2001 REGULAR SESSION (71st) A AB402 464
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 3 through 7 and inserting:
“1. The board of county commissioners of a county whose population is less than 20,000 may adopt an ordinance allowing one or more natural persons to designate as a family cemetery an area of land owned by any of those persons for the interment in that area without charge of any member of the family of any of them or any other person.
2. Before the first interment in a family cemetery designated in accordance with an ordinance adopted pursuant to subsection 1, a member of the”.
Amend the bill as a whole by renumbering sections 2 through 5 as sections 3 through 6 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. NRS 451.069 is hereby amended to read as follows:
451.069 As used in NRS 451.070 to [451.340,] 451.330, inclusive, “cemetery authority” means any natural person, partnership, association, corporation or public entity, including the University and Community College System of Nevada or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this state.”.
Amend sec. 3, page 2, by deleting lines 10 through 15 and inserting:
“time of not less than 1 year [in] after which the [removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city will itself] cemetery authority may proceed to remove the remains and”.
Amend sec. 4, page 2, by deleting lines 25 through 28 and inserting:
“once a week for [2 successive months.] 4 consecutive weeks.
2. The notice must specify the period after which the cemetery authority may remove the remains.”.
Amend the bill as a whole by renumbering sec. 6 as sec. 10 and adding new sections designated sections 7 through 9, following sec. 5, to read as follows:
“Sec. 7. NRS 451.280 is hereby amended to read as follows:
451.280 Whenever human remains have been ordered removed under the provisions of NRS 451.069 to [451.340,] 451.330, inclusive, and the cemetery authority has made and published notice of [intention] the determination to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged or otherwise encumbered as security for any loan or loans made to the cemetery authority.
Sec. 8. NRS 451.310 is hereby amended to read as follows:
451.310 If, [prior to the adoption of an ordinance pursuant to the provisions of NRS 451.069 to 451.340, inclusive,] before receiving notice of any determination made by a governmental authority pursuant to NRS 451.070, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.
Sec. 9. NRS 451.330 is hereby amended to read as follows:
451.330 After all remains have been removed from a cemetery in accordance with the provisions of NRS 451.069 to [451.340,] 451.330, inclusive, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:
1. That all bodies have been removed, or that no interments were made; and
2. That the property is no longer used or required for interment.”.
Amend sec. 6, page 2, by deleting line 37 and inserting:
“Sec. 10. NRS 451.090, 451.100, 451.120, 451.200, 451.210, 451.220, 451.230, 451.240 and 451.250 are hereby repealed.”.
Amend the bill as a whole by deleting the text of repealed sections and adding the leadlines of repealed sections to read as follows:
“
LEADLINES OF REPEALED SECTIONS
451.090 Authority for declaration of intention by cemetery authority; procedure for declaration by cemetery corporation or association.
451.100 Declaration of intention by cemetery authority: Contents.
451.120 Declaration of intention by cemetery authority: Title and contents of notice.
451.200 Right of relative or friend to remove remains.
451.210 Delivery of affidavit to cemetery authority; consent of heirs; effect of affidavit and consent.
451.220 Persons entitled to remove without filing of consent.
451.230 Heir of grantee of plot entitled to remove without filing of consent; affidavit of heir as evidence of transfer.
451.240 Removal of improvements by relative or friend; authority to permit removal.
451.250 Removal of improvements by cemetery authority.”.
Amend the title of the bill to read as follows:
“AN ACT relating to cemeteries; authorizing the adoption of ordinances in certain counties allowing the designation of family cemeteries; revising the authority and procedure for ordering the disinterment and removal of human remains; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes adoption of ordinances in certain counties for designation of family cemeteries and authorizes cemetery authorities to order disinterment and removal of human remains. (BDR 40‑1192)”.