BURIAL RIGHTS-VISITATIONS
The amendment to the Burial Rights Act signifies a shift in state law towards accommodating the religious and cultural practices of individuals, especially in regard to burial customs. By making such prohibitive contracts unenforceable, the bill will allow families and friends to visit memorials and conduct necessary ceremonies without restriction, thereby fostering a more inclusive environment for commemorating deceased loved ones. The law reinforces the notion that community needs and individual rights take precedence over certain contractual agreements in this sensitive area.
SB0213, introduced by Senator Adriane Johnson, amends the Burial Rights Act to ensure the enforceability of certain burial-related contracts. Specifically, the bill provides that any contract or agreement between cemetery authorities and cemetery workers' associations that completely prohibits burials on Sundays or legal holidays, as well as dedications of monuments, headstones, and visitations, will be considered void against public policy. This legislative change aims to reflect a growing recognition of the need for community members to access burial sites and memorial services during these times.
While the intent of SB0213 is to enhance access to cemetery facilities for emotional and religious reasons, some stakeholders in the cemetery industry may view it as an imposition on the operational agreements that they have with workers' associations. There may be concerns regarding the management of resources on Sundays and holidays, which are traditionally less busy days for cemeteries. The bill brings forth a potential contention between the need for operational flexibility for cemetery authorities and the rights of the public to freely access burial services during key times.