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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 168
BY SENATOR WALSWORTH
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
As used in this Title the following words and phrases, unless the context11
otherwise clearly indicates, shall have the meaning hereinafter ascribed to each:12
* * *13
(22.1) "Force majeure" means any of the following circumstances:14
(a) A major storm, major flood, or other similar natural disaster.15
(b) A major accident beyond the cemetery authority's control and not16
ultimately found to be the fault of the cemetery authority.17
(c) The delay by the federal government or any of its agencies, or the18
state or any of its agencies or political subdivisions in granting necessary19
permits.20
(d) A valid order of any federal or state court of competent jurisdiction21
that prevents the timely completion of a project.22
* * *23
§606. Commencement and completion requirements24
ACT No. 63 SB NO. 168 ENROLLED
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words in boldface type and underscored are additions.
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B. A cemetery authority shall be required to commence construction2
pursuant to the plans filed with the board within forty-eight months after the date of3
the first sale of each section of the structure in which sales, contracts for sales, or4
reservations for sales are being made, and the construction of each such section shall5
be completed within five years after the date of the said first sale. However,6
extensions not to exceed one year, may be granted by the board for reasonable cause.7
Further extensions may be granted pursuant to Subsection C of this Section.8
If the structure is not completed within the time specified herein, all monies paid plus9
any monetary penalties assessed by the board shall be paid to the purchasers, unless10
the cemetery authority delivers a completed interment space acceptable to the11
purchaser in lieu of the interment space purchased.12
C. The board, at its discretion, may grant an extension to the time13
period set forth in Subsection B of this Section based upon the occurrence of a14
force majeure event. Such an extension shall be granted only for reasonable15
cause. Each force majeure event shall be treated as a separate incident.16
C.D. Failure to commence or complete a section within the time herein17
required shall be a misdemeanor punishable by fine of not less than two hundred18
dollars nor more than one thousand dollars or by imprisonment of not less than thirty19
days nor more than one year, or both.20
* * *21
§706. Commencement and completion requirements22
A. A cemetery authority shall commence the installation of the necessary23
improvements to the undeveloped land in which sales, contracts for sales, or24
reservations for sales are being made, within twenty-four months after the date of the25
first such sale. The completion of all such necessary improvements shall be no later26
than forty-eight months after the date of the first sale. However, extensions for27
completion, not to exceed six months, may be granted by the board for reasonable28
cause, but in no event shall any such extension exceed one year., with the exception29
of extensions provided pursuant to Subsection B of this Section.30 SB NO. 168 ENROLLED
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words in boldface type and underscored are additions.
B. The board, at its discretion, may grant an extension to the time period1
set forth in Subsection A of this Section based upon the occurrence of a force2
majeure event. Such an extension shall be granted only for reasonable cause.3
Each force majeure event shall be treated as a separate incident.4
B.C. Failure to commence and/or complete development within the time5
herein required shall be a misdemeanor punishable by fine of not less than two6
hundred dollars nor more than one thousand dollars or by imprisonment of not less7
than thirty days nor more than one year, or both.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: