the entombment of human
remains in crypts;
(30) "Niche", a space in a columbarium used or intended to be used
for inurnment of cremated remains;
(31) "Nonendowed care cemetery", or "nonendowed cemetery", a cemetery
or a section of a cemetery for which no endowed care trust fund has been
established in accordance with sections 214.270 to 214.410;
(32) "Office", the office of endowed care cemeteries within the
division of professional registration;
(33) "Owner of burial space", a person to whom the cemetery operator
or his authorized agent has transferred the right of use of burial space;
(34) "Person", an individual, corporation, partnership, joint
venture, association, trust or any other legal entity;
(35) "Registry", the list of cemeteries maintained in the division
office for public review. The division may charge a fee for copies of the
registry;
(36) "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;
(37) "Surface lawn crypt", a sealed burial chamber whose lid
protrudes above the land surface;
(38) "Total acreage", the entire tract which is dedicated to or
reserved for cemetery purposes;
(39) "Trustee of an endowed care fund", the separate legal entity
appointed as trustee of an endowed care fund.
2008
214.270. 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 insurance, financial institutions and
professional registration;
(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.
2002
214.270. 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.
1996
214.270. 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) "Columbarium", a building or structure for the inurnment of cremated
human remains;
(7) "Community mausoleum", a mausoleum containing a substantial area of
enclosed space and having either a heating, ventilating or air conditioning
system;
(8) "Department", department of economic development;
(9) "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;
(10) "Director", director of the division of professional registration;
(11) "Division", division of professional registration;
(12) "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;
(13) "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;
(14) "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;
(15) "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;
(16) "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;
(17) "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;
(18) "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;
(19) "Grave" or "plot", a place of ground in a cemetery, used or
intended to be used for burial of human remains;
(20) "Human remains", the body of a deceased person in any state of
decomposition, as well as cremated remains;
(21) "Inurnment", placing an urn containing cremated remains in a burial
space;
(22) "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;
(23) "Mausoleum", a structure or building for the entombment of human
remains in crypts;
(24) "Niche", a space in a columbarium used or intended to be used for
inurnment of cremated remains;
(25) "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;
(26) "Owner of burial space", a person to whom the cemetery operator or
his authorized agent has transferred the right of use of burial space;
(27) "Person", an individual, corporation, partnership, joint venture,
association, trust or any other legal entity;
(28) "Registry", the list of cemeteries maintained in the division
office for public review. The division may charge a fee for copies of the
registry;
(29) "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;
(30) "Surface lawn crypt", a sealed burial chamber whose lid protrudes
above the land surface;
(31) "Total acreage", the entire tract which is dedicated to or reserved
for cemetery purposes;
(32) "Trustee of an endowed care fund", the separate legal entity
appointed as trustee of an endowed care fund.
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