This section sets fees and qualification rules for an abandoned cemetery sales and management license, requires surplus funds to go into a trust account, and lets the division place conditions on licenses.
§412. Application for license; qualifications; fees A. The board may charge an application fee for an abandoned cemetery sales and management license in the amount of two hundred fifty dollars and an annual license renewal fee in the amount of two hundred fifty dollars. B. An abandoned cemetery sales and management license shall be issued only to a nonprofit juridical person, and the officers and directors of such entities shall serve voluntarily and without compensation for their services. (1) Any excess funds realized by a licensee shall be deposited into a trust account, and the funds of the account may be used only for the maintenance and upkeep of the cemetery and the cemetery records. (2) Nothing in this Section shall restrict a licensee from paying necessary expenses and maintenance costs to contractors. C. Nonprofit juridical persons whose officers, directors, or members have ancestors within an abandoned cemetery and who meet the qualifications to obtain a cemetery management organization or cemetery sales organization license pursuant to R.S. 8:402 may apply to the board, pursuant to this Chapter, for an abandoned cemetery sales and management license. D.(1) Prior to the issuance of any license issued pursuant to this Chapter, the board shall consult with the division regarding the reasonableness of the operation of any abandoned cemetery. (2) The division may impose reasonable conditions and limitations on any license issued by the board relative to a particular abandoned cemetery. (3) The division shall have a cause of action for specific performance against any licensee who violates the provisions of this Subsection. Acts 2016, No. 413, §1, eff. Jan. 1, 2017; Acts 2022, No. 574, §1.