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Regular Session, 2010
SENATE BILL NO. 168
BY SENATOR WALSWORTH
CEMETERIES. Provides for extension of time for the construction of cemetery facilities
due to force majeure. (8/15/10)
AN ACT1
To amend and reenact R.S. 8:606(B) and (C), and 706 and to enact R.S. 8:1(22.1) and2
606(D) relative to cemeteries; to provide for commencement and completion3
requirements of mausoleums or similar structures; to provide for commencement and4
the completion requirements of improvements on undeveloped cemetery property;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 8:606(B) and (C), and 706 are hereby amended and reenacted and8
R.S. 8:1(22.1) and 606(D) are hereby enacted to read as follows: 9
§1. Definitions10
* * *11
(22.1) "Force majeure" means any of the following circumstances:12
(a) A major storm, major flood, or other similar natural disaster.13
(b) A major accident beyond the cemetery authority's control and not14
ultimately found to be the fault of the cemetery authority.15
(c) The delay by the federal government or any of its agencies, or the16
state or any of its agencies or political subdivisions in granting necessary17 SB NO. 168
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permits.1
(d) A valid order of any federal or state court of competent jurisdiction2
that prevents the timely completion of a project.3
* * *4
§606. Commencement and completion requirements5
* * *6
B. A cemetery authority shall be required to commence construction7
pursuant to the plans filed with the board within forty-eight months after the date of8
the first sale of each section of the structure in which sales, contracts for sales, or9
reservations for sales are being made, and the construction of each such section shall10
be completed within five years after the date of the said first sale. However,11
extensions not to exceed one year, may be granted by the board for reasonable cause.12
Further extensions may be granted pursuant to Subsection C of this Section.13
If the structure is not completed within the time specified herein, all monies paid plus14
any monetary penalties assessed by the board shall be paid to the purchasers, unless15
the cemetery authority delivers a completed interment space acceptable to the16
purchaser in lieu of the interment space purchased.17
C. The board, at its discretion, may grant an extension to the time18
period set forth in Subsection B of this Section based upon the occurrence of a19
force majeure event. Such an extension shall only be granted for reasonable20
cause. Each force majeure event shall be treated as a separate incident.21
C.D. Failure to commence or complete a section within the time herein22
required shall be a misdemeanor punishable by fine of not less than two hundred23
dollars nor more than one thousand dollars or by imprisonment of not less than thirty24
days nor more than one year, or both.25
* * *26
§706. Commencement and completion requirements27
A. A cemetery authority shall commence the installation of the necessary28
improvements to the undeveloped land in which sales, contracts for sales, or29 SB NO. 168
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words in boldface type and underscored are additions.
reservations for sales are being made, within twenty-four months after the date of the1
first such sale. The completion of all such necessary improvements shall be no later2
than forty-eight months after the date of the first sale. However, extensions for3
completion, not to exceed six months, may be granted by the board of reasonable4
cause, but in no event shall any such extension exceed one year., with the exception5
of extensions provided pursuant to Subsection B of this Section.6
B. The board, at its discretion, may grant an extension to the time period7
set forth in Subsection A of this Section based upon the occurrence of a force8
majeure event. Such an extension shall only be granted for reasonable cause.9
Each force majeure event shall be treated as a separate incident.10
B.C. Failure to commence and/or complete development within the time11
herein required shall be a misdemeanor punishable by fine of not less than two12
hundred dollars nor more than one thousand dollars or by imprisonment of not less13
than thirty days nor more than one year, or both.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Proposed law defines "force majeure" as any of the following circumstances:
1.A major storm, major flood, or other similar natural disaster;
2.A major accident beyond the cemetery authority's control and not ultimately found
to be the fault of the cemetery authority;
3. The delay by the federal government or any of its agencies, or the state of Louisiana
or any of its agencies or political subdivisions in granting necessary permits; or
4. A valid order of any federal or state court of competent jurisdiction that prevents the
timely completion of a project.
Present law requires a cemetery authority to commence construction of a mausoleum or
similar structure within 48 months after the first date of sale of a section of the new cemetery
structure, with an extension of one additional year for reasonable cause.
Proposed law allows for further extensions to be granted based on the occurrence of a force
majeure event.
Present law requires a cemetery authority to commence the installation of necessary
improvements to undeveloped land within 24 months after the first date of sale in the new
section, with extensions not to exceed one year. SB NO. 168
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law allows for further extensions to be granted based on the occurrence of a force
majeure event.
Effective August 15, 2010.
(Amends R.S. 8:606(B) and (C), and 706; adds R.S. 8:1(22.1) and 606 (D))