S.B. 158 Enrolled

1

CEMETERY AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott K. Jenkins
5 House Sponsor: Ryan D. Wilcox
6
7 LONG TITLE
8 General Description:
9 This bill enacts language related to a cemetery.
10 Highlighted Provisions:
11 This bill:
12 . amends provisions related to the recordation of a cemetery plat;
13 . requires an executive officer or an individual owner of a cemetery:
14 . to provide a purchaser of a lot or burial right a certificate of a burial right; and
15 . to file with the county recorder a transcript of a deed, certificate of sale, or
16 evidence of burial rights;
17 . requires a person that controls a cemetery to adopt certain policies and procedures
18 and establish a record keeping system;
19 . amends provisions governing a cemetery maintenance district; and
20 . makes technical and conforming amendments.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 8-3-1 , as last amended by Laws of Utah 2010, Chapter 378
28 8-3-2 , Utah Code Annotated 1953
29 8-3-3 , Utah Code Annotated 1953

30 17B-2a-102 , as enacted by Laws of Utah 2007, Chapter 329
31 ENACTS:
32 8-6-1 , Utah Code Annotated 1953
33 8-6-2 , Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 8-3-1 is amended to read:
37 8-3-1. Plats of cemeteries shall be recorded.
38 [The executive officers of organizations and all individual owners in control of
39 cemeteries]
40 (1) An executive officer of an organization in control of a cemetery, including a
41 municipality or a cemetery maintenance district, or an individual owner in control of a
42 cemetery, offering burial lots for sale in any county, shall file and cause to be recorded in the
43 office of the county recorder of the county within which [such cemeteries are] the respective
44 cemetery is situated an accurate plat [thereof, which] of the cemetery.
45 (2) The plat required under Subsection (1) shall clearly show:
46 (a) the sections of burial lots which have been disposed of and the names of the
47 persons owning or holding [the same,] each burial lot; and
48 (b) the sections of burial lots held for disposal[; and thereafter such].
49 (3) An executive [officers or owners] officer or owner shall file additional plats of any
50 [additions to such cemeteries] addition to a cemetery before offering for sale any burial lots
51 [therein] located in the cemetery.
52 (4) [County recorders] A county recorder may not collect any [fees] fee for filing and
53 recording [such] an original [plats] plat required under this section.
54 Section 2. Section 8-3-2 is amended to read:
55 8-3-2. Burial rights -- Certificates.
56 [Every purchaser of a lot or burial right therein shall be furnished by such executive
57 officers or individual owners]

58 An executive officer of an organization in control of a cemetery, including a
59 municipality or a cemetery maintenance district, or an individual owner in control of a
60 cemetery, shall provide each purchaser of a lot or burial right located in the cemetery with a
61 certificate of burial rights, properly executed[, and the same may be filed and recorded by the
62 county recorder of the county within which the cemetery is situated].
63 Section 3. Section 8-3-3 is amended to read:
64 8-3-3. Transcripts to be filed for record.
65 [On the first days of January and July]
66 (1) No later than January 1 and July 1 of each year [such executive officers and
67 individual owners offering], the executive officer of an organization in control of a cemetery,
68 including a municipality or cemetery maintenance district, or an individual owner in control of
69 a cemetery with burial lots for sale, shall file with the county recorder of the county within
70 which the [cemeteries are] cemetery is situated a transcript, duly certified by [them] the
71 executive officer or individual owner, of [any and all deeds, certificates of sale or evidences] a
72 deed, certificate of sale, or evidence of burial rights issued by [them] the executive officer,
73 individual owner, or the officer's or owner's designee during the preceding six months.
74 (2) The county [recorders] recorder shall file [such abstracts] the transcript described in
75 Subsection (1) without charge [and make any and all necessary notations upon the plats of the
76 cemeteries theretofore filed with them].
77 Section 4. Section 8-6-1 is enacted to read:
78 CHAPTER 6. POLICIES AND RECORDS
79 8-6-1. Title.
80 This chapter is known as "Policies and Records."
81 Section 5. Section 8-6-2 is enacted to read:
82 8-6-2. Policies adopted and records kept.
83 A cemetery maintenance district, municipality, individual, or other person that controls
84 a cemetery shall:
85 (1) adopt policies and procedures for the regulation of its affairs and the conduct of its

86 business, including policies and procedures for the following:
87 (a) setting of prices and other charges for services;
88 (b) sale of burial rights;
89 (c) regulation of headstones;
90 (d) care of headstones;
91 (e) regulation of flowers, shrubs, or other foliage placed or planted on an individual
92 burial site; and
93 (f) compliance with provisions of this title and other governing provisions of law; and
94 (2) establish a record keeping system, including a secure backup of those records that is
95 regularly updated.
96 Section 6. Section 17B-2a-102 is amended to read:
97 17B-2a-102. Provisions applicable to cemetery maintenance districts.
98 (1) Each cemetery maintenance district is governed by and has the powers stated in:
99 (a) this part; and
100 (b) Chapter 1, Provisions Applicable to All Local Districts.
101 (2) This part applies only to cemetery maintenance districts.
102 (3) A cemetery maintenance district is not subject to the provisions of any other part of
103 this chapter.
104 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
105 Local Districts, and a provision in this part, the provision in this part governs.
106 (5) A cemetery maintenance district shall comply with the applicable provisions of
107 Title 8, Cemeteries.