GREEN SHEET REDIGEST
HB 292 2016 Regular Session Hall
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CEMETERIES: Regulates the operation of abandoned cemeteries
DIGEST
Proposed law authorizes and regulates certain persons licensed to operate abandoned
cemeteries. Provides definitions and procedures.
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
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Prepared by Jerry G. Jones. 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)
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Prepared by Jerry G. Jones. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the engrossed bill
1. Revised definition of "abandoned cemetery" to include providing of title
information.
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Prepared by Jerry G. Jones.