35-21-103. Exemptions and limitations on applicability of chapter. (1) The provisions of this chapter relating to private mausoleums and columbariums do not apply to any of the following:
     (a) any religious corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination, or any cemetery, mausoleum, or columbarium organized, controlled, and operated by any of them;
     (b) any county, town, or city cemetery, mausoleum, or columbarium;
     (c) any crematory, crematory operator, or crematory technician licensed under Title 37, chapter 19.
     (2) A condition, section, or provision of this chapter may not be construed or interpreted to apply to any act or in any way pertain to or affect any Montana mausoleum corporation in existence on July 1, 1949, operating under Montana charter dated prior to the year 1920.
     (3) The provisions of this chapter do not affect the corporate existence or rights or powers of any cemetery corporation organized under any law of the state of Montana in which a mausoleum, columbarium, or crematory or combination thereof is situated, maintained, or operated in conjunction with a cemetery for the burial of dead human remains by ground interment. This chapter and all its provisions are applicable to mausoleums or columbariums owned, operated, or controlled by a mausoleum-columbarium authority organized and governed as provided in this chapter and owning, controlling, or operating lands, buildings, or structures solely for the entombment and inurnment of human remains.

     History: (1), (2)En. Sec. 122, Ch. 35, L. 1949; Sec. 9-1014, R.C.M. 1947; (3)En. Sec. 38, Ch. 35, L. 1949; Sec. 9-703, R.C.M. 1947; R.C.M. 1947, 9-703, 9-1014; amd. Sec. 12, Ch. 38, L. 1993.