Connecticut 2019 Regular Session

Connecticut House Bill HB07315 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 7315
8	6		January Session, 2019
9	7		LCO No. 5411
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12	10		Referred to Committee on JUDICIARY
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14	12
15	13		Introduced by:
16	14		(JUD)
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20	19		AN ACT CONCERNING AD JUDICATION OF COMPLAINTS MADE
21	20		AGAINST SEXTONS.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Section 7-66 of the general statutes is repealed and the 1
26	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
27	26		(a) The sexton of a cemetery shall specify on the removal, transit 3
28	27		and burial permit the place of burial, by section, lot or grave, or other 4
29	28		place of interment. If the removal, transit and burial permit is recorded 5
30	29		in an electronic death registry system, the sexton shall enter the place 6
31	30		of burial in such system not later than three days after the date of the 7
32	31		burial. For any removal, transit and burial permit in a paper format, 8
33	32		the sexton shall forward such completed and signed removal, transit 9
34	33		and burial permit to the registrar of the town where the body is buried, 10
35	34		and send a copy of such removal, transit and burial permit to the 11
36	35		registrar of the town where death occurred. For any disinterment of a 12
37	36		body, the sexton who is in charge of reinterring such body shall: (1) 13
38	37		Complete a disinterment permit as required pursuant to section 7-67 14
39		-	specifying the place of reinterment by section, lot or grave, or other 15
40		-	place of interment; (2) return a completed disinterment permit to the 16 Raised Bill No. 7315
	38	+	specifying the place of reinterment by section, lot or grave, or other 15 Raised Bill No. 7315
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	44	+	place of interment; (2) return a completed disinterment permit to the 16
47	45		registrar of the town where the body is buried; and (3) send a copy of 17
48	46		such disinterment permit to the registrar of the town where the death 18
49	47		occurred. Any removal, burial and transit permit and disinterment 19
50	48		permit in a paper format shall be forwarded to the proper registrar by 20
51	49		the first week of the month following interment or disinterment. 21
52	50		(b) For a body that is placed temporarily in a receiving vault of any 22
53	51		cemetery and subsequently buried in the same cemetery, no additional 23
54	52		removal, burial and transit permit shall be required. In each case 24
55	53		herein provided for, the sexton of such cemetery shall endorse upon 25
56	54		the removal, transit and burial permit the date when the body was 26
57	55		placed in the temporary receiving vault, and the date when and the 27
58	56		place where such body was subsequently buried. If such subsequent 28
59	57		burial is to be in any cemetery other than the cemetery where the body 29
60	58		was temporarily deposited or if the body is to be cremated, the sexton 30
61	59		shall return the original burial permit to the registrar of the town 31
62	60		where death occurred, who shall thereupon issue another removal, 32
63	61		burial and transit, or cremation permit if necessary. 33
64	62		(c) Each sexton having charge of any burial place shall report all 34
65	63		interments, disinterments and removals made by such sexton to the 35
66	64		registrar of the town where the cemetery is located. If the death is 36
67	65		recorded in an electronic death registry system, a sexton shall fulfill the 37
68	66		requirements of this subsection by completing the removal, transit and 38
69	67		burial permit in such registry system. For any removal, transit and 39
70	68		burial permit in a paper format, the sexton shall forward to the 40
71	69		registrar of the town where the cemetery is located a monthly list of all 41
72	70		interments, disinterments and removals of bodies in temporary 42
73	71		receiving vaults. Such list shall be due during the first week of the 43
74	72		month following the month in which the sexton completed the 44
75	73		interments, disinterments and removals of bodies in temporary 45
76	74		receiving vaults. 46
77	75		(d) Any complaint alleging that a sexton has violated the provisions 47
78		-	of subsection (a) or (b) of this section, shall be filed with the Probate 48
79		-	Court in the district in which the cemetery is located. The Probate 49 Raised Bill No. 7315
	76	+	of subsection (a) or (b) of this section, shall be filed with the Probate 48 Raised Bill No. 7315
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	82	+	Court in the district in which the cemetery is located. The Probate 49
86	83		Court shall provide a copy of the complaint to the sexton by first class 50
87	84		mail. The Probate Court shall schedule a hearing on such complaint 51
88	85		not later than forty-five days after the date of receipt of such complaint 52
89	86		and shall provide notice of the hearing by first class mail to the 53
90	87		complainant and the sexton. Following such hearing, if the Probate 54
91	88		Court judge finds probable cause that the sexton has violated the 55
92	89		provisions of subsection (a) or (b) of this section, such judge shall refer 56
93	90		the complaint alleging criminal wrongdoing by the sexton to the state's 57
94	91		attorney for the judicial district in which the cemetery is located. 58
95	92		[(d)] (e) Any sexton who violates the provisions of subsections (a) 59
96	93		and (b) of this section shall be guilty of a class D felony. Any sexton 60
97	94		who fails to make the appropriate filing of reports as required by 61
98	95		subsection (c) of this section, by the end of the third week of a month 62
99	96		to the registrar of the town where the cemetery is located, shall be 63
100	97		subject to a fine of not more than one hundred dollars per day. 64
101	98		This act shall take effect as follows and shall amend the following
102	99		sections:
103	100
104	101		Section 1 October 1, 2019 7-66
105	102
106		-	JUD Joint Favorable
	103	+	Statement of Purpose:
	104	+	To provide a judicial mechanism for the resolution of complaints made
	105	+	against sextons.
	106	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	107	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	108	+	not underlined.]
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