HB 572/LM (BR 1304) - R. Meeks, L. Clark, P. Bather, S. Brinkman, J. Callahan, M. Cherry, P. Clark, R. Crimm, R. Damron, T. Feeley, C. Geveden, K. Hall, D. Horlander, J. Jenkins, Ji. Lee, M. Marzian, S. Nunn, T. Riner, A. Simpson, J. Stewart
AN ACT relating to cemeteries.
Creates a new section of KRS Chapter 370 relating to historic cemetery preservation; establish the Kentucky Historic Cemetery Preservation Program to provide financial and technical assistance to eligible cemeteries through grants to local governments and other eligible entities; create a board to be located at the Kentucky Historical Society to administer the program and an income tax refund check-off option to help fund it; establish the week prior to Memorial Day of each year as Kentucky Cemetery Cleanup Week; authorize specific state agencies to develop and conduct educational programs for local officials and others interested in cemetery preservation topics and allow the Local Government Training Advisory Council to coordinate the programs; define criteria for family members of deceased persons buried on privately owned lands to follow regarding ingress to and egress from the burial site and permit any person denied reasonable access to bring action in Circuit Court; amend KRS 382.110 to include a provision that a deed conveying property where a cemetery is located note the exact location of the cemetery on the deed; amend KRS 525.105 to increase the penalty for desecration of a venerated object from a Class D to a Class C felony and amend KRS 525.115 to remove the first offense misdemeanor provision for violating graves to a Class D felony for any such violation; repeal KRS 61.350, reenact as new section of KRS Chapter 307, and amend to increase the $25-per-offense fine for a civil or judicial officer who fails or refuses to enforce statutes bearing upon cemetery companies and burying grounds to a minimum of $500 and maximum of $1,000 for each failure or refusal; repeal KRS 381.690, 381.700, 381.710, 381.715, 381.720, 318.730, 381.740, 381.750, 381.755, 381.760, and 381.765 and reenact as new sections of KRS Chapter 307; repeal KRS 381.697, reenact as a new section of KRS Chapter 307, and amend by deleting the exception for private family cemeteries; require the operator of a cemetery that has improperly interred a body or cremated remains to disinter and properly reinter the remains at the cemetery’s expense; require the secretary of the Finance and Administration Cabinet to perform an inventory of all Native American remains held by state agencies and institutions and report findings to General Assembly on or before January 15, 2003; require the secretary of the Finance and Administration Cabinet to perform an inventory of state owned real estate, especially sites having cemeteries that would be suitable for reinterment of Native American remains, and report findings to General Assembly on or before January 15, 2003; amend KRS 213.076 to include, effective January 1, 2003, a provision that individuals responsible for filing certificates of death include the specific location of grave, vault, tomb, crypt, or niche that contain the remains of the deceased; require every cemetery to keep location records in the cemetery's main office for every interment; make records available to public; fine cemetery owners who violate this provision up to $500 for each offense.
HB 572 - AMENDMENTS
HFA (1, R. Meeks) - Create new section of new KRS Chapter 370 to require cemetery owners to notify next of kin of improperly disintered remains and to be responsible for proper reinterment; require cemeteries to keep records of burial site locations to assist individuals seeking a specific grave; impose fines on cemetery owners who violate provisions of this Act.
HFA (2, R. Meeks) - Create a new section of new KRS Chapter 370 to require the Historic Cemetery Preservation Board to receive a written easement from a cemetery owner to allow access to the property prior to the receipt of grant funds; require family to provide to owner, upon request, the existence of unmarked graves or burial sites and the time and manner of access to private property.
HFA (3, G. Lindsay) - Delete sections 13 and 14 of the bill that increase the penalties for violations of KRS 525.105 and 525.115 and renumber subsequent sections accordingly.
Feb 4-introduced in House
Feb 5-to Licensing and Occupations (H)
Feb 6-posted in committee
Feb 13-reported favorably, 1st reading, to Calendar
Feb 14-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 15, 2002; floor amendment (1) filed
Feb 19-floor amendments (2) and (3) filed
Feb 20-3rd reading, passed 83-15 with floor amendments (1) (2) and (3)
Feb 21-received in Senate
Feb 26-to State and Local Government (S)