Oklahoma 2022 Regular Session

Oklahoma House Bill HB1687 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1687 Page 1 1
	3	+	HB1687 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1687 By: Newton and Boles of the
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	HOUSE BILL 1687 By: Newton and Boles of the
30	36		House
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32	38		and
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34	40		Pederson of the Senate
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	47	+	AS INTRODUCED
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42	49		An Act relating to cemeteries; providing for method
43	50		of burial space reversion; providing exception;
44	51		providing certain guidelines for notification
45	52		process; providing certain remedy for certain claims;
46	53		providing for codification; and providing an
47	54		effective date.
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54	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	62		SECTION 1. NEW LAW A new section of law to be codified
56	63		in the Oklahoma Statutes as Section 188 of Title 8, unless there is
57	64		created a duplication in numbering, reads as follows:
58	65		A. Except as otherwise provided in this subsection, after a
59	66		period of eighty-five (85) years since the last recorded activity on
60	67		a burial space, as defined by Section 7102 of Title 36 of the
61	68		Oklahoma Statutes, and after a reasonable search for heirs and
62		-	beneficiaries, an unused burial site shall be deemed abandoned and
63		-	the right of ownership in the burial site shall revert to the
64		-	private or public cemetery after the cemetery has met the
65	69
66		-	ENGR. H. B. NO. 1687 Page 2 1
	70	+	HB1687 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	beneficiaries, an unused burial site shall be deemed abandoned and
	97	+	the right of ownership in the burial site shall revert to the
	98	+	private or public cemetery after the cemetery has met the
91	99		requirements of this section. This subsection shall not apply to a
92	100		burial site where the owner has provided notice to the private or
93	101		public cemetery of his or her intent to be exempt from the burial
94	102		space reversion requirement provided in this subsection.
95	103		B. 1. A reasonable search for heirs and beneficiaries pursuant
96	104		to this section shall include:
97	105		a. sending a certified letter of notice by the entity
98	106		responsible for the cemetery to the last -known address
99	107		of the record property owner; however, if no address
100	108		is available, then no letter shall be required, and
101	109		b. publishing a copy of the description of the burial
102	110		space in a newspaper qualified to publish public
103	111		notices pursuant to Section 106 of Title 25 of the
104	112		Oklahoma Statutes in the county of the last -known
105	113		address of the record owner for three (3) weeks;
106	114		however, if no address is available, then publication
107	115		shall take place in the county where the burial space
108	116		is located.
109	117		2. If no person proves ownership of the burial space within one
110	118		(1) year after the publication, the burial space shall be deemed
111	119		abandoned for purposes of this section.
112		-	C. Any person with a legitimate claim to a burial space that
113		-	has been deemed abandoned pursuant to this section and has bee n used
114		-	or sold by the private or public cemetery shall have the claim
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116		-	ENGR. H. B. NO. 1687 Page 3 1
	121	+	HB1687 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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	147	+	C. Any person with a legitimate claim to a burial space that
	148	+	has been deemed abandoned pursuant to this section and has been used
	149	+	or sold by the private or public cemetery shall have the claim
141	150		settled by receiving an equal burial space in an equivalent location
142	151		as the burial space that reverted to the private or public cemetery.
143	152		SECTION 2. This act shall become effective November 1, 2021 .
144		-	Passed the House of Representatives the 1st day of March, 2021.
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149		-	Presiding Officer of the House
150		-	of Representatives
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153		-	Passed the Senate the ___ day of __________, 2021.
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158		-	Presiding Officer of the Senate
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	154	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	155	+	dated 02/10/2021 - DO PASS, As Coauthored.