1. Within the boundaries of the cemetery lands that the cemetery owns, a cemetery may perform the following functions:
a. The exclusive care and maintenance of the cemetery.
b. The exclusive interment, entombment, or inurnment of human remains, including the exclusive right to open, prepare for interment, and close all ground, mausoleum, and urn burials. Each preneed contract for burial rights or services shall disclose, pursuant to the cemetery's bylaws, rules, and regulations, whether opening and closing of the burial space is included in the contract, and, if not, the current prices for opening and closing and a statement that these prices are subject to change. Each cemetery which sells preneed contracts must offer opening and closing as part of a preneed contract.
c. The exclusive initial preneed and at-need sale of interment or burial rights in earth, mausoleum, crypt, niche, or columbarium interment. However, this chapter does not limit the right of a person owning interment or burial rights to sell those rights to third parties subject to transfer of title by the cemetery.
d. The adoption of bylaws regulating the activities conducted within the cemetery's boundaries, provided that a licensed funeral director shall not be denied access by any cemetery to conduct a funeral for or supervise a disinterment of human remains. The cemetery shall not approve any bylaw which unreasonably restricts competition, or which unreasonably increases the cost to the owner of interment or burial rights in utilizing these rights.
e. The nonexclusive preneed and at-need sale of the following:
(1) Monuments.
(2) Memorials.
(3) Markers.
(4) Installation of monuments, memorials, or markers.
(5) Burial vaults.
(6) Urns.
(7) Flower vases.
(8) Floral arrangements.
(9) Other similar merchandise for use within the cemetery.
f. The entry into sales or management contracts with other persons. The cemetery shall be responsible for the deposit of all moneys required to be placed in a trust fund.
2. A full disclosure shall be made of all fees required for interment, entombment, or inurnment of human remains.
3. A cemetery may adopt bylaws establishing minimum standards for burial merchandise or the installation of such merchandise.
4. A cemetery shall provide services necessary for the installation or burial of vaults or other similar merchandise sold by the cemetery. This subsection shall not require the cemetery to provide for opening or closing interment or entombment space, unless an agreement executed by the cemetery expressly provides otherwise.
95 Acts, ch 149, §27; 98 Acts, ch 1189, §24; 99 Acts, ch 166, §15
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