Instead,(NRS section452.030) 5eSection requires5 the owner of athis cemeterybill toremoves takethe certainauthority specificof actions to ensure that a cemeteryboard isof keptcounty incommissioners anto orderlymake condition.such rules.

ExistingInstead, lawsection provides5 forrequires the establishment,owner operation and maintenance of veterans’a cemeteriescemetery andto setstake forthcertain thespecific eligibilityactions requirementsto forensure thethat intermenta ofcemetery veteransis kept in suchan cemeteries.orderly condition.

(NRS[Section 417.210)5 Sectionalso: 6 of this bill expands the eligibility requirements to include certain veterans who were members of a reserve component of the National Guard or who received a commemorative plaque or urn requires the Director of the Department of Veterans Services to charge a fee for:

(1) requires the intermentboard of acounty veterancommissioners madeof eligibleeach undercounty to ensure that the expandedowner criteriaof seta forthcemetery incomplies sectionwith 6;these requirements;

and (2) authorizes a headstoneboard orof markercounty providedcommissioners byto require the Departmentowner forof certaina veteranscemetery madeto eligibletake forcorrective intermentaction under thecertain expandedcircumstances.] criteriaTHE setPEOPLE forthOF inTHE sectionSTATE 6.OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Except as otherwise provided in [NRS 451.075,] subsection [6,] 7, a cemetery authority shall not disinter or remove human remains interred in all orAssembly anyAmendment partNo. of a cemetery owned, leased or operated by the cemetery authority without a court order authorizing the cemetery authority to do so.

449 to Assembly Bill No.

350 Page 4 or any part of a cemetery owned, leased or operated by the cemetery authority without a court order authorizing the cemetery authority to do so.

A governmental authority other than the cemetery authority determines that:] owned, leased or operated by the cemetery authority.

The petition must:edmust: or operated by the cemetery (a) Contain a concise statement as to the necessity of the proposed action;

(a) Contain a concise statement as to the necessity of the proposed action;

(1) The 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 public;accordancenot with the health, safety, comfort or welfare of the [(b)] (2) The cemetery authority is unable to restore the cemetery or part of the cemetery that is the subject of the petition to - 83rd Session (2025) – 3 – for the human dead is in accordance with the health, safety, comfort andor welfare of the public;

[(b)] (2) The cemetery authority is unable to restore the cemetery or part of the cemetery that is the subject of the petition to a condition where the maintenance of the cemetery as a burial place for the human dead is in accordance with the health, safety, comfort and welfare of the public;

Upon the issuance of an order pursuant to subsection 4, a cemetery authority may proceed to disinter and remove the remains in accordance with the provisions of NRS 451.069 to 4516.30The451.330, cemeteryinclusive. authority shall:

6.

The cemetery authority shall:

7.Assembly Amendment No.

The449 provisionsto ofAssembly thisBill sectionNo. do not apply to:

(a)350 ThePage disinterment5 and7. removal of human remains:

(1)The Interredprovisions inof athis burialsection plotdo thatnot isapply ownedto in fee simple by a person(2) By a cemetery authority if the cemeterydisinterment authorityand isremoval actingof athuman theremains direction[interred] of: a:

(I)(a) PersonInterred toin whom a permitburial forplot disintermentthat hasis beenowned issuedin pursuantfee tosimple NRSby 451.045;a person other than the cemetery authority [.] ;

(II)or County(b) coroner,By ina cemetery authority if the performancecemetery ofauthority hisis oracting herat officialthe duties;direction of a:

or(1) (III) Person who is authorized to orderwhom thea burialpermit orfor cremationdisinterment ofhas humanbeen remainsissued pursuant to NRS 451.024;451.045;

-(2) 83rdCounty Sessioncoroner, (2025)in –the 4performance – (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 ahis his(c) A historic cemetery owned or operatedher byofficial aduties; county.

8.or (3) Person who is authorized to order the burial or cremation of human remains pursuant to NRS 451.024.

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

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 removeterremove 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 thethe] board of county the intent of this section.y to make such rules as will carry out 2.] including, without limitation, by:

(a) [Regularly mowing and maintaining] Mowing any grass within the limits of the cemetery [such that] at least once per month during the [grass does not exceed a length of 4 1/2 inches;] growing season, based on the climate of the area,area; unless:

(1)(b) GrassRegularly growthremoving isor dormanttreating due[any] toweeds temperaturewithin conditions;the limits of the cemetery;

orAssembly (2)Amendment MowingNo. 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;

(b)449 Regularlyto removingAssembly orBill treatingNo. weeds within the limits of the cemetery;

350 Page 6 (c) Replenishing, pruning or replacing [any] landscaping [element] elements within the limits of the cemetery as necessary to preserve the appearance and dignity of the cemetery;

(d) Maintaining [any pathway or entryway] pathways and entryways that [leads] lead into or through the cemetery in safe condition for pedestrian traffic, including, without limitation, by ensuring that:

(1) [Each pathway] Such pathways and [entryway is] entryways are free of debris and erosion;

and and(2) entryways[Trimming withinany thelandscaping limitselement] ofLandscaping theelements cemeterythat are[encroaches] trimmed;sencroach (e)on Removing[a litterpathway or entryway] such pathways and garbageentryways within the limits of the cemetery without[;] undueare delay;trimmed;

(f)(e) ExceptRemoving as[any] otherwiselitter providedand ingarbage paragraph (g), ensuring that any tomb, monument, gravestone or other structure within the limits of the cemetery iswithout properlyundue placeddelay; in accordance with any sales or interment records maintained by the owner of the cemetery or available to the owner;

and (g)(f) PermittingEnsuring thethat temporaryany removal and subsequent replacement of a tomb, monument, gravestone or other structure within the limits of the cemetery asis necessaryproperly toplaced. 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.

If[The theboard courtof findscounty thatcommissioners the owner of theeach cemeterycounty has failed to keepmake thesuch cemeteryrules inas anwill orderlycarry condition,out the courtintent mayof [:this section.

(a)2. Order] order the owner of the cemetery to take any action necessary to bring the cemetery into such a condition .

[;shall ensure that the owner of a cemetery complies with the requirements set forth in subsection 1.

or (b)] If the [courtboard alsoof county commissioners 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 the city or, if the] cemetery [is located in an unincorporated area of a county, the county in which the cemetery ishas located,failed if] fails to comply with any such order, the cityrequirements orset countyforth [accepts such a transfer of title.] in whichsubsection 1, the cemeteryboard isof locatedcounty may,commissioners atmay therequire order and restore the cemeteryowner to thetake requiredcorrective condition.action.

with3.] Except as otherwise provided in subsection [4,] 5, [in addition to any corrective action that may be taken pursuant to the 3.rules described in required pursuant to subsection 1, 2,] 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.

[AIf citythe orcourt countyfinds tothat whichthe title] An owner of athe cemetery [ishas transferredfailed pursuant to thiskeep section]the whocemetery conductsin an annualorderly weedcondition, treatmentthe shallcourt [:may:

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

or (b) 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 the city or, if the cemetery is located in an unincorporated area of a county, the county in which the cemetery is located, if the city or county accepts such a transfer of title.

3.

[4.] A city or county to which title of a cemetery is transferred pursuant to this section shall:

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

[5.] The provisions of subsection 1 do not apply to:to 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.

The provisions of subsection 2 [3] do not apply to [a] :

- 83rd Session (2025) – 7 – 6.

As used in this section:

(a) “Historic” has the meaning ascribed to it in NRS 381.195.

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

preservation of a cemetery in a manner that honors the deceased, promotes public safety and ensures accessibility upon request.

Sec.

NRSAs 417.210used isin herebythis amendedsection: to read as follows:

417.210Assembly 1.Amendment No.

A449 personto isAssembly eligibleBill forNo. interment in a veterans’ cemetery in this State if the person:

(a)350 IsPage a7 veteran(a) who“Landscaping iselement” eligibleincludes, forwithout intermentlimitation, inany atree, nationalshrub cemeteryor pursuantplant towithin the provisionslimits of 38a U.S.C.cemetery.

§(b) 2402“Orderly [iscondition” eligiblemeans forthe intermentcomprehensive inupkeep aand veterans’preservation of a cemetery in thisa State.]manner ;that honors the deceased, promotes public safety and ensures accessibility [.] upon request.

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)