A. After the initial registration a cemetery authority shall register with the director by filing an annual registration statement, upon forms furnished by the director, which shall show as of the end of the preceding calendar year:
(1) the amount of the principal of the care funds held by the trustee of the care funds of the cemetery authority at the beginning of the year and in addition thereto all money or property received during the year:
(a) under and by virtue of the sale of a lot, grave, crypt or niche;
(b) under and by virtue of the terms of any contract authorized by law; or
(c) under and by virtue of any gift, grant, devise, bequest, payment or other contribution made either prior to or subsequent to the effective date of the Endowed Care Cemetery Act;
(2) the securities in which the care funds are invested and the cash on hand as of the date of the report;
(3) the income received from the care funds during the preceding calendar year; and
(4) the amount expended in furnishing endowed care during the preceding calendar year.
B. If any of the care funds of a cemetery authority are held by a trustee, the annual registration statement filed by a cemetery authority shall contain a certificate signed by the trustee of the care funds of the cemetery authority certifying to the truthfulness of the statements in the report as to:
(1) the total amount of principal of the care funds held by the trustee;
(2) the securities in which the care funds are invested and the cash on hand as of the date of the report; and
(3) the income received from the care funds during the preceding calendar year.
C. Annual registration statements shall be filed by the cemetery authority on or before June 30 of each calendar year in the office of the director. The registration statement shall be made under oath. Each registration statement shall be accompanied by a fee of fifty dollars ($50.00), and the director shall not accept a registration statement unless it is accompanied by the payment of the fee.
D. The director shall charge and collect a fee of ten dollars ($10.00) per day for late filings of registration statements up to a maximum of three hundred dollars ($300). This late charge shall also apply when the cemetery authority is required by the director to revise a registration by a specified date and fails to file the revised registration on or before that date.
History: 1953 Comp., § 67-29-10, enacted by Laws 1961, ch. 156, § 10; 1973, ch. 113, § 1; 1981, ch. 192, § 2; 1987, ch. 292, § 5; 2001, ch. 149, § 10.
ANNOTATIONSCompiler's notes. — The phrase "effective date of the Endowed Care Cemetery Act", referred to in Subsection A(1)(c), means March 30, 1961, the effective date of Laws 1961, Chapter 156.
The 2001 amendment, effective July 1, 2001, deleted "of the financial institutions division" from the end of the section heading; in Subsection A, substituted "After the initial registration a cemetery authority shall" for "Every cemetery authority owning, operating, controlling or managing an endowed care cemetery shall", deleted "of the financial institutions division" following "the director"; in Subsection C, substituted "Annual registration" for "Such", "June 30" for "March 15"; and added Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries §§ 5, 6.
14 C.J.S. Cemeteries §§ 3, 5, 10.