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27-17A-47
Section 27-17A-47 Establishment and management of endowment care fund. (a) Every cemetery authority
operating an endowment care cemetery shall establish an endowment care fund which shall be
placed with and held by a bank, trust company, savings and loan association, or other financial
institution authorized to provide trust services under Title 5, as amended, or under the applicable
laws of the United States or any other state, or a board of trustees, consisting of at least
three members, who shall reside in the State of Alabama, one of whom is engaged in outside
cemetery management, and each of whom shall be bonded to honestly perform the duties of trustee
under a formal trust agreement. (b) Except as specifically provided in this subsection, commencing
on July 1, 2014, a person serving on a board of trustees or cemetery authority may not also
serve as a trustee of an endowment care fund for the cemetery authority. A board of trustees
in existence on July 1, 2014, may continue to...
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27-17A-2
Section 27-17A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ALTERNATIVE CONTAINER. A nonmetal receptacle or enclosure, without ornamentation
or a fixed interior lining, which is designed for the encasement of human remains and which
is made of cardboard, pressed-wood, composition materials (with or without an outside covering),
or pouches of canvas or other materials. (2) ARRANGEMENT CONFERENCE. The meeting occurring
either at need or preneed between the seller and the purchaser during which funeral or cemetery
merchandise and services are discussed. (3) ARRANGEMENT CONFERENCE FEE. The charge to the
purchaser in conjunction with the arrangement conference. (4) AT NEED. At the time of death,
or immediately following death. (5) AUTHORIZING AGENT. One who is lawfully authorized to control
the final disposition of human remains. (6) BELOW-GROUND CRYPT. A preplaced enclosed chamber,
which is usually constructed of reinforced concrete,...
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27-17A-50
Section 27-17A-50 Financial interest in asset or business in which endowment care trust invests,
etc.; disposition of funds. (a) No cemetery authority may directly or indirectly require or
direct the investment, reinvestment, or retention by a qualified trustee of any part of an
endowment care trust in any asset or business in which the cemetery authority or any officer,
director, owner, partner, or employee of the cemetery authority has a financial interest.
Nothing contained in this subsection shall prevent the trustee, subject to the provisions
regarding investment and reinvestment of the trust estate as are contained in the governing
instrument creating the trust, from investing, reinvesting, or retaining any asset or business
in which the cemetery authority or any officer, director, owner, partner, or employee of the
cemetery authority has an insubstantial or nonmaterial financial interest, provided that the
trustee, in the exercise of the trustee's discretion, deems the...
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27-17A-54
Section 27-17A-54 Annual report. An annual report of the endowment care fund shall be made
to the commissioner by each cemetery authority within 90 days of the close of each calendar
year. This report shall include the qualified trustee's name or names, the bond numbers if
individual trustees or the name and address of the financial institution in which the fund
is maintained, and the affidavit of the cemetery authority affirming compliance with this
article. Prior to the sale or transfer of a cemetery, the cemetery authority shall report
and document to the commissioner that the endowment care fund is currently funded in accordance
with this article. (Act 2002-74, p. 221, §1.)...
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31-5-3
Section 31-5-3 State Board of Veterans' Affairs. (a) The State Board of Veterans' Affairs shall
consist of the Governor, as chair, and representatives, to serve for a term of four years
from the date of their respective appointments, who shall be selected from the memberships
of the Alabama Department of the American Legion, the United Spanish American War Veterans,
the Veterans of Foreign Wars, the Disabled American Veterans, Veterans of WWI of the USA,
Incorporated, the Vietnam Veterans of America, AMVETS, the Military Order of the Purple Heart,
the American Ex-Prisoners of War, Incorporated, the Alabama Alliance of the Military Officers
Association of America, Inc., and the Marine Corps League, the nomination of the representatives
to be made by the executive committees or similar governing bodies of the respective organizations
on the following ratio of the membership as it existed on July 1 of the year in which the
appointment is to be made by the Governor in a manner whereby...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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27-17A-49
Section 27-17A-49 Endowment care fund deposits; qualification as endowment care cemetery. (a)
From the sale price of each plot, crypt, or niche sold by the cemetery authority, of an endowment
care cemetery, it shall pay an amount, not less than as determined in accordance with the
following schedule, to the trustee of the endowment care fund, which payment shall be paid
over to the trustee not more than four months after the close of the month in which the total
or final payment on the sale has been received: (1) Fifteen percent of the sale price of each
grave or lawn crypt space. (2) Five percent of the sale price of each mausoleum crypt or niche.
(3) The amount received for special care funds, gifts, grants, contribution devises, or bequests
made with respect to the separate or special care of a particular lot, grave, crypt, niche,
mausoleum, monument, or marker or that of a particular family, as distinguished from the general
endowed care of a cemetery or of a garden. (b) In...
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27-17A-51
Section 27-17A-51 Propriety of expenditures; income payments to cemetery authority. The trustee
shall not be required to inquire into the propriety of the expenditures made by the cemetery
authority in connection with endowment care of the cemetery, and it shall not be held responsible
in any manner whatsoever for and on account of payments of the income from the endowment care
fund made to the cemetery authority. (Act 2002-74, p. 221, §1.)...
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27-17A-32
Section 27-17A-32 Rights of seller; powers and duties of trustee. (a) If amounts paid by the
purchaser under a preneed contract for funeral merchandise have previously been deposited
in trust, the seller may withdraw the principal amount and trust appreciation attributable
to the delivered item at such time as the funeral merchandise is delivered or installed or,
if comprised of materials designed to withstand prolonged, protected storage without deterioration,
the merchandise is placed in storage with a responsible third party bonded and insured for
the wholesale value thereof and evidenced by a receipt specifically identifying the item,
the specific preneed contract, the location of the item, and the identity and address of the
bonding and insuring parties. For purposes of this subsection only, caskets and alternative
containers may not be held in storage by the seller or a third party storage facility prior
to the death of the funeral beneficiary. (b) The trustee shall make regular...
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27-17A-13
Section 27-17A-13 Monies to be placed in trust; compliance by pre-existing preneed contracts.
(a) Except as provided in Sections 27-17A-3 and 27-17A-14, every preneed contract shall require
the monies paid to the seller or trustee to be placed in trust in accordance with Article
3, for funeral merchandise and services sold by funeral establishments or third party sellers,
or Article 4, for cemetery merchandise and services sold by cemetery authorities. (b) Although
this chapter does not apply to preneed contracts entered into prior to May 1, 2002, a preneed
provider which contends that a preneed trust fund which was in effect prior to May 1, 2002,
complies with this chapter with respect to the contracts entered into prior to May 1, 2002,
may provide to the commissioner documentary proof thereof. Upon the commissioner determining
that compliance has been established, the pre-existing preneed trust fund assets may be merged
with or into the trust fund required under this chapter or...
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