AB 350 — Revises provisions relating to cemeteries. (BDR 40-874)

or(1) (b)Interred in a burial plot that is owned in fee simple by a person(2) By a cemetery authority if the cemetery authority is acting at the direction of a:

(1)(I) Person to whom a permit for disinterment has been issued pursuant to NRS 451.045;

(2)(II) County coroner, in the performance of his or her official duties;

or (3)(III) Person who is authorized to order the burial or cremation of human remains pursuant to NRS 451.024.451.024;

- 83rd Session (2025) – 4 – (b) Any area within a cemetery that contains a historical marker or is designated as a historical site, including, without limitation, any tomb, monument, gravestone or other structure marked as historical or located on land designated as part of a his(c) A historic cemetery owned or operated by a county.

8.

As used in this section, “historic” has the meaning ascribed to it in NRS 381.195.

- *AB350_R1* – 4 – 1.

The cemetery authority must prescribe a reasonable time of not less than 1 year after the date on which [it] a court orders the disinterment and removal of remains pursuant to NRS 451.070, after which the cemetery authority may proceed to disinter and removeremoveter the remains and reinter them in a portion of the existing cemetery or another cemetery or deposit them in a memorial mausoleum or columbarium.

- 83rd Session (2025) – 5 – Sec.

[Every] Except as otherwise provided in subsection 4, every owner of a cemetery shall keep the same in an orderly condition, [and authority is conferred on the board of county commissionersthe intent of eachthis countysection.y to make such rules as will carry out the2.] intentincluding, ofwithout thislimitation, section.by:

2.](a) including,Mowing withoutany limitation,grass by:within the limits of the cemetery at least once per month during the growing season, based on the climate of the area, unless:

(a)(1) MowingGrass anygrowth grassis withindormant thedue limitsto oftemperature theconditions; cemetery at least once per month during the growing season, based on the climate of the area;

or (2) Mowing is impracticable due to irrigation restrictions imposed during a drought by a governmental entity with authority over water resource management or distribution in the area, including, without limitation, a water district, water authority, water utility, water system or irrigation district;

- *AB350_R1* – 5 – (d) Maintaining pathways and entryways that lead into or through the cemetery in safe condition for pedestrian traffic, including, without limitation, by ensuring that:

and (2)and Landscapingentryways elementswithin thatthe encroachlimits onof suchthe pathwayscemetery are trimmed;s (e) Removing litter and entrywaysgarbage within the limits of the cemetery arewithout trimmed;undue delay;

(e)(f) RemovingExcept litteras andotherwise garbageprovided in paragraph (g), ensuring that any tomb, monument, gravestone or other structure within the limits of the cemetery withoutis undueproperly delay;placed in accordance with any sales or interment records maintained by the owner of the cemetery or available to the owner;

and (f)(g) EnsuringPermitting thatthe anytemporary removal and subsequent replacement of a tomb, monument, gravestone or other structure within the limits of the cemetery isas properlynecessary placed.to allow access for equipment, the installation of a memorial or the performance of any other activity required for the normal operation of the cemetery.

2.- 83rd Session (2025) – 6 – 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] requirements set forth in subsection 1.

ExceptIf asthe otherwisecourt providedfinds in subsection [4,] 5, [in addition to any action that may be taken pursuant to the rulesowner described in subsection 1,] the district attorney of the county in which a cemetery ishas locatedfailed orto akeep relativethe ofcemetery any person interred in a cemetery may bring an actionorderly incondition, athe court ofmay competent[: jurisdiction to enforce the [provisions of] requirements set forth in subsection 1.

If(a) theOrder] courtorder finds that the owner of the cemetery hasto failedtake any action necessary to keepbring the cemetery ininto ansuch orderlya condition,condition the. court may:

(a)[; Order the owner of the cemetery to take any action necessary to bring the cemetery into such a condition;

or (b)(b)] If the court[court also determines that continued ownership of the cemetery by thethe] owner is[is not in accordance with the health, safety, comfort or welfarewelfare] of the public,[public, transfer title to the cemetery to the city or, if thethe] cemetery is[is located in an unincorporated area of a county, the county in which the cemetery is located, ifif] fails to comply with any such order, the city or county accepts[accepts such a transfer of title.title.] in which the cemetery is located may, at the order and restore the cemetery to the required condition.

with the 3.

A[A city or county to which titletitle] An owner of a cemetery is[is transferred pursuant to this sectionsection] shall:who conducts an annual weed treatment shall [:

or (d) Transfer title of the cemeterycemetery] be deemed to a[a nonprofit organization acting asas] have complied with the cemetery[cemetery authorityauthority] requirements prescribed by paragraph (b) of the[the cemetery.cemetery.] subsection 1.

The provisions of subsection 1 do not apply toto: any area within a cemetery that contains a historical marker or is designated as a historical site, including, without limitation, any tomb, monument, gravestone or other structure marked as historical or located on land designated as part of a historical site.

(a) Any area within a cemetery that contains a historical limitation, any tomb, monument, gravestone or other structureout marked as historical or located on land designated as part of a historical site;

or (b) A historic cemetery owned or operated by a county.

or - *AB350_R1* – 6 – (c) A cemetery that is funded, in whole or in part, by the Federal Government.

- 83rd Session (2025) – 7 – 6.

(a) “Landscaping“Historic” element”has includes,the withoutmeaning limitation,ascribed anyto tree,it shrubin orNRS plant381.195. within the limits of a cemetery.

(b) “Landscaping element” includes, without limitation, any tree, shrub or plant within the limits of a cemetery.

HSec. - *AB350_R1*

6.

NRS 417.210 is hereby amended to read as follows:

417.210 1.

A person is eligible for interment in a veterans’ cemetery in this State if the person:

(a) Is a veteran who is eligible for interment in a national cemetery pursuant to the provisions of 38 U.S.C.

§ 2402 [is eligible for interment in a veterans’ cemetery in this State.] ;

or (b) Does not meet the criteria set forth in paragraph (a), but otherwise meets the definition of “veteran” set forth in NRS 417.005 and:

(1) Was a member of a reserve component of the National Guard;

or (2) Received a commemorative plaque or urn furnished by the United States Department of Veterans Affairs pursuant to 38 U.S.C.

§ 2306(h).

2.

An eligible veteran, or a member of his or her immediate family, or a veterans’ organization recognized by the Director may apply for a plot in a cemetery for veterans in this State by submitting a request to the cemetery superintendent on a form to be supplied by the cemetery superintendent.

The application for interment must provide for a selection to have the area immediately above and natural grass or xeriscaping.

The cemetery superintendent shallth assign available plots in the order in which applications are received.

A specific plot may not be reserved before it is needed for burial.

No charge may be made for a plot or for the interment of a veteran [.] described in paragraph (a) of subsection 1.

3.

One plot is allowed for the interment of each eligible veteran and for each member of his or her immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.

4.

The Director shall charge a fee for [the] :

(a) The interment of a [family] :

(1) Family member [,] of an eligible veteran, but the fee may not exceed the actual cost of interment.

(2) Veteran described in paragraph (b) of subsection 1, but the fee must not exceed the burial allowance established by the - 83rd Session (2025) – 8 – veterans in a national cemetery.rans Affairs for the interment of (b) A headstone or marker provided by the Department for a veteran described in paragraph (b) of subsection 1 for placement on a plot where the veteran is interred, but the fee must not exceed the actual cost of the headstone or marker.

5.

As used in this section [, “immediate] :

(a) “Eligible veteran” means a person who is eligible for interment in a veterans’ cemetery in this State pursuant to subsection 1.

(b) “Immediate family” means the spouse, minor child or, when the Director deems appropriate, the unmarried adult child of an eligible veteran.

~~~~~ 25 - 83rd Session (2025)