| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 25 LC 55 0532S | |
| 2 | - | The Senate Committee on Regulated Industries and Utilities offered the following | |
| 3 | - | substitute to SB 146: | |
| 1 | + | 25 LC 55 0470 | |
| 2 | + | Senate Bill 146 | |
| 3 | + | By: Senators Williams of the 25th, Hatchett of the 50th, Robertson of the 29th, Albers of the | |
| 4 | + | 56th, Mallow of the 2nd and others | |
| 4 | 5 | A BILL TO BE ENTITLED | |
| 5 | 6 | AN ACT | |
| 6 | - | To amend Titles 31, 36, and 44 of the Official Code of Georgia Annotated, relating to health,1 | |
| 7 | + | To amend Titles 31, 36, and 44 of the Official Code of Georgia Annotated, relating to health, | |
| 8 | + | 1 | |
| 7 | 9 | local government, and property, respectively, so as to provide regulations and protections of2 | |
| 8 | 10 | cemeteries and burial grounds; to revise procedures concerning the issuance of permits for3 | |
| 9 | 11 | the disinterment and reinterment of human remains; to revise procedures concerning the4 | |
| 10 | 12 | issuance of permits for the disturbance of abandoned cemeteries; to provide civil remedies5 | |
| 11 | 13 | for failures to obtain such permits; to provide for the issuance of permits for the6 | |
| 12 | 14 | establishment of family burial plots; to provide minimum requirements of family burial plots;7 | |
| 13 | 15 | to provide civil remedies for the failure to obtain such permits; to provide for a civil action8 | |
| 14 | 16 | regarding the ability to enter upon land for the purpose of visiting, caring for, or maintaining9 | |
| 15 | 17 | ancestral grave sites; to provide for a civil action regarding the ability to enter upon land for10 | |
| 16 | 18 | the purpose of discovering ancestral grave sites and conducting genealogical research in11 | |
| 17 | 19 | connection with ancestral grave sites; to provide definitions; to provide statutory12 | |
| 18 | 20 | construction; to conform cross-references; to provide for related matters; to repeal conflicting13 | |
| 19 | 21 | laws; and for other purposes.14 | |
| 20 | 22 | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 | |
| 21 | - | - 1 - 25 LC 55 0532S | |
| 22 | - | PART I16 | |
| 23 | + | S. B. 146 | |
| 24 | + | - 1 - 25 LC 55 0470 | |
| 25 | + | PART I | |
| 26 | + | 16 | |
| 23 | 27 | SECTION 1-1.17 | |
| 24 | 28 | Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code18 | |
| 25 | 29 | Section 31-10-1, relating to definitions, by adding two new paragraphs to read as follows:19 | |
| 26 | - | "(6.1) 'Human remains' shall have the same meaning as set forth in Code20 | |
| 30 | + | "(6.1) 'Human remains' shall have the same meaning as set forth in Code | |
| 31 | + | 20 | |
| 27 | 32 | Section 10-14-3."21 | |
| 28 | 33 | "(8.1) 'Licensed funeral director' means an individual licensed in this state to practice22 | |
| 29 | 34 | funeral directing pursuant to the provisions of Chapter 18 of Title 43."23 | |
| 30 | 35 | SECTION 1-2.24 | |
| 31 | 36 | Said title is further amended in Code Section 31-10-20, relating to permits for disposition,25 | |
| 32 | 37 | disinterment, and reinterment, by revising subsection (f) as follows:26 | |
| 33 | 38 | "(f)(1) Except as provided in paragraph (4) of this subsection, a permit Authorization for27 | |
| 34 | 39 | disinterment and reinterment shall be required prior to the disinterment of a dead body28 | |
| 35 | 40 | or fetus human remains. Such authorization shall be issued by Application for such a29 | |
| 36 | 41 | permit shall be made on a form prescribed by the department and submitted to the local30 | |
| 37 | 42 | registrar to a, who shall issue such permit only if:31 | |
| 38 | 43 | (A) The application provides the following information:32 | |
| 39 | 44 | (i) The identification of the human remains to be disinterred, if known;33 | |
| 40 | 45 | (ii) The location where the human remains are to be disinterred;34 | |
| 41 | 46 | (iii) The location where the human remains are to be reinterred or otherwise finally35 | |
| 42 | 47 | disposed of; and36 | |
| 43 | 48 | (iv) Such other information as required by the department; and37 | |
| 44 | 49 | (B)(i) The person or persons who has the right to control the disposition of the human38 | |
| 45 | 50 | remains as provided in Code Section 31-21-7 consents to the disinterment and39 | |
| 46 | 51 | reinterment or other final disposition of such human remains;40 | |
| 47 | - | - 2 - 25 LC 55 0532S | |
| 52 | + | S. B. 146 | |
| 53 | + | - 2 - 25 LC 55 0470 | |
| 48 | 54 | (ii) The applicant submits a disturbance permit issued pursuant to Chapter 72 of41 | |
| 49 | 55 | Title 36 authorizing the disinterment and reinterment or other final disposition of the42 | |
| 50 | 56 | human remains; or43 | |
| 51 | 57 | (iii) The applicant submits an order from a court of competent jurisdiction44 | |
| 52 | 58 | authorizing the disinterment and reinterment or other final disposition of the human45 | |
| 53 | 59 | remains.46 | |
| 54 | 60 | (2) Any disinterment and reinterment or other final disposition for which a permit is47 | |
| 55 | 61 | issued under this subsection shall be supervised, monitored, or carried out by a licensed48 | |
| 56 | 62 | funeral director or other person acting as such, upon proper application, in the county in49 | |
| 57 | 63 | which the dead body or dead fetus was originally interred and a.50 | |
| 58 | 64 | (3) A local registrar who issues such authorization a permit for disinterment and51 | |
| 59 | 65 | reinterment pursuant to this subsection shall not be civilly or criminally liable therefor52 | |
| 60 | 66 | if it such permit is issued in good faith.53 | |
| 61 | 67 | (4) A permit for disinterment and reinterment provided for in this subsection shall not54 | |
| 62 | 68 | be required when disinterment and reinterment are human remains are disinterred and55 | |
| 63 | 69 | reinterred in the same cemetery."56 | |
| 64 | 70 | SECTION 1-3.57 | |
| 65 | 71 | Said title is further amended by revising Code Section 31-21-6, relating to notification of law58 | |
| 66 | 72 | enforcement agency upon disturbance, destruction, or debasement of human remains, as59 | |
| 67 | 73 | follows:60 | |
| 68 | 74 | "31-21-6.61 | |
| 69 | 75 | (a) Any person who knows or has reason to believe that interred human remains have been62 | |
| 70 | 76 | or are being disturbed, destroyed, defaced, mutilated, removed, or exposed without a permit63 | |
| 71 | 77 | issued pursuant to Chapter 72 of Title 36, Code Section 36-72-4, 12-3-52, or Code64 | |
| 72 | 78 | Section 12-3-82, unless such activity is otherwise authorized by law without such a permit,65 | |
| 73 | 79 | or without written permission of the landowner for an archeological excavation on the site66 | |
| 74 | - | - 3 - 25 LC 55 0532S | |
| 80 | + | S. B. 146 | |
| 81 | + | - 3 - 25 LC 55 0470 | |
| 75 | 82 | by an archeologist or not in compliance with Section 106 of the National Historic67 | |
| 76 | 83 | Preservation Act, as amended, and any person who accidentally or inadvertently discovers68 | |
| 77 | 84 | or exposes human remains shall immediately notify the local law enforcement agency with69 | |
| 78 | 85 | jurisdiction in the area where the human remains are located.70 | |
| 79 | 86 | (b) Any law enforcement agency notified of the discovery or disturbance, destruction,71 | |
| 80 | 87 | defacing, mutilation, removal, or exposure of interred human remains shall immediately72 | |
| 81 | 88 | report such notification to the coroner or medical examiner of the county where the human73 | |
| 82 | 89 | remains are located, who shall determine whether investigation of the death is required74 | |
| 83 | 90 | under Code Section 45-16-24. If investigation of the death is not required, the coroner or75 | |
| 84 | 91 | medical examiner shall immediately notify the local governing authority of the county or76 | |
| 85 | 92 | municipality municipal corporation in which the remains are found and the Department of77 | |
| 86 | 93 | Natural Resources. If the remains are believed to be those of one or more aboriginal or78 | |
| 87 | 94 | prehistoric ancestors of or American Indians, then the Department of Natural Resources79 | |
| 88 | 95 | shall notify the Council on American Indian Concerns. All No additional land-disturbing80 | |
| 89 | 96 | activity likely to further disturb the human remains shall cease until occur unless:81 | |
| 90 | 97 | (1) The county coroner or medical examiner, after determining if it is determined that82 | |
| 91 | 98 | investigation of the death is required under Code Section 45-16-24, has completed83 | |
| 92 | 99 | forensic examination of the site; and84 | |
| 93 | 100 | (2)(A) A permit is issued for land use change and disturbance pursuant to Code85 | |
| 94 | 101 | Section 36-72-4 Chapter 72 of Title 36;86 | |
| 95 | 102 | (B) A a permit is issued or a contract is let pursuant to subsection (d) of Code87 | |
| 96 | 103 | Section 12-3-52; or88 | |
| 97 | 104 | (C) A permit is issued pursuant to subsection (b) of Code Section 12-3-82 written89 | |
| 98 | 105 | permission is obtained from the landowner for the conduct of an archeological90 | |
| 99 | 106 | excavation; or91 | |
| 100 | 107 | (3) If such a permit is not sought, the (D) The Department of Natural Resources92 | |
| 101 | 108 | arranges with the landowner for the protection of the remains; or93 | |
| 102 | - | - 4 - 25 LC 55 0532S | |
| 109 | + | S. B. 146 | |
| 110 | + | - 4 - 25 LC 55 0470 | |
| 103 | 111 | (E) Such activity is otherwise authorized by law without complying with one of the94 | |
| 104 | 112 | requirements listed in subparagraphs (A) through (D) of this paragraph.95 | |
| 105 | 113 | (c) The provisions of this Code section shall not apply to normal farming activity96 | |
| 106 | 114 | including, but not limited to, plowing, disking, harvesting, and grazing of livestock."97 | |
| 107 | 115 | SECTION 1-4.98 | |
| 108 | 116 | Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended99 | |
| 109 | 117 | by revising Chapter 72, relating to abandoned cemeteries and burial grounds, as follows:100 | |
| 110 | 118 | "CHAPTER 72101 | |
| 111 | 119 | 36-72-1.102 | |
| 112 | 120 | (a) The care accorded the remains of deceased persons reflects respect and regard for103 | |
| 113 | 121 | human dignity as well as cultural, spiritual, and religious values. The General Assembly104 | |
| 114 | 122 | declares that human remains and burial objects are not property to be owned by the person105 | |
| 115 | 123 | or entity which owns the land or water where the human remains and burial objects are106 | |
| 116 | 124 | interred or discovered, but human remains and burial objects are a part of the finite,107 | |
| 117 | 125 | irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should108 | |
| 118 | 126 | be protected.109 | |
| 119 | 127 | (b) It is the intent of the General Assembly that the provisions of this chapter be construed110 | |
| 120 | 128 | to require respectful treatment of human remains in accord with the equal and innate111 | |
| 121 | 129 | dignity of every human being and consistent with the identifiable ethnic, cultural, and112 | |
| 122 | 130 | religious affiliation of the deceased individual as indicated by the method of burial or other113 | |
| 123 | 131 | historical evidence or reliable information.114 | |
| 124 | 132 | 36-72-2.115 | |
| 125 | 133 | As used in this chapter, the term:116 | |
| 126 | - | - 5 - 25 LC 55 0532S | |
| 134 | + | S. B. 146 | |
| 135 | + | - 5 - 25 LC 55 0470 | |
| 127 | 136 | (1) 'Abandoned cemetery' means a cemetery which shows or burial ground:117 | |
| 128 | 137 | (A) That shows signs of neglect including, without limitation, the unchecked growth118 | |
| 129 | 138 | of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave119 | |
| 130 | 139 | markers or boundaries and for which no person can be found who is legally responsible120 | |
| 131 | 140 | and financially capable of the upkeep of such cemetery;121 | |
| 132 | 141 | (B) In which no interment, entombment, or inurnment of human remains has occurred122 | |
| 133 | 142 | for a period of not less than 25 years;123 | |
| 134 | 143 | (C) In which no remains of a deceased human being that has a known living lineal124 | |
| 135 | 144 | descendant are interred, entombed, or inurned, unless such lineal descendant has125 | |
| 136 | 145 | abandoned or waived their rights and interests in such remains;126 | |
| 137 | 146 | (D) That has not been dedicated for public use, as provided in Code Section 44-5-230,127 | |
| 138 | 147 | unless such cemetery or burial ground is no longer known, recognized, or respected by128 | |
| 139 | 148 | the public as a cemetery or burial ground; and129 | |
| 140 | 149 | (E) That is not a perpetual care cemetery registered with the Secretary of State pursuant130 | |
| 141 | 150 | to Chapter 14 of Title 10, the 'Georgia Cemetery and Funeral Services Act of 2000,' or131 | |
| 142 | 151 | for which perpetual care has been promised or guaranteed.132 | |
| 143 | 152 | (2) 'Archeologist' means any person who is:133 | |
| 144 | 153 | (A) A member of or meets the criteria for membership in the Society of Professional134 | |
| 145 | 154 | Archaeologists and can demonstrate experience in the excavation and interpretation of135 | |
| 146 | 155 | human graves; or136 | |
| 147 | 156 | (B) Employed on July 1, 1991, by the state or by any county or municipal governing137 | |
| 148 | 157 | authority as an archeologist.138 | |
| 149 | 158 | (3) 'Burial ground' means an area dedicated to and used for interment of human remains.139 | |
| 150 | 159 | The Such term shall include privately owned burial plots, individually and collectively,140 | |
| 151 | 160 | once human remains have been buried therein. The fact that such the area was used for141 | |
| 152 | 161 | burial purposes shall be evidence that it was set aside for burial purposes.142 | |
| 153 | - | - 6 - 25 LC 55 0532S | |
| 154 | - | (4) 'Burial object' means any item reasonably believed to have been intentionally placed143 | |
| 162 | + | S. B. 146 | |
| 163 | + | - 6 - 25 LC 55 0470 | |
| 164 | + | (4) 'Burial object' means any item reasonably believed to have been intentionally placed | |
| 165 | + | 143 | |
| 155 | 166 | with the human remains at the time of burial or interment or any memorial, tombstone,144 | |
| 156 | 167 | grave marker, or shrine which may have been added subsequent to interment. Such term145 | |
| 157 | 168 | also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing,146 | |
| 158 | 169 | pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited147 | |
| 159 | 170 | incident to or subsequent to interment.148 | |
| 160 | 171 | (5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and149 | |
| 161 | - | used for interment, entombment, or inurnment of human remains. It may be either a150 | |
| 172 | + | used for interment, entombment, or inurnment | |
| 173 | + | of human remains. It may be either a150 | |
| 162 | 174 | burial park for earth interments or a mausoleum for vault or crypt interments or a151 | |
| 163 | 175 | combination of one or more thereof.152 | |
| 164 | 176 | (6) 'Descendant' means a person an individual or group of persons individuals related to153 | |
| 165 | 177 | a deceased human being by blood or adoption in accordance with Title 19.154 | |
| 166 | 178 | (7) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.155 | |
| 167 | 179 | (7)(8) 'Genealogist' means a person who traces or studies the descent of persons or156 | |
| 168 | 180 | families and prepares a probative record of such descent.157 | |
| 169 | 181 | (8)(9) 'Human remains' or 'remains' means the bodies of deceased human beings in any158 | |
| 170 | 182 | stage of decomposition, including cremated remains.159 | |
| 171 | 183 | (10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.160 | |
| 172 | 184 | (11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.161 | |
| 173 | 185 | (12) 'Licensed funeral director' means an individual licensed in this state to practice162 | |
| 174 | 186 | funeral directing pursuant to the provisions of Chapter 18 of Title 43.163 | |
| 175 | 187 | (13) 'Lineal descendant' means an individual who is a direct descendant of a deceased164 | |
| 176 | 188 | human being by blood or adoption in accordance with Title 19, such as a child,165 | |
| 177 | 189 | grandchild, great-grandchild, and so on. Such term does not include a collateral166 | |
| 178 | 190 | descendant of a deceased human being, such as a sister, brother, uncle, aunt, niece,167 | |
| 179 | 191 | nephew, or cousin.168 | |
| 180 | 192 | (14) 'Perpetual care' shall have the same meaning as set forth in Code Section 10-14-3.169 | |
| 181 | - | - 7 - 25 LC 55 0532S | |
| 193 | + | S. B. 146 | |
| 194 | + | - 7 - 25 LC 55 0470 | |
| 182 | 195 | (9)(15) 'Preserve and protect' means to keep safe from destruction, peril, or other170 | |
| 183 | 196 | adversity and may include the placement of signs, markers, fencing, or other such171 | |
| 184 | 197 | appropriate features so as to identify the site as a cemetery or burial ground and may also172 | |
| 185 | 198 | include the cleaning, maintenance, and upkeep of the site so as to aid in its preservation173 | |
| 186 | 199 | and protection.174 | |
| 187 | 200 | 36-72-3.175 | |
| 188 | 201 | (a) Counties, anywhere within the county boundaries, and municipalities municipal176 | |
| 189 | 202 | corporations, anywhere within the municipal boundaries, are authorized, jointly and177 | |
| 190 | 203 | severally, to preserve and protect any abandoned cemetery or any burial ground which the178 | |
| 191 | 204 | county or municipality municipal corporation determines has been abandoned or is not179 | |
| 192 | 205 | being maintained by the person who is legally responsible for its upkeep, whether or not180 | |
| 193 | 206 | that person is financially capable of doing so, to expend public money in connection181 | |
| 194 | 207 | therewith, to provide for reimbursement of such funds by billing any legally responsible182 | |
| 195 | 208 | person or levying upon any of his property as authorized by local ordinance, and to183 | |
| 196 | 209 | exercise the power of eminent domain to acquire any interest in land necessary for that184 | |
| 197 | 210 | purpose.185 | |
| 198 | 211 | (b) Regardless of whether a county or municipal corporation takes any action to preserve186 | |
| 199 | 212 | and protect cemeteries or burial grounds as authorized by subsection (a) of this Code187 | |
| 200 | 213 | section, the governing authority of such county or municipal corporation shall:188 | |
| 201 | 214 | (1) Accept any application for a disturbance permit under this chapter that is submitted189 | |
| 202 | 215 | in accordance with the provisions of Code Section 36-72-5;190 | |
| 203 | 216 | (2) Consider any such application at a public hearing held in accordance with the191 | |
| 204 | 217 | provisions of subsection (a) of Code Section 36-72-7;192 | |
| 205 | 218 | (3) Render a written decision on any such application in accordance with the provisions193 | |
| 206 | 219 | of subsection (b) of Code Section 36-72-7; and194 | |
| 207 | - | - 8 - 25 LC 55 0532S | |
| 220 | + | S. B. 146 | |
| 221 | + | - 8 - 25 LC 55 0470 | |
| 208 | 222 | (4) Perform any other action with respect to any such application that is required under195 | |
| 209 | 223 | the provisions of this chapter.196 | |
| 210 | 224 | 36-72-4.197 | |
| 211 | 225 | (a) Except as otherwise authorized by law, no No known cemetery, burial ground, human198 | |
| 212 | 226 | remains, or burial object shall be knowingly disturbed by the owner or occupier of the land199 | |
| 213 | 227 | on which the cemetery or burial ground is located for the purposes of developing or200 | |
| 214 | 228 | changing the use of any part of such land unless a disturbance permit under this chapter is201 | |
| 215 | 229 | first obtained from the governing authority of the county or municipal corporation or202 | |
| 216 | 230 | county wherein the cemetery or burial ground is located, which, except as provided in Code203 | |
| 217 | 231 | Section 36-72-14, shall have authority to issue such permit such activity except as provided204 | |
| 218 | 232 | in Code Section 36-72-14 in accordance with the provisions of this chapter.205 | |
| 219 | 233 | (b) The prohibition contained in subsection (a) of this Code section against knowingly206 | |
| 220 | 234 | disturbing any known cemetery, burial ground, human remains, or burial object without207 | |
| 221 | 235 | first obtaining a disturbance permit under this chapter shall not be impacted by the decision208 | |
| 222 | 236 | or lack thereof of a county or municipal corporation to expend public money, exercise the209 | |
| 223 | 237 | power of eminent domain, or take any other action to preserve and protect cemeteries or210 | |
| 224 | 238 | burial grounds as authorized by Code Section 36-72-3, and the lack of such action taken211 | |
| 225 | 239 | by a county or municipal corporation shall not authorize the disturbance of any known212 | |
| 226 | 240 | cemetery, burial ground, human remains, or burial object without first obtaining a213 | |
| 227 | 241 | disturbance permit under this chapter.214 | |
| 228 | 242 | (c) No disturbance permit shall be issued under this chapter in connection with any215 | |
| 229 | 243 | cemetery or burial ground or any human remains or burial objects therein unless such216 | |
| 230 | 244 | cemetery or burial ground constitutes an abandoned cemetery as defined in this chapter.217 | |
| 231 | - | - 9 - 25 LC 55 0532S | |
| 232 | - | 36-72-5.218 | |
| 233 | - | (a) The governing authority of a county or municipal corporation may prescribe the form219 | |
| 245 | + | S. B. 146 | |
| 246 | + | - 9 - 25 LC 55 0470 | |
| 247 | + | 36-72-5. | |
| 248 | + | 218 | |
| 249 | + | (a) The governing authority of a county or municipal corporation may prescribe the form | |
| 250 | + | 219 | |
| 234 | 251 | and manner of an application for a disturbance permit under this chapter. Such application220 | |
| 235 | 252 | Application for a permit shall include, at a minimum, the following information:221 | |
| 236 | 253 | (1) Evidence of ownership of the land on which the cemetery or burial ground is located222 | |
| 237 | 254 | in the form of a legal opinion based upon a title search;223 | |
| 238 | 255 | (2) Evidence that the cemetery or burial ground constitutes an abandoned cemetery as224 | |
| 239 | 256 | defined in this chapter;225 | |
| 240 | 257 | (3) A report prepared by an archeologist stating the number of graves believed to be226 | |
| 241 | 258 | present in the cemetery or burial ground and their locations as can be determined from227 | |
| 242 | 259 | the use of minimally invasive investigation techniques, including remote sensing methods228 | |
| 243 | 260 | and the use of metal probes, which activities shall not require a disturbance permit;229 | |
| 244 | 261 | (3)(4) A survey prepared by or under the direction of a registered surveyor showing the230 | |
| 245 | 262 | location and boundaries of the cemetery or burial ground based on an archeologist's231 | |
| 246 | 263 | report;232 | |
| 247 | 264 | (4)(5) A plan prepared by a genealogist for identifying and notifying the descendants of233 | |
| 248 | 265 | those buried or believed to be buried in such cemetery or burial ground. If those buried234 | |
| 249 | 266 | or believed to be buried are of aboriginal or American Indian descent, the genealogist, in235 | |
| 250 | 267 | preparing the notification plan, shall consult with the Council on American Indian236 | |
| 251 | 268 | Concerns created pursuant to Code Section 44-12-280 and shall include in the notification237 | |
| 252 | 269 | plan not only any known descendants of those presumed buried but also any American238 | |
| 253 | 270 | Indian tribes as defined in paragraph (2) of Code Section 44-12-260 that are culturally239 | |
| 254 | 271 | affiliated; and240 | |
| 255 | 272 | (5)(6) A proposal for mitigation or avoidance of the effects of the planned activity on the241 | |
| 256 | 273 | cemetery or burial ground. If the proposal includes relocation of any human remains or242 | |
| 257 | 274 | burial objects, the proposal shall specify the method of disinterment, the location and243 | |
| 258 | - | - 10 - 25 LC 55 0532S | |
| 259 | - | method of disposition of the remains, the approximate cost of the process, and the244 | |
| 275 | + | S. B. 146 | |
| 276 | + | - 10 - 25 LC 55 0470 | |
| 277 | + | method of disposition of the remains, the approximate cost of the process, and the | |
| 278 | + | 244 | |
| 260 | 279 | approximate number of graves affected.245 | |
| 261 | - | (b) If the governing authority of a county or municipal corporation does not prescribe the246 | |
| 280 | + | (b) If the governing authority of a county or municipal corporation does not prescribe the | |
| 281 | + | 246 | |
| 262 | 282 | form and manner of an application for a disturbance permit under this chapter, a person247 | |
| 263 | 283 | may apply for such a permit by submitting the information required under subsection (a)248 | |
| 264 | 284 | of this Code section in writing to such governing authority.249 | |
| 265 | 285 | 36-72-6.250 | |
| 266 | 286 | (a) An The applicant for a disturbance permit under this chapter shall implement its plan251 | |
| 267 | 287 | for identifying and locating notifying descendants of those buried or believed to be buried252 | |
| 268 | 288 | in the cemetery or burial ground that is the subject of the application no later than the date253 | |
| 269 | 289 | the application is submitted to the governing authority of the county or municipal254 | |
| 270 | 290 | corporation where such burial ground or cemetery is located. The Such governing255 | |
| 271 | 291 | authority shall review the applicant's plan for identifying and notifying the such256 | |
| 272 | 292 | descendants of the deceased persons and may require as a condition for issuing a257 | |
| 273 | 293 | disturbance permit that the applicant implement additional reasonable attempts to identify258 | |
| 274 | 294 | and locate notify such descendants.259 | |
| 275 | 295 | (b) Notice to possible descendants of an application for a disturbance permit under this260 | |
| 276 | 296 | chapter shall include:261 | |
| 277 | 297 | (1) The location of the cemetery or burial ground that is the subject of the application;262 | |
| 278 | 298 | (2) Identification of the applicant;263 | |
| 279 | 299 | (3) A description of the planned activity for which a disturbance permit under this264 | |
| 280 | 300 | chapter is sought;265 | |
| 281 | 301 | (4) Proposals to mitigate the adverse effects of such activity on the cemetery or burial266 | |
| 282 | 302 | ground, or on the human remains or burial objects located therein;267 | |
| 283 | 303 | (5) Any plans for disinterment and reinterment of any human remains located in the268 | |
| 284 | 304 | cemetery or burial ground;269 | |
| 285 | - | - 11 - 25 LC 55 0532S | |
| 305 | + | S. B. 146 | |
| 306 | + | - 11 - 25 LC 55 0470 | |
| 286 | 307 | (6) Information information on how to contact the governing authority to which the270 | |
| 287 | 308 | application was submitted; and271 | |
| 288 | 309 | (7) A a summary of the rights of descendants under this chapter, including without272 | |
| 289 | 310 | limitation the right to contest that the cemetery or burial ground that is the subject of the273 | |
| 290 | 311 | application constitutes an abandoned cemetery as defined in this chapter.274 | |
| 291 | 312 | (c) The governing authority of a county or municipal corporation shall, after receiving an275 | |
| 292 | 313 | application for a disturbance permit under this chapter, promptly inform any descendant276 | |
| 293 | 314 | who indicates an interest in the disposition of the human remains and burial objects277 | |
| 294 | 315 | cemetery or burial ground that is the subject of the application, or any human remains or278 | |
| 295 | 316 | burial objects located therein, regarding any proposals for mitigation, the terms of any279 | |
| 296 | 317 | permit issued, the time and place of any scheduled public hearings on the application,280 | |
| 297 | 318 | proposals for mitigation, a decision on the application, the terms of any disturbance permit281 | |
| 298 | 319 | issued, and appeal procedures and events.282 | |
| 299 | 320 | 36-72-7.283 | |
| 300 | 321 | (a) Within 15 An application for a disturbance permit under this chapter shall be284 | |
| 301 | 322 | considered by the governing authority of the county or municipal corporation at a public285 | |
| 302 | 323 | hearing to be held within 45 days after it such governing authority is satisfied that all286 | |
| 303 | 324 | reasonable effort has been made to notify descendants, as provided in Code287 | |
| 304 | 325 | Section 36-72-6, and following receipt of the recommendations of a any board or288 | |
| 305 | 326 | commission created pursuant to Code Section 36-72-9, the governing authority shall289 | |
| 306 | 327 | schedule a public hearing at which any. Any interested party or citizen may appear and be290 | |
| 307 | 328 | given an opportunity to be heard at such public hearing and, in. In addition to the notice291 | |
| 308 | 329 | required in Code Section 36-72-6, notice of the such public hearing shall be advertised in292 | |
| 309 | 330 | the legal organ of the jurisdiction once a week for the two four consecutive weeks293 | |
| 310 | 331 | immediately preceding the week in which any such hearing is held.294 | |
| 311 | - | - 12 - 25 LC 55 0532S | |
| 332 | + | S. B. 146 | |
| 333 | + | - 12 - 25 LC 55 0470 | |
| 312 | 334 | (b) Within 30 days after the conclusion of the a public hearing held pursuant to295 | |
| 313 | 335 | subsection (a) of this Code section on an application for a disturbance permit under this296 | |
| 314 | 336 | chapter, the governing authority shall notify the applicant in writing of its decision on the297 | |
| 315 | 337 | application. The governing authority shall have the authority to deny the application with298 | |
| 316 | 338 | written reasons therefor, to issue a disturbance permit adopting the application in whole or299 | |
| 317 | 339 | in part, or to issue a disturbance permit which may include additional requirements to300 | |
| 318 | 340 | mitigate the proposed activity's adverse effects on the cemetery or burial ground, including301 | |
| 319 | 341 | but not limited to relocation of the proposed project, reservation of the cemetery or burial302 | |
| 320 | 342 | ground as an undeveloped area within the proposed development or use of the larger parcel303 | |
| 321 | 343 | of land, and respectful disinterment and proper disposition of the human remains. The304 | |
| 322 | 344 | governing authority may adopt the applicant's proposal for mitigation.305 | |
| 323 | 345 | 36-72-8.306 | |
| 324 | 346 | The governing authority of a county or municipal corporation shall consider the following307 | |
| 325 | 347 | in making its determination on an application for a disturbance permit under this chapter:308 | |
| 326 | 348 | (1) The presumption in favor of leaving the cemetery or burial ground and the human309 | |
| 327 | 349 | remains and burial objects therein undisturbed;310 | |
| 328 | 350 | (2) The rights, interests, concerns, and comments of any descendants of those buried in311 | |
| 329 | 351 | the burial ground or cemetery;312 | |
| 330 | 352 | (3) The rights, interests, concerns, and comments of and any other interested parties or313 | |
| 331 | 353 | members of the public;314 | |
| 332 | 354 | (4) Whether the cemetery or burial ground constitutes an abandoned cemetery as defined315 | |
| 333 | 355 | in this chapter;316 | |
| 334 | 356 | (3)(5) The economic and other costs of mitigation;317 | |
| 335 | 357 | (4)(6) The adequacy of the applicant's plans for disinterment and proper disposition of318 | |
| 336 | 358 | any human remains or burial objects;319 | |
| 337 | - | - 13 - 25 LC 55 0532S | |
| 359 | + | S. B. 146 | |
| 360 | + | - 13 - 25 LC 55 0470 | |
| 338 | 361 | (5)(7) The balancing of the applicant's interest in disinterment the activities for which320 | |
| 339 | 362 | the disturbance permit is sought with the public's and any descendant's interest in the321 | |
| 340 | 363 | value of the undisturbed cultural and natural environment of the cemetery or burial322 | |
| 341 | 364 | ground that is the subject of the application; and323 | |
| 342 | 365 | (6)(8) Any other compelling factors which the governing authority deems relevant.324 | |
| 343 | 366 | 36-72-9.325 | |
| 344 | 367 | (a) The governing authority of any county whose population is in excess of 290,000 as326 | |
| 345 | 368 | established by the United States decennial census of 1980 or any such future census shall327 | |
| 346 | 369 | be authorized to establish or empower a new or existing commission or board to hear and328 | |
| 347 | 370 | review any application filed pursuant to for a disturbance permit submitted in accordance329 | |
| 348 | 371 | with the provisions of Code Section 36-72-5. The board or commission shall conduct a330 | |
| 349 | 372 | public hearing on any such application within 60 days of the filing of an such application331 | |
| 350 | 373 | and shall make a written recommendation to the governing authority no later than 15 days332 | |
| 351 | 374 | following the public hearing on whether such application should be approved and setting333 | |
| 352 | 375 | forth its opinion with respect to the sufficiency of the notice to descendants, whether the334 | |
| 353 | 376 | cemetery or burial ground constitutes an abandoned cemetery as defined in this chapter, the335 | |
| 354 | 377 | plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground336 | |
| 355 | 378 | and the human remains and burial objects therein, the survey of the cemetery or burial337 | |
| 356 | 379 | ground, and any plans for disinterment and reinterment.338 | |
| 357 | 380 | (b) Notice of any public hearing conducted by a board or commission pursuant to339 | |
| 358 | 381 | subsection (a) of this Code section shall be:340 | |
| 359 | 382 | (1) Given to any descendant who indicates an interest in the cemetery or burial ground341 | |
| 360 | 383 | that is the subject of the application or any human remains or burial objects therein; and342 | |
| 361 | 384 | (2) Advertised in the legal organ of the jurisdiction once a week for four consecutive343 | |
| 362 | 385 | weeks immediately preceding the week in which any such hearing is held.344 | |
| 363 | - | - 14 - 25 LC 55 0532S | |
| 364 | - | 36-72-10.345 | |
| 365 | - | The In connection with an application for a disturbance permit under this chapter, the346 | |
| 386 | + | S. B. 146 | |
| 387 | + | - 14 - 25 LC 55 0470 | |
| 388 | + | 36-72-10. | |
| 389 | + | 345 | |
| 390 | + | The | |
| 391 | + | In connection with an application for a disturbance permit under this chapter, the346 | |
| 366 | 392 | governing authority of a county or municipal corporation shall be authorized to impose an347 | |
| 367 | 393 | application fee which shall reflect the cost to the such governing authority for processing348 | |
| 368 | 394 | and reviewing the application including, but not limited to, the cost of hiring an attorney,349 | |
| 369 | 395 | independent archeologist, and independent surveyor to assist in making recommendations350 | |
| 370 | 396 | regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.351 | |
| 371 | 397 | 36-72-11.352 | |
| 372 | 398 | Should any applicant or descendant be dissatisfied with a decision of the governing353 | |
| 373 | 399 | authority of a county or municipal corporation on an application for a disturbance permit354 | |
| 374 | 400 | under this chapter, he or she, within 30 days of such decision, may file an appeal in the355 | |
| 375 | 401 | superior court of the county in which the cemetery or burial ground is located in addition356 | |
| 376 | 402 | to the superior courts enumerated in Code Section 50-13-19.357 | |
| 377 | 403 | 36-72-12.358 | |
| 378 | 404 | Until Any person who is issued a disturbance permit under this chapter shall not begin or359 | |
| 379 | 405 | resume activities which comply with the terms of such permit until after the expiration of360 | |
| 380 | 406 | the time for appeal as set forth in Code Section 36-72-11 or, the applicant shall not begin361 | |
| 381 | 407 | or resume activities which comply with the permit issued by the governing authority. If if362 | |
| 382 | 408 | an appeal is filed, the applicant may begin or resume activities which comply with the363 | |
| 383 | 409 | permit only upon consent until after the final resolution of such appeal unless of the364 | |
| 384 | 410 | governing authority and the party seeking judicial review or upon order of that issued such365 | |
| 385 | 411 | permit and the party or parties that filed such appeal consent to such activities or the366 | |
| 386 | 412 | reviewing court issues an order authorizing such activities for good cause shown.367 | |
| 387 | - | - 15 - 25 LC 55 0532S | |
| 388 | - | 36-72-13.368 | |
| 389 | - | The In connection with an application for a disturbance permit under this chapter, the369 | |
| 413 | + | S. B. 146 | |
| 414 | + | - 15 - 25 LC 55 0470 | |
| 415 | + | 36-72-13. | |
| 416 | + | 368 | |
| 417 | + | The | |
| 418 | + | In connection with an application for a disturbance permit under this chapter, the369 | |
| 390 | 419 | governing authority of a county or municipal corporation or local law enforcement agency370 | |
| 391 | 420 | shall inspect conduct inspections as necessary to determine whether the applicant has371 | |
| 392 | 421 | complied with the provisions of this chapter requiring cessation or limitation of activity and372 | |
| 393 | 422 | with the terms of the disturbance permit as issued by the such governing authority or as373 | |
| 394 | 423 | modified by the superior court or reviewing court.374 | |
| 395 | 424 | 36-72-14.375 | |
| 396 | 425 | (a) Notwithstanding any provisions of this chapter to the contrary, when any agency,376 | |
| 397 | 426 | authority, or political subdivision of the state seeks to file an application for a disturbance377 | |
| 398 | 427 | permit under this chapter, the superior court having jurisdiction over the real property378 | |
| 399 | 428 | wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the379 | |
| 400 | 429 | disturbance permit application. The superior court shall conduct its investigation and380 | |
| 401 | 430 | determination of the disturbance permit application in accordance with Code381 | |
| 402 | 431 | Sections 36-72-6 through 36-72-8.382 | |
| 403 | 432 | (b)(1) When activities of an agency, authority, or political subdivision of the state383 | |
| 404 | 433 | adversely affect an abandoned a cemetery or a burial ground, such agency, authority, or384 | |
| 405 | 434 | political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery385 | |
| 406 | 435 | or burial ground or reinterring the human remains as a part of the cost of the project and386 | |
| 407 | 436 | is authorized to expend public funds for such purpose.387 | |
| 408 | 437 | (2) When activities of a private person, corporation, or other private entity adversely388 | |
| 409 | 438 | affect an abandoned a cemetery or a burial ground, such person, corporation, or other389 | |
| 410 | 439 | entity shall bear the cost of mitigating the harm to the cemetery or burial ground or390 | |
| 411 | 440 | reinterring the human remains.391 | |
| 412 | 441 | (3) The cost of mitigating the harm to an abandoned a cemetery or to a burial ground or392 | |
| 413 | 442 | reinterring the human remains exposed through vandalism by an unidentified vandal or393 | |
| 414 | - | - 16 - 25 LC 55 0532S | |
| 415 | - | through erosion may be borne by the governing authority in whose jurisdiction the394 | |
| 416 | - | abandoned cemetery or burial ground is located.395 | |
| 443 | + | S. B. 146 | |
| 444 | + | - 16 - 25 LC 55 0470 | |
| 445 | + | through erosion may be borne by the governing authority in whose jurisdiction the | |
| 446 | + | 394 | |
| 447 | + | abandoned | |
| 448 | + | cemetery or burial ground is located.395 | |
| 417 | 449 | (c) The provisions of this chapter notwithstanding, the Department of Transportation shall396 | |
| 418 | 450 | not be required to obtain a disturbance permit under this chapter unless human remains are397 | |
| 419 | 451 | to be relocated; provided, however, that the department shall be required to obtain an398 | |
| 420 | 452 | archaeologist's report, pursuant to paragraph (2)(3) of Code Section 36-72-5, confirming399 | |
| 421 | 453 | the absence of human remains on the affected property.400 | |
| 422 | 454 | 36-72-15.401 | |
| 423 | 455 | Any disinterment and disposition of human remains or burial objects permitted under this402 | |
| 424 | 456 | chapter shall be supervised, monitored, or carried out by the applicant's archeologist and403 | |
| 425 | 457 | a licensed funeral director and shall be done at the expense of the person or entity to whom404 | |
| 426 | 458 | the disturbance permit is issued.405 | |
| 427 | 459 | 36-72-15.1.406 | |
| 428 | 460 | The issuance of a disturbance permit under this chapter shall not satisfy or otherwise waive407 | |
| 429 | 461 | the requirement to obtain any other permit required by law including, without limitation,408 | |
| 430 | 462 | the requirement to obtain a permit for disinterment and reinterment under subsection (f) of409 | |
| 431 | 463 | Code Section 31-10-20; provided, however, that any person who is issued a disturbance410 | |
| 432 | 464 | permit under this chapter that authorizes the disinterment and reinterment of human411 | |
| 433 | 465 | remains shall not seek a permit for disinterment and reinterment under subsection (f) of412 | |
| 434 | 466 | Code Section 31-10-20 until after the expiration of the time for appeal as set forth in Code413 | |
| 435 | 467 | Section 36-72-11 or, if an appeal is filed, until after the final resolution of such appeal414 | |
| 436 | 468 | unless the governing authority that issued such permit and the party or parties that filed415 | |
| 437 | 469 | such appeal consent to such disinterment and reinterment or the reviewing court issues an416 | |
| 438 | 470 | order authorizing such disinterment and reinterment for good cause shown.417 | |
| 439 | - | - 17 - 25 LC 55 0532S | |
| 440 | - | 36-72-16.418 | |
| 441 | - | (a) Any person who knowingly fails to comply with the provisions of this chapter shall be419 | |
| 471 | + | S. B. 146 | |
| 472 | + | - 17 - 25 LC 55 0470 | |
| 473 | + | 36-72-16. | |
| 474 | + | 418 | |
| 475 | + | (a) | |
| 476 | + | Any person who knowingly fails to comply with the provisions of this chapter shall be419 | |
| 442 | 477 | guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay420 | |
| 443 | 478 | a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any421 | |
| 444 | 479 | person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of422 | |
| 445 | 480 | a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated423 | |
| 446 | 481 | for not more than six months and shall pay a fine not less than $5,000.00 for each grave site424 | |
| 447 | 482 | disturbed.425 | |
| 448 | 483 | (b) In addition to bringing any other action and pursuing any other remedy that may be426 | |
| 449 | 484 | available at law or in equity, a descendant of any deceased human being whose remains are427 | |
| 450 | 485 | located in a burial ground or cemetery that is disturbed by any activities of the owner or428 | |
| 451 | 486 | occupier of the land where such cemetery or burial ground is located for which no429 | |
| 452 | 487 | disturbance permit under this chapter has been issued and that are not otherwise authorized430 | |
| 453 | 488 | by law may bring an action in any court of competent jurisdiction against the owner or431 | |
| 454 | 489 | occupier of such land to:432 | |
| 455 | 490 | (1) Enjoin such activities;433 | |
| 456 | 491 | (2) Recover, as damages, the cost to mitigate any harm to such human remains, the burial434 | |
| 457 | 492 | ground or cemetery where such human remains are located, or any burial object in435 | |
| 458 | 493 | connection with such human remains that is caused by such activities; and436 | |
| 459 | - | (3) Recover any costs and reasonable attorney's fees incurred in bringing such action.437 | |
| 460 | - | 36-72-17.438 | |
| 461 | - | Except as otherwise provided in Code Section 36-72-14, nothing in this chapter shall439 | |
| 462 | - | preclude a person from seeking authorization directly from a probate court of competent440 | |
| 463 | - | jurisdiction to disinter human remains or otherwise disturb a burial ground, human remains,441 | |
| 464 | - | or a burial object."442 | |
| 465 | - | - 18 - 25 LC 55 0532S | |
| 466 | - | SECTION 1-5.443 | |
| 467 | - | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code444 | |
| 468 | - | Section 44-12-283, relating to the powers and duties of the Council on American Indian445 | |
| 469 | - | Concerns, by revising paragraph (1) as follows:446 | |
| 470 | - | "(1) To serve as a resource for the notification of relatives under paragraph (4)(5) of447 | |
| 471 | - | Code Section 36-72-5, relating to notification of relatives pursuant to obtaining in448 | |
| 472 | - | connection with an application for a disturbance permit for land use change or449 | |
| 473 | - | disturbance under Chapter 72 of Title 36; provided, however, that failure of the council450 | |
| 474 | - | to respond within 30 days to a request to serve as a resource for the notification shall not451 | |
| 475 | - | prevent the notification process or any permit process from taking place;"452 | |
| 476 | - | PART II453 | |
| 477 | - | SECTION 2-1.454 | |
| 478 | - | Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended455 | |
| 479 | - | by adding a new chapter to read as follows:456 | |
| 480 | - | "CHAPTER 72A457 | |
| 481 | - | 36-72A-1.458 | |
| 482 | - | As used in this chapter, the term:459 | |
| 483 | - | (1) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for460 | |
| 484 | - | the interment, entombment, or inurnment of human remains.461 | |
| 485 | - | (2) 'Cemetery' means a place dedicated to and used, or intended to be used, for the462 | |
| 486 | - | interment, entombment, or inurnment of human remains.463 | |
| 487 | - | (3) 'Columbarium' shall have the same meaning as set forth in Code Section 10-14-3.464 | |
| 488 | - | (4) 'Descendant' means an individual related to a deceased human being by blood or465 | |
| 489 | - | adoption.466 | |
| 490 | - | - 19 - 25 LC 55 0532S | |
| 491 | - | (5) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.467 | |
| 492 | - | (6) 'Family burial plot' means a private, noncommercial cemetery. Such term shall not468 | |
| 493 | - | include governmentally owned cemeteries, fraternal cemeteries, cemeteries owned and469 | |
| 494 | - | operated by churches, synagogues, or other religious organizations, cemeteries wherein470 | |
| 495 | - | burial rights are sold or offered for sale, or cemeteries that are owned by registered471 | |
| 496 | - | cemetery owners pursuant to Chapter 14 of Title 10.472 | |
| 497 | - | (7) 'Final disposition' or 'disposition' means the disposal of human remains by interment,473 | |
| 498 | - | entombment, inurnment, or any other lawful means.474 | |
| 499 | - | (8) 'Grave space' means a space of ground in a cemetery intended to be used for the475 | |
| 500 | - | interment of human remains.476 | |
| 501 | - | (9) 'Human remains' shall have the same meaning as set forth in Code Section 10-14-3.477 | |
| 502 | - | (10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.478 | |
| 503 | - | (11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.479 | |
| 504 | - | (12) 'Mausoleum' shall have the same meaning as set forth in Code Section 10-14-3.480 | |
| 505 | - | (13) 'Outer burial container' shall have the same meaning as set forth in Code481 | |
| 506 | - | Section 10-14-3.482 | |
| 507 | - | (14) 'Registered land surveyor' shall have the same meaning as set forth in Code483 | |
| 508 | - | Section 43-15-2.484 | |
| 509 | - | 36-72A-2.485 | |
| 510 | - | (a) No person shall establish a family burial plot on or after July 1, 2025, without having486 | |
| 511 | - | first obtained a permit authorizing the establishment of such family burial plot from the487 | |
| 512 | - | governing authority of the county or municipal corporation wherein the family burial plot488 | |
| 513 | - | is to be established, which shall have authority to issue such permit in accordance with the489 | |
| 514 | - | provisions of this chapter.490 | |
| 515 | - | (b) No permit shall be issued under this chapter unless the family burial plot to be491 | |
| 516 | - | established meets the minimum requirements provided for in Code Section 36-72A-3.492 | |
| 517 | - | - 20 - 25 LC 55 0532S | |
| 518 | - | 36-72A-3.493 | |
| 519 | - | Each family burial plot created on or after July 1, 2025, shall:494 | |
| 520 | - | (1) Be located on a tract of land that is:495 | |
| 521 | - | (A) At least one acre in size;496 | |
| 522 | - | (B) Subject to an easement granting perpetual access to the family burial plot that is497 | |
| 523 | - | in favor of the county or municipal corporation wherein such land is located and the498 | |
| 524 | - | immediate family and descendants of those interred, entombed, or inured in such family499 | |
| 525 | - | burial plot; and500 | |
| 526 | - | (C) Subject to a covenant that imposes on the owner, and all subsequent owners, of501 | |
| 527 | - | such land the perpetual obligation to preserve, protect, and maintain such family burial502 | |
| 528 | - | plot;503 | |
| 529 | - | (2) Not be located in a flood plain or within 100 feet of a water well;504 | |
| 530 | - | (3) Have all human remains that are located or are to be located in such family burial505 | |
| 531 | - | plot:506 | |
| 532 | - | (A) Interred in a grave space;507 | |
| 533 | - | (B) Entombed in a mausoleum; or508 | |
| 534 | - | (C) Inurned in a columbarium;509 | |
| 535 | - | (4) Be surveyed by a registered land surveyor to show the boundaries of such family510 | |
| 536 | - | burial plot; and511 | |
| 537 | - | (5) Not be used for the purpose of selling burial rights.512 | |
| 538 | - | 36-72A-4.513 | |
| 539 | - | (a) The governing authority of a county or municipal corporation may prescribe the form514 | |
| 540 | - | and manner of an application for a permit under this chapter. Such application shall515 | |
| 541 | - | include, at a minimum, the following information:516 | |
| 542 | - | - 21 - 25 LC 55 0532S | |
| 543 | - | (1) Evidence of ownership of the land on which the family burial plot is to be established517 | |
| 544 | - | or evidence that the owner or owners of such land consent to the establishment of the518 | |
| 545 | - | family burial plot; and519 | |
| 546 | - | (2) Evidence that the family burial plot meets the minimum requirements provided for520 | |
| 547 | - | in Code Section 36-72A-3.521 | |
| 548 | - | (b) If the governing authority of a county or municipal corporation does not prescribe the522 | |
| 549 | - | form and manner of an application for a permit under this chapter, a person may apply for523 | |
| 550 | - | such a permit by submitting the information required under subsection (a) of this Code524 | |
| 551 | - | section in writing to such governing authority.525 | |
| 552 | - | 36-72A-5.526 | |
| 553 | - | In connection with an application for a permit under this chapter, the governing authority527 | |
| 554 | - | of a county or municipal corporation shall be authorized to impose an application fee which528 | |
| 555 | - | shall reflect the cost to such governing authority for processing and reviewing the529 | |
| 556 | - | application.530 | |
| 557 | - | 36-72A-6.531 | |
| 558 | - | (a) Upon satisfactory proof that a proposed family burial plot that is the subject of an532 | |
| 559 | - | application for a permit under this chapter meets the minimum requirements provided for533 | |
| 560 | - | in Code Section 36-72A-3, as well as any additional requirements imposed by the county534 | |
| 561 | - | or the municipal corporation wherein such family burial plot is to be established, and upon535 | |
| 562 | - | the payment of any application fees imposed pursuant to Code Section 36-72A-5, the536 | |
| 563 | - | governing authority of such county or municipal corporation shall issue to the applicant a537 | |
| 564 | - | permit under this chapter authorizing the establishment of such family burial plot.538 | |
| 565 | - | (b) Upon the denial of an application for a permit under this chapter by the governing539 | |
| 566 | - | authority of a county or municipal corporation, the applicant may, within 30 days after such540 | |
| 567 | - | - 22 - 25 LC 55 0532S | |
| 568 | - | denial, file an appeal in the superior court of the county wherein the proposed family burial541 | |
| 569 | - | plot is to be established.542 | |
| 570 | - | 36-72A-7.543 | |
| 571 | - | Nothing in this chapter is intended to prohibit, restrict, or limit the ability of the governing544 | |
| 572 | - | authority of a county or municipal corporation to impose regulations and requirements545 | |
| 573 | - | concerning the establishment of family burial plots that do not conflict with the provisions546 | |
| 574 | - | of this chapter. Any regulation or requirement imposed by the governing authority of a547 | |
| 575 | - | county or municipal corporation that conflicts with the provisions of this chapter shall be548 | |
| 576 | - | void and unenforceable.549 | |
| 577 | - | 36-72A-8.550 | |
| 578 | - | (a) Any person who violates subsection (a) of Code Section 36-72A-2 shall be subject to551 | |
| 579 | - | a civil penalty not to exceed $5,000.00 for each violation. The governing authority of a552 | |
| 580 | - | county or municipal corporation shall be authorized to bring an action in the superior court553 | |
| 581 | - | of the county where such violation occurred to recover the civil penalties authorized by this554 | |
| 582 | - | subsection.555 | |
| 583 | - | (b) In an action brought pursuant to subsection (a) of this Code section, the governing556 | |
| 584 | - | authority of a county or municipal corporation may seek an order from the court requiring557 | |
| 585 | - | the violator to bring the family burial plot into compliance with the minimum requirements558 | |
| 586 | - | provided for in Code Section 36-72A-3 and with any additional requirements imposed by559 | |
| 587 | - | the county or municipal corporation. If the family burial plot cannot be brought into560 | |
| 588 | - | compliance with such requirements, the court may order that any human remains located561 | |
| 589 | - | in the family burial plot be disinterred and reinterred, or otherwise disposed of, in a suitable562 | |
| 590 | - | location that complies with the requirements as provided by law.563 | |
| 591 | - | - 23 - 25 LC 55 0532S | |
| 592 | - | (c) Any remedial action or disinterment and disposition of human remains ordered by a564 | |
| 593 | - | court pursuant to subsection (b) of this Code section shall be performed at the expense of565 | |
| 594 | - | the person or persons found to have violated subsection (a) of Code Section 36-72A-3."566 | |
| 595 | - | PART III567 | |
| 596 | - | SECTION 3-1.568 | |
| 597 | - | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in569 | |
| 598 | - | Chapter 10, relating to historic preservation, by adding a new article to read as follows:570 | |
| 599 | - | "ARTICLE 4571 | |
| 600 | - | 44-10-50.572 | |
| 601 | - | As used in this article, the term:573 | |
| 602 | - | (1) 'Descendant' means an individual related to a deceased human being by blood or574 | |
| 603 | - | adoption.575 | |
| 604 | - | (2) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.576 | |
| 605 | - | (3) 'Grave site' means the place were human remains have been interred, entombed, or577 | |
| 606 | - | inurned.578 | |
| 607 | - | (4) 'Human remains' or 'remains' means the bodies of deceased human beings and579 | |
| 608 | - | includes bodies in any stage of decomposition and cremated remains.580 | |
| 609 | - | (5) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.581 | |
| 610 | - | (6) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.582 | |
| 611 | - | 44-10-51.583 | |
| 612 | - | (a) A descendant of a deceased human being whose remains have been interred, entombed,584 | |
| 613 | - | or inurned on the land of another may, when denied entry upon such land, bring an action585 | |
| 614 | - | against the owner of such land in the superior court of the county where such land is586 | |
| 615 | - | - 24 - 25 LC 55 0532S | |
| 616 | - | located for an order allowing the descendant to enter upon such land for the purpose of587 | |
| 617 | - | visiting, caring for, or maintaining the grave site where such human remains are located.588 | |
| 618 | - | (b) When granting an order described in subsection (a) of this Code section, the superior589 | |
| 619 | - | court may:590 | |
| 620 | - | (1) Specify the dates and the hours that the descendant may enter and remain upon such591 | |
| 621 | - | land;592 | |
| 622 | - | (2) Grant the descendant the right to enter upon such land periodically, as specified in593 | |
| 623 | - | the order; and594 | |
| 624 | - | (3) Impose any limitations on the descendant's ability to enter upon such land to prevent595 | |
| 625 | - | unreasonable interference with the use and enjoyment of such land by the owner thereof.596 | |
| 626 | - | 44-10-52.597 | |
| 627 | - | (a) When an individual has reasonable grounds to believe that he or she is a descendant598 | |
| 628 | - | of a deceased human being whose remains may have been interred, entombed, or inurned599 | |
| 629 | - | on the land of another, such individual may, when denied entry upon such land for the600 | |
| 630 | - | purpose of discovering whether such human remains are located therein, bring an action601 | |
| 631 | - | against the owner of such land in the superior court of the county where such land is602 | |
| 632 | - | located for an order allowing the individual to enter upon such land for the purpose of603 | |
| 633 | - | discovering whether he or she is a descendant of a deceased human being whose remains604 | |
| 634 | - | may be located on such land.605 | |
| 635 | - | (b) When granting an order described in subsection (a) of this Code section, the superior606 | |
| 636 | - | court may:607 | |
| 637 | - | (1) Authorize entry upon the land for the purpose of discovering the existence of human608 | |
| 638 | - | remains therein and conducting genealogical research with respect to any such human609 | |
| 639 | - | remains;610 | |
| 640 | - | (2) Specify the dates and the hours that entry upon the land may occur; and611 | |
| 641 | - | - 25 - 25 LC 55 0532S | |
| 642 | - | (3) Impose any limitations on the ability to enter upon such land to prevent unreasonable612 | |
| 643 | - | interference with the use and enjoyment of such land by the owner thereof.613 | |
| 644 | - | 44-10-53.614 | |
| 645 | - | Any remedy granted pursuant to the provisions of this article shall be in addition to and615 | |
| 646 | - | cumulative of all other remedies provided by law, and any action brought pursuant to the616 | |
| 647 | - | provisions of this article shall not preclude the ability of any individual to bring any other617 | |
| 648 | - | action or seek any other remedy that may be available at law or in equity."618 | |
| 649 | - | PART IV619 | |
| 650 | - | SECTION 4-1.620 | |
| 651 | - | All laws and parts of laws in conflict with this Act are repealed.621 | |
| 494 | + | (3) Recover any costs and reasonable attorney's fees incurred in bringing such action."437 | |
| 495 | + | SECTION 1-5.438 | |
| 496 | + | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code439 | |
| 497 | + | Section 44-12-283, relating to the powers and duties of the Council on American Indian440 | |
| 498 | + | Concerns, by revising paragraph (1) as follows:441 | |
| 499 | + | "(1) To serve as a resource for the notification of relatives under paragraph (4)(5) of442 | |
| 500 | + | Code Section 36-72-5, relating to notification of relatives pursuant to obtaining in443 | |
| 501 | + | S. B. 146 | |
| 502 | + | - 18 - 25 LC 55 0470 | |
| 503 | + | connection with an application for a disturbance permit for land use change or444 | |
| 504 | + | disturbance under Chapter 72 of Title 36; provided, however, that failure of the council445 | |
| 505 | + | to respond within 30 days to a request to serve as a resource for the notification shall not446 | |
| 506 | + | prevent the notification process or any permit process from taking place;"447 | |
| 507 | + | PART II448 | |
| 508 | + | SECTION 2-1.449 | |
| 509 | + | Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended450 | |
| 510 | + | by adding a new chapter to read as follows:451 | |
| 511 | + | "CHAPTER 72A452 | |
| 512 | + | 36-72A-1.453 | |
| 513 | + | As used in this chapter, the term:454 | |
| 514 | + | (1) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for455 | |
| 515 | + | the interment, entombment, or inurnment of human remains.456 | |
| 516 | + | (2) 'Cemetery' means a place dedicated to and used, or intended to be used, for the457 | |
| 517 | + | interment, entombment, or inurnment of human remains.458 | |
| 518 | + | (3) 'Columbarium' shall have the same meaning as set forth in Code Section 10-14-3.459 | |
| 519 | + | (4) 'Descendant' means an individual related to a deceased human being by blood or460 | |
| 520 | + | adoption.461 | |
| 521 | + | (5) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.462 | |
| 522 | + | (6) 'Family burial plot' means a private, noncommercial cemetery. Such term shall not463 | |
| 523 | + | include governmentally owned cemeteries, fraternal cemeteries, cemeteries owned and464 | |
| 524 | + | operated by churches, synagogues, or other religious organizations, cemeteries wherein465 | |
| 525 | + | burial rights are sold or offered for sale, or cemeteries that are owned by registered466 | |
| 526 | + | cemetery owners pursuant to Chapter 14 of Title 10.467 | |
| 527 | + | S. B. 146 | |
| 528 | + | - 19 - 25 LC 55 0470 | |
| 529 | + | (7) 'Final disposition' or 'disposition' means the disposal of human remains by interment,468 | |
| 530 | + | entombment, inurnment, or any other lawful means.469 | |
| 531 | + | (8) 'Grave space' means a space of ground in a cemetery intended to be used for the470 | |
| 532 | + | interment of human remains.471 | |
| 533 | + | (9) 'Human remains' shall have the same meaning as set forth in Code Section 10-14-3.472 | |
| 534 | + | (10) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.473 | |
| 535 | + | (11) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.474 | |
| 536 | + | (12) 'Mausoleum' shall have the same meaning as set forth in Code Section 10-14-3.475 | |
| 537 | + | (13) 'Outer burial container' shall have the same meaning as set forth in Code476 | |
| 538 | + | Section 10-14-3.477 | |
| 539 | + | (14) 'Registered land surveyor' shall have the same meaning as set forth in Code478 | |
| 540 | + | Section 43-15-2.479 | |
| 541 | + | 36-72A-2.480 | |
| 542 | + | (a) No person shall establish a family burial plot on or after July 1, 2025, without having481 | |
| 543 | + | first obtained a permit authorizing the establishment of such family burial plot from the482 | |
| 544 | + | governing authority of the county or municipal corporation wherein the family burial plot483 | |
| 545 | + | is to be established, which shall have authority to issue such permit in accordance with the484 | |
| 546 | + | provisions of this chapter.485 | |
| 547 | + | (b) No permit shall be issued under this chapter unless the family burial plot to be486 | |
| 548 | + | established meets the minimum requirements provided for in Code Section 36-72A-3.487 | |
| 549 | + | 36-72A-3.488 | |
| 550 | + | Each family burial plot created on or after July 1, 2025, shall:489 | |
| 551 | + | (1) Be located on a tract of land that is:490 | |
| 552 | + | (A) At least one acre in size;491 | |
| 553 | + | S. B. 146 | |
| 554 | + | - 20 - 25 LC 55 0470 | |
| 555 | + | (B) Subject to an easement granting perpetual access to the family burial plot that is492 | |
| 556 | + | in favor of the county or municipal corporation wherein such land is located and the493 | |
| 557 | + | immediate family and descendants of those interred, entombed, or inured in such family494 | |
| 558 | + | burial plot; and495 | |
| 559 | + | (C) Subject to a covenant that imposes on the owner, and all subsequent owners, of496 | |
| 560 | + | such land the perpetual obligation to preserve, protect, and maintain such family burial497 | |
| 561 | + | plot;498 | |
| 562 | + | (2) Not be located in a flood plain or within 100 feet of a water well;499 | |
| 563 | + | (3) Have all human remains that are located or are to be located in such family burial500 | |
| 564 | + | plot:501 | |
| 565 | + | (A) Interred in a grave space;502 | |
| 566 | + | (B) Entombed in a mausoleum; or503 | |
| 567 | + | (C) Inurned in a columbarium;504 | |
| 568 | + | (4) Be surveyed by a registered land surveyor to show the boundaries of such family505 | |
| 569 | + | burial plot; and506 | |
| 570 | + | (5) Not be used for the purpose of selling burial rights.507 | |
| 571 | + | 36-72A-4.508 | |
| 572 | + | (a) The governing authority of a county or municipal corporation may prescribe the form509 | |
| 573 | + | and manner of an application for a permit under this chapter. Such application shall510 | |
| 574 | + | include, at a minimum, the following information:511 | |
| 575 | + | (1) Evidence of ownership of the land on which the family burial plot is to be established512 | |
| 576 | + | or evidence that the owner or owners of such land consent to the establishment of the513 | |
| 577 | + | family burial plot; and514 | |
| 578 | + | (2) Evidence that the family burial plot meets the minimum requirements provided for515 | |
| 579 | + | in Code Section 36-72A-3.516 | |
| 580 | + | S. B. 146 | |
| 581 | + | - 21 - 25 LC 55 0470 | |
| 582 | + | (b) If the governing authority of a county or municipal corporation does not prescribe the517 | |
| 583 | + | form and manner of an application for a permit under this chapter, a person may apply for518 | |
| 584 | + | such a permit by submitting the information required under subsection (a) of this Code519 | |
| 585 | + | section in writing to such governing authority.520 | |
| 586 | + | 36-72A-5.521 | |
| 587 | + | In connection with an application for a permit under this chapter, the governing authority522 | |
| 588 | + | of a county or municipal corporation shall be authorized to impose an application fee which523 | |
| 589 | + | shall reflect the cost to such governing authority for processing and reviewing the524 | |
| 590 | + | application.525 | |
| 591 | + | 36-72A-6.526 | |
| 592 | + | (a) Upon satisfactory proof that a proposed family burial plot that is the subject of an527 | |
| 593 | + | application for a permit under this chapter meets the minimum requirements provided for528 | |
| 594 | + | in Code Section 36-72A-3, as well as any additional requirements imposed by the county529 | |
| 595 | + | or the municipal corporation wherein such family burial plot is to be established, and upon530 | |
| 596 | + | the payment of any application fees imposed pursuant to Code Section 36-72A-5, the531 | |
| 597 | + | governing authority of such county or municipal corporation shall issue to the applicant a532 | |
| 598 | + | permit under this chapter authorizing the establishment of such family burial plot.533 | |
| 599 | + | (b) Upon the denial of an application for a permit under this chapter by the governing534 | |
| 600 | + | authority of a county or municipal corporation, the applicant may, within 30 days after such535 | |
| 601 | + | denial, file an appeal in the superior court of the county wherein the proposed family burial536 | |
| 602 | + | plot is to be established.537 | |
| 603 | + | 36-72A-7.538 | |
| 604 | + | Nothing in this chapter is intended to prohibit, restrict, or limit the ability of the governing539 | |
| 605 | + | authority of a county or municipal corporation to impose regulations and requirements540 | |
| 606 | + | S. B. 146 | |
| 607 | + | - 22 - 25 LC 55 0470 | |
| 608 | + | concerning the establishment of family burial plots that do not conflict with the provisions541 | |
| 609 | + | of this chapter. Any regulation or requirement imposed by the governing authority of a542 | |
| 610 | + | county or municipal corporation that conflicts with the provisions of this chapter shall be543 | |
| 611 | + | void and unenforceable.544 | |
| 612 | + | 36-72A-8.545 | |
| 613 | + | (a) Any person who violates subsection (a) of Code Section 36-72A-2 shall be subject to546 | |
| 614 | + | a civil penalty not to exceed $5,000.00 for each violation. The governing authority of a547 | |
| 615 | + | county or municipal corporation shall be authorized to bring an action in the superior court548 | |
| 616 | + | of the county where such violation occurred to recover the civil penalties authorized by this549 | |
| 617 | + | subsection.550 | |
| 618 | + | (b) In an action brought pursuant to subsection (a) of this Code section, the governing551 | |
| 619 | + | authority of a county or municipal corporation may seek an order from the court requiring552 | |
| 620 | + | the violator to bring the family burial plot into compliance with the minimum requirements553 | |
| 621 | + | provided for in Code Section 36-72A-3 and with any additional requirements imposed by554 | |
| 622 | + | the county or municipal corporation. If the family burial plot cannot be brought into555 | |
| 623 | + | compliance with such requirements, the court may order that any human remains located556 | |
| 624 | + | in the family burial plot be disinterred and reinterred, or otherwise disposed of, in a suitable557 | |
| 625 | + | location that complies with the requirements as provided by law.558 | |
| 626 | + | (c) Any remedial action or disinterment and disposition of human remains ordered by a559 | |
| 627 | + | court pursuant to subsection (b) of this Code section shall be performed at the expense of560 | |
| 628 | + | the person or persons found to have violated subsection (a) of Code Section 36-72A-3."561 | |
| 629 | + | PART III562 | |
| 630 | + | SECTION 3-1.563 | |
| 631 | + | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in564 | |
| 632 | + | Chapter 10, relating to historic preservation, by adding a new article to read as follows:565 | |
| 633 | + | S. B. 146 | |
| 634 | + | - 23 - 25 LC 55 0470 | |
| 635 | + | "ARTICLE 4566 | |
| 636 | + | 44-10-50.567 | |
| 637 | + | As used in this article, the term:568 | |
| 638 | + | (1) 'Descendant' means an individual related to a deceased human being by blood or569 | |
| 639 | + | adoption.570 | |
| 640 | + | (2) 'Entombment' shall have the same meaning as set forth in Code Section 10-14-3.571 | |
| 641 | + | (3) 'Grave site' means the place were human remains have been interred, entombed, or572 | |
| 642 | + | inurned.573 | |
| 643 | + | (4) 'Human remains' or 'remains' means the bodies of deceased human beings and574 | |
| 644 | + | includes bodies in any stage of decomposition and cremated remains.575 | |
| 645 | + | (5) 'Interment' shall have the same meaning as set forth in Code Section 10-14-3.576 | |
| 646 | + | (6) 'Inurnment' shall have the same meaning as set forth in Code Section 10-14-3.577 | |
| 647 | + | 44-10-51.578 | |
| 648 | + | (a) A descendant of a deceased human being whose remains have been interred, entombed,579 | |
| 649 | + | or inurned on the land of another may, when denied entry upon such land, bring an action580 | |
| 650 | + | against the owner of such land in the superior court of the county where such land is581 | |
| 651 | + | located for an order allowing the descendant to enter upon such land for the purpose of582 | |
| 652 | + | visiting, caring for, or maintaining the grave site where such human remains are located.583 | |
| 653 | + | (b) When granting an order described in subsection (a) of this Code section, the superior584 | |
| 654 | + | court may:585 | |
| 655 | + | (1) Specify the dates and the hours that the descendant may enter and remain upon such586 | |
| 656 | + | land;587 | |
| 657 | + | (2) Grant the descendant the right to enter upon such land periodically, as specified in588 | |
| 658 | + | the order; and589 | |
| 659 | + | S. B. 146 | |
| 660 | + | - 24 - 25 LC 55 0470 | |
| 661 | + | (3) Impose any limitations on the descendant's ability to enter upon such land to prevent590 | |
| 662 | + | unreasonable interference with the use and enjoyment of such land by the owner thereof.591 | |
| 663 | + | 44-10-52.592 | |
| 664 | + | (a) When an individual has reasonable grounds to believe that he or she is a descendant593 | |
| 665 | + | of a deceased human being whose remains may have been interred, entombed, or inurned594 | |
| 666 | + | on the land of another, such individual may, when denied entry upon such land for the595 | |
| 667 | + | purpose of discovering whether such human remains are located therein, bring an action596 | |
| 668 | + | against the owner of such land in the superior court of the county where such land is597 | |
| 669 | + | located for an order allowing the individual to enter upon such land for the purpose of598 | |
| 670 | + | discovering whether he or she is a descendant of a deceased human being whose remains599 | |
| 671 | + | may be located on such land.600 | |
| 672 | + | (b) When granting an order described in subsection (a) of this Code section, the superior601 | |
| 673 | + | court may:602 | |
| 674 | + | (1) Authorize entry upon the land for the purpose of discovering the existence of human603 | |
| 675 | + | remains therein and conducting genealogical research with respect to any such human604 | |
| 676 | + | remains;605 | |
| 677 | + | (2) Specify the dates and the hours that entry upon the land may occur; and606 | |
| 678 | + | (3) Impose any limitations on the ability to enter upon such land to prevent unreasonable607 | |
| 679 | + | interference with the use and enjoyment of such land by the owner thereof.608 | |
| 680 | + | 44-10-53.609 | |
| 681 | + | Any remedy granted pursuant to the provisions of this article shall be in addition to and610 | |
| 682 | + | cumulative of all other remedies provided by law, and any action brought pursuant to the611 | |
| 683 | + | provisions of this article shall not preclude the ability of any individual to bring any other612 | |
| 684 | + | action or seek any other remedy that may be available at law or in equity."613 | |
| 685 | + | S. B. 146 | |
| 686 | + | - 25 - 25 LC 55 0470 | |
| 687 | + | PART IV | |
| 688 | + | 614 | |
| 689 | + | SECTION 4-1.615 | |
| 690 | + | All laws and parts of laws in conflict with this Act are repealed.616 | |
| 691 | + | S. B. 146 | |
| 652 | 692 | - 26 - |