SB430 (2008) Detail

Relative to cemeteries and mausoleums.


CHAPTER 319

SB 430 – FINAL VERSION

02/21/08 0596s

16Apr2008… 1139h

2008 SESSION

08-2805

08/09

SENATE BILL 430

AN ACT relative to cemeteries and mausoleums.

SPONSORS: Sen. Downing, Dist 22; Rep. Belanger, Rock 4; Rep. Dalrymple, Rock 4; Rep. DiFruscia, Rock 4; Rep. Ingram, Rock 4

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill changes the definitions relative to cemeteries and mausoleums.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/21/08 0596s

16Apr2008… 1139h

08-2805

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to cemeteries and mausoleums.

Be it Enacted by the Senate and House of Representatives in General Court convened:

319:1 Burial Grounds; Definitions. Amend RSA 289:1 to read as follows:

289:1 Definitions. In this chapter, unless the context clearly requires otherwise:

I. “Burial ground” means a private [cemetery] family or religious institution’s cemetery, mausoleum, or columbarium on private property and not available for use by the public. For purposes of this paragraph, the term “family” shall mean members of the immediate family and any individuals related by blood or marriage or civil union to members of the immediate family.

II. “Burial space” means a lot in any cemetery, mausoleum, or columbarium as designed and intended for the interment of a human body [or], bodies, or remains, but presently not used for such purpose.

III. “Cemetery” means any cemetery owned, managed, or controlled by any municipality within this state or owned and managed by any nonprofit cemetery corporation chartered by the state. Mausoleums and columbariums shall be included within the term “cemetery.”

IV. “Cemetery association” means a nonprofit cemetery corporation, the voting members of which are the owners of burial spaces in the cemetery owned and operated by the association.

V. “Cemetery corporation” means a nonprofit corporation organized for the purpose of operating a cemetery.

VI. “Cemetery trustees” means town cemetery trustees elected pursuant to the provisions contained in this chapter.

VII. “Corporate officer” means the elected or appointed managing officer of a nonprofit corporation established to operate a cemetery for public interment.

VIII. “Owner” means any person or persons owning or possessing the privilege, license, or right of interment in any burial space, as determined under RSA 290:24.

319:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 2, 2008

Effective Date: August 31, 2008