§ 20-17-1002 — Definitions

As used in this subchapter: (1) "Care and maintenance" means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery; (2) (A) "Cemetery" means any land or a structure in this state dedicated to and used or intended to be used for interment of human remains. (B) "Cemetery" includes a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more burial parks or mausoleums; (3) "Cemetery company" means an individual, partnership, corporation, limited liability company, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery or making an application with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to own or control the lands or conduct the business; (4) "Columbarium" means a structure or room or space in a building or structure used or intended to be used for the interment of cremated human remains; (5) "Crypt" means a chamber of sufficient size to inter the remains of a deceased person; (6) "Infant interment garden" means a designated area in a perpetual care cemetery for the interments of infants and children no more than twenty-four (24) months of age; (7) "Interment" means the lawful disposition of the remains of a deceased person as provided by law; (8) "Lawn crypt" means an interment space sometimes referred to as a "belowground crypt", "westminister", or "turf top crypt" in a preplaced chamber or burial vault either side-by-side or at multiple depths, covered by earth and sod; (9) "Lot or grave space" means a space of ground in a cemetery used or intended to be used for interment therein; (10) "Mausoleum" means a community-type structure or room or space in a building or structure used or intended to be used for the interment of human remains in crypts or niches; (11) "Niche" means a space in a columbarium that is used or intended to be used for the interment of the cremated remains of one (1) or more deceased persons; (12) "Permit holder" means a cemetery company that holds a permit issued by the board to own or operate a perpetual care cemetery; (13) "Perpetual care cemetery" means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter; and (14) "Properly maintained" means, with regard to a perpetual care cemetery, provided care and maintenance services, including without limitation: (A) Mowing the grass of the perpetual care cemetery; (B) Weed trimming around lots or grave space and fences or property lines of the perpetual care cemetery; (C) Emptying trash receptacles located at the perpetual care cemetery; and (D) Removing excess dirt, tree limbs, leaves, trash, and other debris from the grounds of the perpetual care cemetery.

Legislative History

Amended by Act 2021, No. 731,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 731,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 31, eff. 7/1/2018. Acts 1977, No. 352, § 2; A.S.A. 1947, § 82-426.2; Acts 1997, No. 295, § 1; 2001, No. 1242, § 1; 2007, No. 827, § 163; 2009, No. 714, § 1; 2009, No. 715, §§ 1, 2: 2011, No. 590, § 1.