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GA SB391
Bill
Status
Introduced
1/24/2024
Primary Sponsor
Ricky Williams
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AI Summary
- Strengthens the definition of "abandoned cemetery" by adding five specific criteria that must all be met, including no interment for at least 25 years, no known living lineal descendants, no dedication for public use, and no perpetual care registration or guarantee
- Revises disinterment and reinterment permit procedures to require consent from the person with disposition rights, a disturbance permit under Chapter 72, or a court order, and mandates that all such activities be supervised by a licensed funeral director
- Expands the disturbance permit process for abandoned cemeteries by requiring an archeologist's report on the number and location of graves, increasing public hearing notice from two to four consecutive weeks, adding new civil remedies allowing descendants to seek injunctions and recover damages and attorney's fees against unpermitted disturbances, and raising criminal penalties to include up to six months incarceration and fines of not less than $5,000 per grave site
- Creates a new permitting framework for establishing family burial plots (Chapter 72A), requiring the land to be at least one acre, not in a flood plain, not within 100 feet of a water well, surveyed by a registered land surveyor, subject to a perpetual access easement and maintenance covenant, with civil penalties up to $5,000 per violation for noncompliance
- Establishes new civil actions allowing descendants to obtain court orders to enter private land for the purpose of visiting, caring for, or maintaining ancestral grave sites, as well as for discovering ancestral grave sites and conducting genealogical research, with court-imposed limitations to prevent unreasonable interference with the landowner
Legislative Description
Health, Local Government, and Property; regulations and protections of cemeteries and burial grounds; provide
Last Action
Senate Read Second Time
2/26/2024
Committee Referrals
Judiciary1/25/2024
Full Bill Text
No bill text available