Assembly Bill No. 402–Assemblymen Freeman and Marvel

 

March 16, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Provides for family cemeteries and authorizes cemetery authorities to order disinterment and removal of human remains. (BDR 40‑1192)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to cemeteries; authorizing the creation of family cemeteries; revising the authority and procedure for ordering disinterment and removal of human remains and care of gravesites; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 451 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  One or more natural persons may designate as a family cemetery

1-4  an area of land owned by any of those persons and may inter in that area

1-5  any member of the family of any of them or any other person, but may

1-6  not charge any person for permission to inter in the area.

1-7    2.  Before the first interment in the family cemetery, a member of the

1-8  family or a representative of the family shall notify the health division of

1-9  the department of human resources of the designation of the family

1-10  cemetery and its specific location on the land owned by the family.

1-11    Sec. 2.  NRS 451.070 is hereby amended to read as follows:

1-12    451.070  [The governing body of any incorporated city] A cemetery

1-13  authority may order the disinterment and removal of all human remains

1-14  interred in all or any part of any cemetery [situated within its limits,

1-15  whenever the governing body, by ordinance, declares] if the cemetery

1-16  authority or a governmental authority determines that the further

1-17  maintenance of all or any part of the cemetery as a burial place for the

1-18  human dead is not in accordance with the health, safety, comfort or welfare

1-19  of the public[.] or if the cemetery authority determines that financial

1-20  provision must be made for future care of gravesites within a specified

1-21  area.

 

 

2-1    Sec. 3.  NRS 451.080 is hereby amended to read as follows:

2-2    451.080  1.  The [governing body of such a city may in any ordinance

2-3  ordering or directing the disinterment and removal of such remains]

2-4  cemetery authority may prescribe reasonable regulations governing the

2-5  manner of making disinterments and removals and providing for

2-6  reinterment in a portion of the existing cemetery or in any other cemetery

2-7  or for deposit of the remains in any memorial mausoleum or columbarium

2-8  [.] or for providing appropriate future care.

2-9    2.  The [ordinance] cemetery authority must prescribe a reasonable

2-10  time of not less than 1 year in which the removal of remains may be made

2-11  by the cemetery authority, [or] by the owners or holders of interment

2-12  spaces, or by the relatives or friends of those whose remains are interred in

2-13  the cemetery, and may also provide that if the remains are not removed or

2-14  appropriate provision made for future care within the period fixed, the

2-15  [city will itself] cemetery authority will proceed to remove the remains and

2-16  reinter them in another cemetery or deposit them in a memorial mausoleum

2-17  or columbarium.

2-18    Sec. 4.  NRS 451.110 is hereby amended to read as follows:

2-19    451.110  1.  Notice of a [declaration of intention] determination to

2-20  remove the human remains from all or any part of any cemetery [shall]

2-21  must be given by publication in a newspaper of general circulation

2-22  published in the city, or the county if the cemetery is in an

2-23  unincorporated area, in which the cemetery or the portion from which

2-24  removals are to be made is situated. Publication [shall] must be at least

2-25  once a week for 2 successive months.

2-26    2.  The notice must contain the period, running from the date of first

2-27  publication, during which persons other than the cemetery authority may

2-28  remove remains or provide for appropriate care of gravesites.

2-29    Sec. 5.  NRS 451.260 is hereby amended to read as follows:

2-30    451.260  After the completion of notice and after the expiration of the

2-31  period [of 10 months] specified in the notice, [any] the cemetery authority

2-32  may cause the removal of all human remains interred in the cemetery or

2-33  portion from which the remains have been ordered removed, and may

2-34  reinter such remains in other cemeteries in this state where interments are

2-35  permitted, without further notice to any person claiming any interest in the

2-36  cemetery, or portion affected, or in the remains interred therein.

2-37    Sec. 6.  NRS 451.090, 451.100 and 451.120 are hereby repealed.

 

2-38  TEXT OF REPEALED SECTIONS

 

2-39    451.090  Authority for declaration of intention by cemetery

2-40   authority; procedure for declaration by cemetery corporation or

2-41   association.

2-42    1.  The cemetery authority of any cemetery from which human remains

2-43   are ordered removed by an ordinance adopted in accordance with NRS

2-44   451.070 and 451.080 may declare its intention and purpose to disinter and

3-1  remove the remains in accordance with the ordinance, and to reinter the

3-2  remains in a portion of the existing cemetery or in any other cemetery, or

3-3   to deposit the removed remains in a memorial mausoleum or

3-4   columbarium.

3-5    2.  In the case of a cemetery corporation or association the procedure

3-6   for the declaration is by resolution of the governing body of the

3-7   corporation or association, ratified and approved by a majority vote of the

3-8   lot owners or holders at any regular meeting of the corporation or

3-9   association, or at a meeting specially called for the purpose.

3-10    451.100  Declaration of intention by cemetery authority: Contents.

3-11   Any resolution or declaration of intention to disinter and remove human

3-12   remains pursuant to the provisions of NRS 451.090 adopted or declared by

3-13   any cemetery authority shall specify and declare that at any time after the

3-14   expiration of 10 months from and after the first publication of the notice of

3-15   the resolution or declaration, the human remains then remaining in all or

3-16   any part of the cemetery will be removed by the cemetery authority.

3-17    451.120  Declaration of intention by cemetery authority: Title and

3-18   contents of notice. The notice shall be entitled: “Notice of Declaration

3-19   of Intention To Remove Human Remains From ................ (insert name of

3-20   cemetery) in accordance with the provisions of City Ordinance No. ..........

3-21   (insert number) of the ................ (insert name of city) adopted ..........

3-22   (insert date)” and shall specify a date not less than 10 months after the first

3-23   publication when the cemetery authority causing the notice to be published

3-24   will proceed to remove the remains then remaining in such cemetery or the

3-25   portion from which removals are to be made.

 

3-26  H