Revises provisions relating to cemeteries. (BDR 40-874)
AB 350 requires cemetery authorities to obtain a court order before disinterring or removing human remains, replacing previous authority held by cemetery boards or governmental entities. It also removes county commissioners' power to set cemetery maintenance rules, instead mandating specific actions by cemetery owners to maintain order. Additionally, the bill expands eligibility for veterans' cemeteries to include National Guard reservists and veterans receiving VA commemorative items, requiring new fees for interment and markers under these criteria. These changes directly affect cemetery operators, veterans' families, and local government oversight of burial sites.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
Assembly Passage
May 2025
Senate Passage
May 2025
Signed into Law
Jun 2025
Introduced Mar 3, 2025
Signed Jun 3, 2025
Maddy AI version diff · 3 comparisons
What changed between versions
Reprint 2
→
As Enrolled
·
4 edits
·
Jun 3, 2025
MODERATE
This bill shifts the authority to order the removal of human remains from cemetery owners to the district court, requiring a judicial hearing and notice to affected families before any disinterment can occur. It also clarifies the specific financial and safety conditions under which a cemetery can be closed and outlines record-keeping requirements for removed remains.
Scope change
The bill's scope expanded from allowing cemetery authorities to unilaterally order disinterment to requiring a court order, thereby adding a judicial oversight layer to the process.
REQUIREMENT
Cemetery authorities can no longer unilaterally order the removal of remains; they must now petition a district court for an order after providing notice to affected individuals.
The legal standard for disinterment was updated to require 'clear and convincing evidence' that the cemetery is unsafe or that the owner cannot financially maintain it.
New requirements mandate that cemetery authorities maintain written records of all disinterred remains and provide copies to health officials upon request.
SCOPE
The bill explicitly excludes disinterment of remains owned by individuals in fee simple title or those ordered by coroners and licensed funeral directors.
Floor votes · Senate May 21, 2025 · Assembly Apr 22, 2025
How they voted
20–0
Passed
Total votes 20
May 21, 2025
D
Democratic12
100% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
7
Committee
3
Jun 3, 2025
Signed into law
Approved by the Governor.
Chapter 248.
executive
May 26, 2025
Lower · Passed
Senate Amendment No. 679 concurred in. To enrollment.
lower
May 21, 2025
Upper · Passed
Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.
upper
May 19, 2025
Upper · Passed
From committee: Amend, and do pass as amended.
Placed on Second Reading File.
Read second time. Amended. (Amend. No. 679.) To printer.
upper
Apr 22, 2025
Lower · Passed
Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.)
To printer.
lower
Apr 21, 2025
Lower · Passed
From committee: Amend, and do pass as amended.
Placed on Second Reading File.
Read second time. Amended. (Amend. No. 449.)
Dispensed with reprinting.
lower
Mar 4, 2025
Lower · Passed
From printer. To committee.
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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