Existing law authorizes a cemetery authority to order the disinterment and removal of all human remains interred in all or any part of a cemetery if: (1) a governmental authority other than the cemetery authority makes certain determinations relating to the maintenance of the cemetery in accordance with the health, safety and comfort of the public; or (2) the cemetery authority determines that financial provision must be made for future care of certain gravesites. (NRS 451.070) Section 1 of this bill instead provides that, before a cemetery authority may disinter or remove human remains interred in all or any part of a cemetery: (1) the cemetery authority must petition the district court of the county in which a cemetery is located for an order authorizing the disinterment and removal; and (2) the court must issue an order authorizing the disinterment and removal. Sections 2-4 of this bill make conforming changes relating to the issuance by the court, rather than the cemetery authority, of an order for the disinterment and removal of human remains interred in a cemetery. Existing law: (1) requires the owner of a cemetery to keep the cemetery in an orderly condition; and (2) authorizes a board of county commissioners to make rules relating to this requirement. (NRS 452.030) Section 5 of this bill removes the authority of a board of county commissioners to make such rules. Instead, section 5 requires the owner of a cemetery to take certain specific actions to ensure that a cemetery is kept in an orderly condition. Section 5 also: (1) requires the board of county commissioners of each county to ensure that the owner of a cemetery complies with these requirements; and (2) authorizes a board of county commissioners to require the owner of a cemetery to take corrective action under certain circumstances.

Statutes affected:
As Introduced: 451.070, 451.075, 451.080, 451.310, 452.030
BDR: 451.070, 451.075, 451.080, 451.310, 452.030