Iowa Cemetery Act
Iowa · Iowa Cemetery Act · §§ 523I.101 to 523I.814 · 70 sections
Overview
The act regulates cemeteries and the sale of interment rights, setting requirements for interment spaces, memorials, outer burial containers, recordkeeping, and disclosure of prices, fees, and contract terms to purchasers, while prohibiting practices such as speculation in interment rights, sales commissions or bonuses, and discrimination. Administration rests with a designated state regulator empowered to adopt rules and forms, maintain a registry of new cemeteries, conduct examinations and investigations, issue subpoenas and cease and desist orders, seek injunctions and receiverships, and pursue civil penalties for fraudulent, misleading, or unauthorized conduct. It also governs the protection and public accessibility of cemeteries and burial sites, the care of neglected grounds, the interment, relocation, disinterment, and removal of remains, and county-level management of certain older burial sections.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 827 NW2D 184 - In the Matter of the Estate of Mary Florence Whalen, Michael Whalen
Sections covered
- Iowa Code § 523I.101Short title
- Iowa Code § 523I.102Definitions
- Iowa Code § 523I.103Applicability of chapter
- Iowa Code § 523I.201Administration
- Iowa Code § 523I.202Investigations and subpoenas
- Iowa Code § 523I.203Cease and desist orders — injunctions
- Iowa Code § 523I.204Court action for failure to cooperate
- Iowa Code § 523I.205Prosecution for violations of law — civil penalties
- Iowa Code § 523I.206Cooperation with other agencies
- Iowa Code § 523I.207Rules, forms, and orders
- Iowa Code § 523I.208Date of filing — interpretive opinions
- Iowa Code § 523I.209Misleading filings
- Iowa Code § 523I.210Misrepresentations of government approval
- Iowa Code § 523I.211Fraudulent practices
- Iowa Code § 523I.212Receiverships
- Iowa Code § 523I.213Insurance division’s enforcement fund
- Iowa Code § 523I.213AExaminations — authority and scope
- Iowa Code § 523I.213BVenue
- Iowa Code § 523I.214Violations of law — referrals to the department of health and human services
- Iowa Code § 523I.301Disclosure requirements — prices and fees
- Iowa Code § 523I.302Installation of outer burial containers
- Iowa Code § 523I.303Access by funeral directors
- Iowa Code § 523I.304Rulemaking and enforcement
- Iowa Code § 523I.305Memorials and memorialization
- Iowa Code § 523I.306Commission or bonus unlawful
- Iowa Code § 523I.307Discrimination prohibited
- Iowa Code § 523I.308Speculation prohibited
- Iowa Code § 523I.309Interment, relocation, or disinterment of remains1 cite
- Iowa Code § 523I.310Sale of interment rights
- Iowa Code § 523I.311Records of interment rights and interment
- Iowa Code § 523I.312Disclosure requirements — interment agreements
- Iowa Code § 523I.313New cemeteries and gardens and cemetery registry
- Iowa Code § 523I.314New construction
- Iowa Code § 523I.314AStandards for interment spaces
- Iowa Code § 523I.315Unpaid care assessments and unoccupied interment spaces
- Iowa Code § 523I.316Protection of cemeteries and burial sites
- Iowa Code § 523I.317Duty to provide public access
- Iowa Code § 523I.401Neglected cemeteries
- Iowa Code § 523I.402Removal of remains
- Iowa Code § 523I.403Pioneer section — management by county cemetery commission
- Iowa Code § 523I.501Cemetery authorized
- Iowa Code § 523I.502Trust for cemetery
- Iowa Code § 523I.503Authority to receive gifts and deposits for care — certificates
- Iowa Code § 523I.504Appointment of successor trustee
- Iowa Code § 523I.505County auditor as trustee
- Iowa Code § 523I.506Commingling of care funds by governmental subdivisions
- Iowa Code § 523I.507Investment of care funds by governmental subdivisions
- Iowa Code § 523I.508Management by governmental subdivisions
- Iowa Code § 523I.601Settlement of estates — maintenance fund
- Iowa Code § 523I.602Management by trustee
- Iowa Code § 523I.603Owners of interment rights
- Iowa Code § 523I.604Lien against cemetery property
- Iowa Code § 523I.605Private care of graves
- Iowa Code § 523I.701Requirements for lawn crypts
- Iowa Code § 523I.702Request to install lawn crypts in fewer than ten units
- Iowa Code § 523I.801Applicability and conversion by nonperpetual care cemeteries
- Iowa Code § 523I.802Advertising
- Iowa Code § 523I.803Perpetual care registry
- Iowa Code § 523I.804Use of gift for special care
- Iowa Code § 523I.805Initial deposit
- Iowa Code § 523I.806Irrevocable trust
- Iowa Code § 523I.807Care fund deposits
- Iowa Code § 523I.808Annual report — examination fee
- Iowa Code § 523I.809Trust agreement provisions
- Iowa Code § 523I.810Care funds
- Iowa Code § 523I.811Use of distributions from care fund
- Iowa Code § 523I.811AEmergency use of care funds
- Iowa Code § 523I.812Suit by commissioner
- Iowa Code § 523I.813Annual report by perpetual care cemeteries
- Iowa Code § 523I.814Unified annual reports
Enacted in other states
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