Georgia Senate - 1995/1996 Sessions

SB 179 - Nonperpetual Care Cemetery - certain property

Page Numbers - 1/ 2

1. Farrow  54th           2. Black  53rd


Senate Comm: C Aff      /         House Comm: Ind        /                                          
Senate Vote: Yeas 53    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/25/95   Read 1st time          2/17/95                                               
             2/10/95   Favorably Reported     2/14/96*                                              
             Sub       Committee Amend/Sub                                                          
             2/13/95   Read 2nd Time          2/20/95                                               
                       Committed              3/17/95                                               
             2/16/95   Read 3rd Time                                                                
             2/16/95   Passed/Adopted                                                               
             CS        Comm/Floor Amend/Sub                                                         
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 44-3-134                                                                     


SB 17995                                          LC 9 8221S

      SENATE BILL 179

      By:  Senators Farrow of the 54th and Black of the 53rd


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 44-3-134 of the Official Code of
  1- 2  Georgia Annotated, relating to registration of dealers and
  1- 3  cemeteries, perpetual care cemetery trust funds,
  1- 4  nonperpetual care cemeteries, and preneed escrow accounts,
  1- 5  so as to provide that certain property may be operated as a
  1- 6  nonperpetual care cemetery; to provide for practices,
  1- 7  procedures, and requirements related thereto; to repeal
  1- 8  conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Code Section 44-3-134 of the Official Code of Georgia
  1-11  Annotated, relating to registration of dealers and
  1-12  cemeteries, perpetual care cemetery trust funds,
  1-13  nonperpetual care cemeteries, and preneed escrow accounts,
  1-14  is amended by striking subsection (d) of said Code section
  1-15  and inserting in lieu thereof a new subsection (d) to read
  1-16  as follows:

  1-17    "(d) Nonperpetual care cemeteries.

  1-18      (1) In the event that a cemetery offers perpetual care
  1-19      for some designated sections of its property but does
  1-20      not offer perpetual care to other designated sections,
  1-21      the cemetery shall be considered a perpetual care
  1-22      cemetery for purposes of this article.

  1-23      (2) Any nonperpetual care cemetery which was registered
  1-24      with the Secretary of State prior to August 1, 1986, may
  1-25      continue to be operated as such after that date and a
  1-26      renewal of such registration shall not be required.

  1-27      (3) Any nonperpetual care cemetery which is shown to be
  1-28      of historical significance and is operated solely for
  1-29      historical nonprofit purposes shall be exempt from
  1-30      registration.

  1-31      (4) Any property consisting of five acres or less and
  1-32      adjacent to any nonperpetual care cemetery to which

                             S. B. 179
                                 -1- (Index)

                                                  LC 9 8221S

  2- 1      paragraph (3) of this subsection is applicable may be
  2- 2      established and operated as a nonperpetual care
  2- 3      cemetery, regardless of ownership or operation as a for
  2- 4      profit or nonprofit cemetery, if the Secretary of State
  2- 5      issues a certificate allowing such use.  The owner of
  2- 6      such property desiring to establish or operate such
  2- 7      property as a nonperpetual care cemetery shall file an
  2- 8      affidavit with the Secretary of State, along with such
  2- 9      other supporting information as the Secretary of State
  2-10      shall request, showing that additional property is
  2-11      needed to allow continued burials at such location and
  2-12      that the community will be adversely affected if such
  2-13      additional burial space is not provided at such
  2-14      location.  If the Secretary of State finds that the
  2-15      community will be adversely affected unless additional
  2-16      burial space is made available, the Secretary of State
  2-17      shall issue a certificate allowing the operation of such
  2-18      property as a nonperpetual care cemetery.

  2-19      (4)(5) Except as specifically authorized under
  2-20      paragraphs (2), and (3), and (4) of this subsection,
  2-21      from and after August 1, 1986, it shall be unlawful for
  2-22      any person to operate or establish a nonperpetual care
  2-23      cemetery."

                         SECTION 2.

  2-24  All laws and parts of laws in conflict with this Act are
  2-25  repealed.




















                             S. B. 179
                                 -2- (Index)