Nevada 2017 Regular Session Status: Enacted

AB 203 — Revises provisions governing cemeteries. (BDR 40-723)

Last action — Approved by the Governor. Chapter 77.

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

This bill has been enacted into law. Introduced February 13, 2017. Enacted.

Prognosis

Advancing 52% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

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.

Bill Text

What changed in the latest version

159 added · 173 removed

159 line(s) added, 173 removed.

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(Reprinted with amendments adopted on April 24, 2017) FIRST REPRINT A.B.
Assembly Bill No.
203 A SSEMBLY B ILLN O.
203–Assemblywoman Joiner Joint Sponsor:
203–A SSEMBLYWOMAN JOINER PREFILED FEBRUARY 13, 2017 ____________ JOINT SPONSOR :
Senator Ratti CHAPTER..........
SENATOR R ATTI ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing cemeteries.
(BDR 40-723) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes the cemetery authority to order the disinterment and removal of all human remains interred in all or any part of a cemetery if either the cemetery authority or a governmental authority determines that the further maintenance of all or any part of the cemetery as a burial place is not in accordance of this bill clarifies that a cemetery authority may not:
removal of all human remains interred in all or any part of a cemetery if either the cemetery authority or a governmental authority determines that the further maintenance of all or any part of the cemetery as a burial place is not in accordance with the health, safety, comfort or welfare of the public.
(NRS 451.070) Section 1 of this bill clarifies that a cemetery authority may not:
or (2) sell, mortgage or encumber or order the sale, mortgage or encumbrance of such a burial plot.
or (2) sell, mortgage or encumber or order the the authority of a cemetery authority to determine unilaterally that the furtherves maintenance of all or any part of the cemetery as a burial place is not in accordance with the health, safety, comfort or welfare of the public.
Section 4 of this bill removes the authority of a cemetery authority to determine unilaterally that the further maintenance of all or any part of the cemetery as a burial place is not in accordance - *AB203_R1* – 2 – with the health, safety, comfort or welfare of the public.
and (2) the cemetery authority cannot sell or lease the cemetery to or enter into a contract with another cemetery authority that will properly maintain the cemetery.
and (2) the cemetery authority cannot sell or lease the cemetery to or enter into a contract with anotExisting law requires a cemetery authority that orders the disinterment and removal of remains under the circumstances described above to:
removal of remains under the circumstances described above to:
(NRS 451.080, 451.270) Section 5 of this bill clarifies that the statutory period begins when the cemetery authority orders disinterment and that, after the expiration of that period, the cemetery authority that these provisions apply if the cemetery authority plans to reinter the remains in another portion of the existing cemetery.
(NRS 451.080, 451.270) Section 5 of this bill clarifies that the statutory period begins when the cemetery authority orders may proceed to remove and reinter or deposit the remains.
Section 5 also clarifies that these provisions apply if the cemetery authority plans to reinter the remains in another portion of the existing cemetery.
Existing law requires the owner of a cemetery to keep the cemetery in an orderly condition.
- 79th Session (2017) – 2 – Existing law requires the owner of a cemetery to keep the cemetery in an orderly condition.
(NRS 452.030) Section 7 of this bill authorizes the district attorney of the county in which the cemetery is located or a relative of any person enforce that requirement.
(NRS 452.030) Section 7 of this bill authorizes the district interred in the cemetery to maintain an action in a court of competent jurisdiction to enforce that requirement.
Under section 7, such an action may not be broughtdiction to against a cemetery owned by a city or county.
Under section 7, such an action may not be brought against a cemetery owned by a city or county.
(1) order the owner to take any action necessary to bring the cemetery into an orderly condition;
(1) order the owner to take any action necessary that continued ownership of the cemetery by the owner is not in accordance withmines the health, safety, comfort or welfare of the public, transfer title to the cemetery to the city or county in which the cemetery is located if the city or county accepts such transfer of title.
or (2) if the court also determines that continued ownership of the cemetery by the owner is not in accordance with the health, safety, comfort or welfare of the public, transfer title to the cemetery to transfer of title.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
451.005 As used in NRS 451.010 to 451.470, inclusive, and section 1 of this act, unless the context otherwise requires, “human - *AB203_R1* – 3 – remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
451.005 As used in NRS 451.010 to 451.470, inclusive, and section 1 of this act, unless the context otherwise requires, “human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
451.070 [A] Except as otherwise provided in section 1 of this act, a cemetery authority may order the disinterment and removal of all human remains interred in all or any part of any cemetery if [the cemetery authority or a] :
451.070 [A] Except as otherwise provided in section 1 of this act, a cemetery authority may order the disinterment and removal of - 79th Session (2017) – 3 – all human remains interred in all or any part of any cemetery if [the cemetery authority or a] :
(a) The maintenance of all or any part of the cemetery as a burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public ;
burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public ;
The cemetery authority must prescribe a reasonable time of not less than 1 year after the date on which it orders the disinterment and removal of remains pursuant to NRS 451.070, after which the cemetery authority may proceed to disinter and remove the remains and reinter them in a portion of the existing - *AB203_R1* – 4 – cemetery or another cemetery or deposit them in a memorial mausoleum or columbarium.
The cemetery authority must prescribe a reasonable time of not less than 1 year after the date on which it orders the after which the cemetery authority may proceed to disinter and remove the remains and reinter them in a portion of the existing cemetery or another cemetery or deposit them in a memorial mausoleum or columbarium.
or (b) Has been approved by the closest living relative of the decedent.
or - 79th Session (2017) – 4 – (b) Has been approved by the closest living relative of the decedent.
Except as otherwise provided in subsection 4, in addition to any action that may be taken pursuant to the rules described in subsection 1, the district attorney of the county in which a cemetery is located or a relative of any person interred in a cemetery may bring an action in a court of competent jurisdiction to enforce the provisions of subsection 1.
Except as otherwise provided in subsection 4, in addition to any action that may be taken pursuant to the rules described in subsection 1, the district attorney of the county in which a cemetery may bring an action in a court of competent jurisdiction to enforce the provisions of subsection 1.
- *AB203_R1* – 5 – 4.
4.
The provisions of subsection 2 do not apply to a cemetery ownSec.
The provisions of subsection 2 do not apply to a cemetery owned by a city or county.
Sec.
ci(Deleted by amendment.) Sec.
(Deleted by amendment.) Sec.
H - *AB203_R1*
17 ~~~~~ - 79th Session (2017)
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How this bill changes current law

7 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill restricts cemetery authorities from ordering disinterments and establishes additional requirements for such actions, while also enhancing enforcement mechanisms for maintaining cemeteries.

  • NRS 451.070

    the cemetery authority or a → A governmental authority other than the cemetery authority determines that

    It specifies that a governmental authority must make determinations before disinterment can occur.

  • NRS 451.070

    may order the disinterment and removal of → shall not order the disinterment and removal of human remains interred in a burial plot that is owned in fee simple by a person other than the cemetery authority;

    It prohibits cemetery authorities from disinterring remains from plots owned by individuals other than themselves.

  • NRS 451.070

    the further maintenance of all or any part of the cemetery that is the subject of the petition as a burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public; → the cemetery authority cannot restore the cemetery to a proper operating condition; and the cemetery authority cannot sell or lease the cemetery to or enter into a contract with another cemetery authority that will maintain the cemetery as a burial place for the human dead in accordance with the health, safety, comfort and welfare of the public;

    It adds more criteria that must be met before a disinterment can be authorized.

  • NRS 451.070

    if the cemetery authority determines that financial provision must be made for future care of gravesites within a specified area. → and the cemetery authority determines that financial provision must be made for future care of gravesites within a specified area.

    It clarifies that financial provision is a factor that can justify disinterment.

  • NRS 451.080

    after the date on which a court orders the disinterment and removal of remains pursuant to NRS 451.070, → after the date on which it orders the

    It adjusts the timeline for proceedings related to disinterment.

  • NRS 451.270

    under rules and regulations adopted by the cemetery authority making the removal. → that are prescribed by the cemetery authority.

    It specifies that the receptacles for reinterment must meet specific criteria defined by the cemetery authority.

  • NRS 452.030

    in addition to any action that may be taken pursuant to the rules described in subsection 1, → in addition to any action that may be taken pursuant to the rules described in subsection 1, the district attorney of the county in which a cemetery is located may bring an action in a court of competent jurisdiction to enforce the provisions of subsection 1.

    It allows district attorneys to enforce cemetery maintenance standards.

Action History

  1. Approved by the Governor. Chapter 77.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Judiciary. To committee.

  8. In Senate.

  9. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 38, Nays: 4.) To Senate.

  10. From printer. To engrossment. Engrossed. First reprint .

  11. Read second time. Amended. (Amend. No. 430.) To printer.

  12. Placed on Second Reading File.

  13. From committee: Amend, and do pass as amended.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Health and Human Services. To printer.

  16. Prefiled pursuant to JSR 14.2.1(d).

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 65 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (65)

65 members have not signed on to this bill.

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"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

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

Who sponsors AB 203?
AB 203 is sponsored by Amber Joiner and Julia Ratti.
What is the current status of AB 203?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
Where can I track AB 203?
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