§ 20-17-1011 — Permit - Amendment

(a) Whenever it is proposed that a cemetery subject to this subchapter amend its present permit, whether for construction of a structure such as a mausoleum or columbarium, reduction of boundaries of twenty percent (20%) or more, reduction or increase in percentage of gross sales proceeds to be placed in the permanent maintenance fund, or other amendment, then the cemetery company shall file an application for amendment of the permit. (b) The application shall be accompanied by: (1) A fee of four hundred dollars ($400); (2) A statement of each proposed amendment; (3) Statements, documents, and other information necessary to provide justification for the amendment; (4) If the amendment is for construction of a mausoleum, columbarium, or similar structure, the application shall include: (A) Plans and specifications of the structure; (B) A report of the inspection of the plans by the Department of Health; (C) A copy of the sales contracts and conveyance documents proposed to be used; (D) A proposed contribution to the permanent maintenance fund; (E) A statement of whether the amount of the sales force will be utilized and of how preconstruction sales and interments will be handled; (F) The location of the proposed structure; (G) The estimated completion date; (H) Either of the following, when sales proceeds may be received by the cemetery company before completion of construction and payment in full of the structure: (i) An executed escrow agreement approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services with a federally insured financial institution or other financial institution approved by the board that provides among other things that one hundred percent (100%) of the sales proceeds collected before the completion of construction and payment in full of the structure will be placed into escrow; or (ii) (a) An executed copy of the construction agreement for the structure that states the total construction cost and the date the construction will be completed with either an executed irrevocable letter of credit from a federally insured financial institution or other financial institution approved by the board equal to one hundred twenty-five percent (125%) of the total cost of the structure, a cash bond posted with a federally insured financial institution or other financial institution approved by the board equal to one hundred thirty percent (130%) of the total cost of the structure, or a construction performance bond payable to the board in the amount equal to the total cost of the structure as stated in the construction agreement. (b) (1) All letters of credit and bonds, and their issuers, shall be approved by the board. (2) A letter of credit under this subdivision (b)(4)(H)(ii) (b) shall state that the funds provided shall be paid to the board for the purpose of completing the construction of the structure or paying in full the completed structure if not done before the completion date stated in the construction agreement. (3) A construction performance bond under this subdivision (b)(4)(H)(ii) (b) shall state that the insurer shall advance the funds necessary to complete the construction of the structure or pay for the completed structure, if not done before the date stated in the construction agreement. (4) A cash bond under this subdivision (b)(4)(H)(ii) (b) shall provide that the financial institution shall pay the cash proceeds of the bond upon order of the board. (5) Letters of credit or construction bonds shall state that if the structure is not completed and paid for in full within the maximum time provided for construction under this section, the letters of credit or construction bonds shall be used to complete and pay for the structure; (I) Certification of an estimated start date for construction to take place no later than thirty-six (36) months after the date of the permit and further certifying completion within five (5) years after the date of the permit unless extended for good cause by the board; and (J) Other information necessary to show that construction will be done in a good and workmanlike manner and be fireproof; and (5) Other information as the board may by rule or order require. (c) The application for the amendment of the permit shall be filed with the board at least twenty (20) calendar days before the meeting at which the board will consider the application.

Legislative History

Amended by Act 2021, No. 731,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 731,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 731,§ 4, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 41, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 40, eff. 7/1/2018. Acts 1977, No. 352, § 12; A.S.A. 1947, § 82-426.12; Acts 1997, No. 295, § 6; 2005, No. 2169, § 2; 2009, No. 715, §§ 7, 8.