Virginia 2024 Regular Session Status: Enacted

SB 281 — Family cemeteries; interment rights, proof of kinship.

Last action — Acts of Assembly Chapter text (CHAP0767)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 08, 2024.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    6 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Family cemeteries; interment rights; proof of kinship. Allows a family member or descendant, as defined in the bill, of a deceased person buried in a family cemetery, also defined in the bill, that is located on private property to petition the circuit court of the county or city where the property is located for interment rights upon such property. The bill provides that such family member or descendant may prove kinship to the court through official documentation or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased person interred on the private property, family photographs, or other documentation deemed by the court to be reliable.

Bill Text

What changed in the latest version

44 added · 44 removed

Plain-language change summary

The recent amendment to Bill SB 281 clarifies the definition of a "family cemetery" and establishes the rights of immediate family members to seek burial rights in such cemeteries on private property. Specifically, the change removes the tax exemption language from the definition of family cemeteries and outlines the process for petitioning a court for interment rights. This is significant as it allows families to have greater control over burial arrangements for their relatives while ensuring that the rights and responsibilities of property owners and family members are clearly defined.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend the Code of Virginia by adding a section numbered 57-27.1:1, relating to familyN cemeteries;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 767 An Act to amend the Code of Virginia by adding a section numbered 57-27.1:1, relating to family cemeteries;
R O [S 281] Approved L L 1.
[S 281] Approved April 8, 2024 Be it enacted by the General Assembly of Virginia:
1.
D A.
A.
"Family cemetery" means a private burying ground or cemetery, not operated for profit, that contains a collection of graves of people who descend from the same immediate family and that is exempt from taxation pursuant to Article X, Section 6 (a) (3) of the Constitution of Virginia.
"Family cemetery" means a private burying ground or cemetery, not operated for profit, that contains a collection of graves of people who descend from the same immediate family and that is exe"Immediate family member or descendant" means a spouse, child, parent, sibling, grandchild, grandparent, and parent-in-law of a deceased person buried in a family cemetery.
grandparent, and parent-in-law of a deceased person buried in a family cemetery.g, grandchild, "Interment" means the same as that term is defined in § 54.1-2310.
"Interment" means the same as that term is defined in § 54.1-2310.
S B.
B.
Any immediate family member or descendant of a deceased person who died prior to July 1, B 2024, and is buried in an identified family cemetery located on private property owned by someone other than such immediate family member or descendant may petition the circuit court of the couEty or city wherein the property is located for interment rights upon such property.
Any immediate family member or descendant of a deceased person who died prior to July 1, 2024, and is buried in an identified family cemetery located on private property owned by someone other than such immediate family member or descendant may petition the circuit court of the county or city wherein the property is located for interment rights upon such property.
The perimeter of a family surveying costs, including the cost of the survey and of preparing the original and one copy of the plat, shall be shared equally by the petitioner and the property owner.
The perimeter of a family cemetery shall be determined by a survey agreed upon by the petitioner and the property owner.
The surveying costs, including the cost of the survey and of preparing the original and one copy of the plat, shall be shared equally by the petitioner and the property owner.
The immediate family member or descendant may prove kinship to a deceased person buried in the family cemetery by proffering official other documents with family signatures, journals or letters of the deceased family person, familyles or photographs, or other official or nonofficial documentation deemed by the court to be reliable.
The immediate family member or descendant may prove kinship to a deceased person buried in the family cemetery by proffering official documentation or evidence of kinship or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased family person, family photographs, or other official or nonofficial documentation deemed by the court to be reliable.
For purposes of this subsection, the property of any church or religious association, as described in § 57-16.1;
For purposes of this subsection, the property of any church or religious association, denomination, or body owned or leased by (i) an incorporated church or religious body or corporation, as described in § 57-16.1;
or (iii) a trustee of anon, unincorporated church or religious body shall be deemed to be owned by such church or religious association, denomination, or body.
or (iii) a trustee of an unincorporated church or religious body shall be deemed to be owned by such church or religious association, denomination, or body.
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Action History

  1. Acts of Assembly Chapter text (CHAP0767)

  2. Approved by Governor-Chapter 767 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Bill text as passed Senate and House (SB281ER)

  8. Enrolled

  9. VOTE: Passage (65-Y 31-N)

  10. Passed House (65-Y 31-N)

  11. Read third time

  12. Read second time

  13. Reported from General Laws (20-Y 2-N)

  14. Subcommittee recommends reporting (8-Y 0-N)

  15. Assigned GL sub: Housing/Consumer Protection

  16. Referred to Committee on General Laws

  17. Referred from Agriculture, Chesapeake and Natural Resources

  18. Referred to Committee on Agriculture, Chesapeake and Natural Resources

  19. Read first time

  20. Placed on Calendar

  21. Read third time and passed Senate (40-Y 0-N)

  22. Printed as engrossed 24104351D-E

  23. Engrossed by Senate as amended SB281E

  24. Committee amendment agreed to

  25. Reading of amendment waived

  26. Read second time

  27. Constitutional reading dispensed (37-Y 0-N)

  28. Reported from General Laws and Technology with amendment (15-Y 0-N)

  29. Senate committee, floor amendments and substitutes offered

  30. Referred to Committee on General Laws and Technology

  31. Prefiled and ordered printed; offered 01/10/24 24104351D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 31 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: Passage (65-Y 31-N)

Passed 64 Yea · 31 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 643104
Total 643104
% of votes cast 65%31%0%4%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Not Voting
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Not Voting
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Not Voting
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Not Voting
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Reported from General Laws (20-Y 2-N)

Passed 20 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20200
Total 20200
% of votes cast 91%9%0%0%
How each member voted (22)
Member Party Vote
Adele Y. McClure — Yea
Arnold, Jonathan, E. P. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bulova, David L. — Yea
Coyner, Carrie E. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Fowler, Hyland F."Buddy," Jr. — Nay
Holly M. Seibold — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Karrie K. Delaney — Yea
Knight, Barry D. — Yea
Luke E. Torian — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Terry L. Austin — Yea

Official roll call →

Read third time and passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (37-Y 0-N)

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 37003
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Not Voting
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Not Voting

Official roll call →

Reported from General Laws and Technology with amendment (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Jeremy S. McPike — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Schuyler T. VanValkenburg — Yea
Subramanyam, Suhas — Yea
Timmy French — Yea
Todd E. Pillion — Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 281 do?
Family cemeteries; interment rights; proof of kinship. Allows a family member or descendant, as defined in the bill, of a deceased person buried in a family cemetery, also defined in the bill, that is located on private property to petition the circuit court of the county or city where the property is located for interment rights upon such property. The bill provides that such family member or descendant may prove kinship to the court through official documentation or nonofficial documentation, such as obituaries, family Bibles or other documents with family signatures, journals or letters of the deceased person interred on the private property, family photographs, or other documentation deemed by the court to be reliable.
Who sponsors SB 281?
SB 281 is sponsored by Danica A. Roem.
What is the current status of SB 281?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 281?
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