§ 36-7108. Exceptions to application of act.

A.  The provisions of the Perpetual Care Fund Act shall not apply to municipal, religious, fraternal, or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state.

B.  The provisions of the Perpetual Care Fund Act may apply to unincorporated cemetery associations operating cemeteries in this state.  Unincorporated cemetery associations that make application with the Insurance Commissioner to maintain a perpetual care fund and are approved by the Commissioner shall comply with all provisions of the Perpetual Care Fund Act.

Added by Laws 1953, p. 17, § 8, emerg. eff. May 19, 1953.  Amended by Laws 1995, c. 82, § 3, eff. Nov. 1, 1995; Laws 1999, c. 196, § 1, emerg. eff. May 24, 1999; Laws 2009, c. 3, § 4, eff. July 1, 2009; Laws 2010, c. 58, § 7, eff. July 1, 2010.  Renumbered from Title 8, § 168 by Laws 2010, c. 58, § 33, eff. July 1, 2010.