S.B. 158

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 record that certificate; and
16 . to file with the county recorder a transcript of a deed, certificate of sale, or
17 evidence of burial rights;
18 . requires a person that controls a cemetery to adopt certain policies and procedures
19 and establish a record keeping system;
20 . amends provisions governing a cemetery maintenance district; and
21 . makes technical and conforming amendments.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 8-3-1 , as last amended by Laws of Utah 2010, Chapter 378
29 8-3-2 , Utah Code Annotated 1953
30 8-3-3 , Utah Code Annotated 1953
31 17B-2a-102 , as enacted by Laws of Utah 2007, Chapter 329
32 ENACTS:
33 8-6-1 , Utah Code Annotated 1953
34 8-6-2 , Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 8-3-1 is amended to read:
38 8-3-1. Plats of cemeteries shall be recorded.
39 [The executive officers of organizations and all individual owners in control of
40 cemeteries]
41 (1) An executive officer of an organization in control of a cemetery, including a
42 municipality or a cemetery maintenance district, or an individual owner in control of a
43 cemetery, offering burial lots for sale in any county, shall file and cause to be recorded in the
44 office of the county recorder of the county within which [such cemeteries are] the respective
45 cemetery is situated an accurate plat [thereof, which] of the cemetery.
46 (2) The plat required under Subsection (1) shall clearly show:
47 (a) the sections of burial lots which have been disposed of and the names of the
48 persons owning or holding [the same,] each burial lot; and
49 (b) the sections of burial lots held for disposal[; and thereafter such].
50 (3) An executive [officers or owners] officer or owner shall file additional plats of any
51 [additions to such cemeteries] addition to a cemetery before offering for sale any burial lots
52 [therein] located in the cemetery.
53 (4) [County recorders] A county recorder may not collect any [fees] fee for filing and
54 recording [such] an original [plats] plat required under this section.
55 Section 2. Section 8-3-2 is amended to read:
56 8-3-2. Burial rights -- Certificates.
57 [Every purchaser of a lot or burial right therein shall be furnished by such executive
58 officers or individual owners]

59 (1) An executive officer of an organization in control of a cemetery, including a
60 municipality or a cemetery maintenance district, or an individual owner in control of a
61 cemetery, shall provide each purchaser of a lot or burial right located in the cemetery with a
62 certificate of burial rights, properly executed[, and the same may be filed and recorded by the
63 county recorder of the county within which the cemetery is situated].
64 (2) An executive officer or individual owner described in Subsection (1) shall in
65 accordance with Section 8-3-3 file and record a certificate of burial rights with the county
66 recorder of the county within which the cemetery is situated.
67 Section 3. Section 8-3-3 is amended to read:
68 8-3-3. Transcripts to be filed for record.
69 [On the first days of January and July]
70 (1) No later than January 1 and July 1 of each year [such executive officers and
71 individual owners offering], the executive officer of an organization in control of a cemetery,
72 including a municipality or cemetery maintenance district, or an individual owner in control of
73 a cemetery with burial lots for sale, shall file with the county recorder of the county within
74 which the [cemeteries are] cemetery is situated a transcript, duly certified by [them] the
75 executive officer or individual owner, of [any and all deeds, certificates of sale or evidences] a
76 deed, certificate of sale, or evidence of burial rights issued by [them] the executive officer,
77 individual owner, or the officer's or owner's designee during the preceding six months.
78 (2) The county [recorders] recorder shall file [such abstracts] the transcript described in
79 Subsection (1) without charge and make any and all necessary notations upon the [plats of the
80 cemeteries theretofore filed with them] plat of the respective cemetery.
81 Section 4. Section 8-6-1 is enacted to read:
82 CHAPTER 6. POLICIES AND RECORDS
83 8-6-1. Title.
84 This chapter is known as "Policies and Records."
85 Section 5. Section 8-6-2 is enacted to read:
86 8-6-2. Policies adopted and records kept.
87 A cemetery maintenance district, municipality, individual, or other person that controls
88 a cemetery shall:
89 (1) adopt policies and procedures for the regulation of its affairs and the conduct of its

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




Legislative Review Note
as of 1-16-14 9:44 AM

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