S.B. 158 Enrolled
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:
23 Other Special Clauses:
25 Utah Code Sections Affected:
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
32 8-6-1 , Utah Code Annotated 1953
33 8-6-2 , Utah Code Annotated 1953
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.
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 [
44 cemetery is situated an accurate plat [
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 [
48 (b) the sections of burial lots held for disposal[
49 (3) An executive [
52 (4) [
53 recording [
54 Section 2. Section 8-3-2 is amended to read:
55 8-3-2. Burial rights -- Certificates.
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[
63 Section 3. Section 8-3-3 is amended to read:
64 8-3-3. Transcripts to be filed for record.
66 (1) No later than January 1 and July 1 of each year [
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 [
71 executive officer or individual owner, of [
72 deed, certificate of sale, or evidence of burial rights issued by [
73 individual owner, or the officer's or owner's designee during the preceding six months.
74 (2) The county [
75 Subsection (1) without charge [
77 Section 4. Section 8-6-1 is enacted to read:
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.
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