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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-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-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-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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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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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-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-22
Section 27-17A-22 Violations and penalties. (a)(1) A person who knowingly receives payments
for a preneed contract without having a valid certificate of authority: a. Commits a Class
B felony, punishable as provided by law, as to each contract on which the payments collected
equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500). b. Commits
a Class C felony, punishable as provided by law, as to each contract on which the payments
collected are between, in the aggregate, five hundred dollars ($500) and two thousand five
hundred dollars ($2,500). c. Commits a Class A misdemeanor, punishable as provided by law,
as to each contract on which the payments collected do not exceed, in the aggregate, five
hundred dollars ($500). (2) In addition to the criminal penalty imposed under subdivision
(1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain
a certificate of authority or register as a preneed sales agent. (b)(1) A person who...
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34-13-1
Section 34-13-1 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) ACCREDITED SCHOOL or COLLEGE OF MORTUARY SCIENCE. A school or
college approved by the Alabama Board of Funeral Service and which maintains a course of instruction
of not less than 48 calendar weeks or four academic quarters or college terms and which gives
a course of instruction in the fundamental subjects including, but not limited to, the following:
a. Mortuary management and administration. b. Legal medicine and toxicology as it pertains
to funeral directing. c. Public health, hygiene, and sanitary science. d. Mortuary science,
to include embalming technique, in all its aspects; chemistry of embalming, color harmony;
discoloration, its causes, effects, and treatment; treatment of special cases; restorative
art; funeral management; and professional ethics. e. Anatomy and physiology. f. Chemistry,
organic and inorganic. g. Pathology. h. Bacteriology. i. Sanitation...
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45-22-30
Section 45-22-30 Cemetery board. (a) For the purposes of this section, the following terms
shall have the following meanings: (1) BOARD. The Cullman County Cemetery Board. (2) CEMETERY.
Any for profit cemetery in the county where property is used or intended to be used for the
interment of human remains, including, but not limited to, any property containing a grave,
lot, crypt, niche, or mausoleum and any gravestone, headstone, or other marker therein. (3)
MAINTENANCE. The act of maintaining a cemetery, including, but not limited to, any of the
following: a. The cutting and trimming of the lawn, shrubs, and trees. b. Keeping in repair
the drains, water lines, roads, buildings, fences, and other structures located in the cemetery.
c. The service and repair of machinery, tools, and equipment used for the maintenance of the
cemetery. (4) NEGLECTED CEMETERY. A cemetery that has become abandoned or neglected in any
of the following ways: a. Weeds, briars, bushes, or trees have become...
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