Cemetery Act
Tennessee · Cemeteries · §§ 46-1-101 to 46-1-313 · 44 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 3 court decisions.
Most-cited authority: 367 SW3D 196 - Betty Saint Rogers v. Louisville Land Company
Sections covered
- Tenn. Code Ann. § 46-1-101Application — Short title — Penalty1 cite
- Tenn. Code Ann. § 46-1-102Chapter definitions
- Tenn. Code Ann. § 46-1-103Certificate of registration — Temporary permit
- Tenn. Code Ann. § 46-1-104Renewal of certificate
- Tenn. Code Ann. § 46-1-105Cemetery consumer protection account
- Tenn. Code Ann. § 46-1-106Exemptions
- Tenn. Code Ann. § 46-1-107Sale or transfer1 cite
- Tenn. Code Ann. § 46-1-108Purchase and subdivision of land — Sale of lots — Approval of location for cemetery use — Purchase contract — Attachment or levy of execution
- Tenn. Code Ann. § 46-1-109Receiving and holding of grants and bequests
- Tenn. Code Ann. § 46-1-110Sale of land not suitable or needed for cemetery purposes
- Tenn. Code Ann. § 46-1-111Records
- Tenn. Code Ann. § 46-1-112Correction of error in interment or in the assignment of an interment right
- Tenn. Code Ann. § 46-1-113[Repealed.]
- Tenn. Code Ann. § 46-1-201Purpose of part
- Tenn. Code Ann. § 46-1-202Fidelity bond coverage — Exemptions
- Tenn. Code Ann. § 46-1-203Requirements for organization — Improvement care fund deposit
- Tenn. Code Ann. § 46-1-204Improvement care trust fund
- Tenn. Code Ann. § 46-1-205Payment of dividends — Restrictions — Recovery
- Tenn. Code Ann. § 46-1-206Sales of pre-need cemetery merchandise and services
- Tenn. Code Ann. § 46-1-207Pre-need sales contracts — Pre-need trust accounts
- Tenn. Code Ann. § 46-1-208Disposition of trust funds
- Tenn. Code Ann. § 46-1-209Satisfaction of contract — Cancellation of contract — Substitution of cemetery merchandise or services
- Tenn. Code Ann. § 46-1-210Waiver invalid
- Tenn. Code Ann. § 46-1-211Part applicable to mausoleums, crypts and columbariums
- Tenn. Code Ann. § 46-1-212Sale of unconstructed or unfinished mausoleums, crypts and columbariums
- Tenn. Code Ann. § 46-1-213Construction of crypts
- Tenn. Code Ann. § 46-1-214Trust account reports required — Inspection of trust account records
- Tenn. Code Ann. § 46-1-215Financial reports
- Tenn. Code Ann. § 46-1-216Verification of reports — Public records
- Tenn. Code Ann. § 46-1-217Agreement with owners of real property to conduct improvement care to graves located on property
- Tenn. Code Ann. § 46-1-218Net earnings of improvement care trust fund sufficient for permanent maintenance and upkeep
- Tenn. Code Ann. § 46-1-301Powers and duties of commissioner
- Tenn. Code Ann. § 46-1-302Penalty for failure to file report
- Tenn. Code Ann. § 46-1-303Duties and authority of commissioner
- Tenn. Code Ann. § 46-1-304Standard of cemetery care — Enforcement — Penalty for failure to maintain improvement care fund
- Tenn. Code Ann. § 46-1-305Attorney's fees1 cite
- Tenn. Code Ann. § 46-1-306Reasons to refuse to issue or renew, and to revoke or suspend registration — Disciplinary action — Civil penalties — Compliance examination or independent audit — Withholding of earnings and disbursements — Authority to issue citations — Notification and sharing information
- Tenn. Code Ann. § 46-1-307Violations — Penalties — Enforcement
- Tenn. Code Ann. § 46-1-308Fraud as to pre-need sales contract
- Tenn. Code Ann. § 46-1-309Revocation of charter or certificate of authority
- Tenn. Code Ann. § 46-1-310Action by state for recovery of illegally paid dividends
- Tenn. Code Ann. § 46-1-311Deficiency in improvement care fund — Failure to file reports — Effect — Orders
- Tenn. Code Ann. § 46-1-312Requirements for appointing a receiver to manage a cemetery
- Tenn. Code Ann. § 46-1-313Trespass on or injury to cemetery property — Interference with processions or religious exercises — Penalty
Enacted in other states
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