DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 292 Engrossed 2016 Regular Session Hall
Abstract: Authorizes and regulates certain persons licensed to operate abandoned cemeteries.
Proposed law enumerates definitions for the purposes of proposed law in order to provide for
clarification.
Proposed law requires that an abandoned cemetery sales and management license be issued only to
a nonprofit juridical person, and the officers and directors of the entity shall serve voluntarily and
without compensation for their services. Proposed law also requires that any excess funds realized
by a licensee shall be deposited into an account, and the funds of the account may be used only for
the maintenance and upkeep of the cemetery and the cemetery records. Proposed law also allows
nonprofit juridical persons whose officers, directors, or members have ancestors within an
abandoned cemetery to apply for an abandoned cemetery sales and management license if they meet
the qualifications required by present law relative to licensure as a cemetery sales organization or
a cemetery management organization. Proposed law adds that nothing within proposed law restricts
a licensee from paying necessary expenses and maintenance costs to contractors.
Proposed law allows the Louisiana Cemetery Bd. (board) to charge an application fee in the amount
of $250, and proposed law allows the board to charge an annual license renewal fee in the amount
of $250.
Proposed law requires that, prior to the issuance of any license issued pursuant to proposed law, the
board shall consult with the division of archaeology of the office of cultural development within the
Dept. of Culture, Recreation and Tourism (division) regarding the reasonableness of the operation
of any abandoned cemetery. Proposed law authorizes the division to impose reasonable conditions
and limitations on any license issued by the board relative to a particular abandoned cemetery.
Proposed law also provides that the division shall have a cause of action for specific performance
against any licensee who violates the provisions of proposed law.
Proposed law states that a licensee shall have exclusive authority to operate the cemetery, regardless
of any other person who subsequently applies for a license to operate the same abandoned cemetery,
for as long as its abandoned cemetery sales and management license is valid.
Proposed law authorizes licensees to do the following:
(1)Sell grave spaces, openings, and closings in the cemetery. (2)Make and enforce written rules and regulations for the operation and maintenance of the
cemetery.
Proposed law prohibits licensees from selling merchandise in any manner that would either require
monies to be deposited into a trust fund as required by the provisions of present law relative to
merchandise trust funds or otherwise necessitate adherence to any provision of present law relative
to merchandise trust funds. Proposed law requires that any merchandise or service sold by a licensee
shall be delivered or performed within 120 days of entering into the applicable contract with the
consumer.
Proposed law prohibits the licensee from destroying or removing any original grave markers from
the premises of the cemetery without the permission that is required to be obtained pursuant to
present law (R.S. 8:659). Proposed law clarifies that nothing in proposed law shall prohibit the
licensee from removing trash or other common waste or debris from the cemetery premises.
Proposed law empowers the board to do the following:
(1)Refuse issuance of an abandoned cemetery sales and management license if the board finds
that ownership of the abandoned cemetery is in dispute.
(2)Revoke or suspend an abandoned cemetery sales and management license if the board finds
either the existence of credible evidence of an ownership dispute for the cemetery subject to
the license or that a licensee has violated any provision of present law relative to cemeteries
or any other applicable rule or regulation promulgated by the board.
(3)Summarily suspend an abandoned cemetery sales and management license, pursuant to
present law (R.S. 49:961), when the board finds that public health, safety, or welfare
imperatively requires emergency action.
(4)Impose upon a licensee certain retroactive recordkeeping or record creation requirements,
including but not limited to the creation of known interment logs, plats, and maps, and any
other documentation reasonably necessary for the cemetery subject to the license to be
operated in compliance with the provisions of present law relative to cemeteries.
Proposed law allows the state or any local political subdivision to use prison labor, subject to the
provisions of present law (R.S. 15:708) and subject to a consultation with the division, to clean and
maintain abandoned cemeteries. Proposed law requires the state or any local political subdivision
to obtain the consent of a licensee prior to using prison labor to perform any work on a cemetery that
is subject to an abandoned cemetery sales and management license. Proposed law provides that, in
the event a licensee consents to the use of prison labor on the abandoned cemetery subject to his
license, the licensee shall reimburse the appropriate prison any cost incurred by use of the prison
labor. Further, proposed law specifies that the cost of any use of prison labor on an abandoned
cemetery shall be reimbursed to the appropriate prison by the requesting governmental entity except
as provided for in proposed law. Proposed law requires a licensee to adhere to all provisions of present law relative to cemeteries that
would otherwise be applicable to an actual owner of the cemetery. Proposed law clarifies that any
liability that results from the unlawful act or inadequate management of a prior owner or operator
of a cemetery shall be strictly limited to the prior owner or operator. Proposed law also states that
no cause or right of action shall be enforceable against a licensee for any unlawful action or
inadequate management of a prior owner or operator of the cemetery. Proposed law further clarifies
that no provision of proposed law is intended to relieve a licensee from his own independent liability.
Proposed law specifies that, in the event of an inadvertent discovery of an unknown or unmarked
grave by a licensee, the licensee shall document the existence of the grave and close the grave.
However, he shall neither disturb any human remains therein nor reuse the grave without the
authority of those individuals identified in present law (R.S. 8:659).
Proposed law indicates that no provision of proposed law shall supercede any other provisions of
present law relative to cemeteries to the contrary.
Effective January 1, 2017.
(Adds R.S. 8:411-418)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Make technical amendments.
2. Define the term "Division" to mean the division of archaeology of the office of cultural
development within the Dept. of Culture, Recreation and Tourism.
3. Clarify the authority of the division by requiring the board to consult with the division
before operating an abandoned cemetery, allowing the division to impose reasonable
conditions on any license issued by the board, and gives the division a cause of action for
specific performance against any licensee who violates those reasonable conditions.
4. Prohibit the licensee from destroying or removing grave markers without acquiring
permission as required by present law (R.S. 8:659).
5. Require the board to consult with the division before use of prison labor in an abandoned
cemetery.
6. Require certain procedures imposed by proposed law to be adhered to in the event of an
inadvertent discovery of an unknown or unmarked grave.