Chapter 126
2011 -- S 0228 AS AMENDED
Enacted 06/28/11
A N A C T
RELATING TO
HEALTH AND SAFETY - CEMETERIES
Introduced By: Senators Sheehan, and Sosnowski
Date Introduced: February 09, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 23-18-10.1, 23-18-11.2 and 23-18-13
of the General Laws in
Chapter
23-18, entitled “Cemeteries,” are
hereby amended to read as follows:
23-18-10.1. Registering historical cemeteries. -- In addition to
the records and indexes
now required to be maintained by every recorder of deeds
in all cities and towns, the recorder of
deeds in every city and town shall record with an
appropriate symbol maintain a register of all
historical cemeteries located within the city or town ,and
shall register these historical cemeteries
on an official tax plat or similar instrument used by
that city or town to record all plats or parcels
of land. The symbol shall be established by the . The tax
assessor of each city or town shall note the location of each
historical cemetery so registered on
the appropriate tax assessor’s map with a symbol
consisting of the letters “CEM” inside a
rectangle.
23-18-11.2.
Regulation of excavation - Removal and transfer of graves and
cemeteries - Penalties. -- (a) The city or town council of any
municipality may by ordinance
prescribe standards, in addition to those required by section
23-18-10, regulating the excavation,
removal, and transfer of any graves, grave sites, and
cemeteries in the municipality so as to
provide an accurate record of any such activity and to insure
that any remains removed are
properly re-interred and the location of the new interment is
recorded. In the absence of a local
ordinance establishing standards, regulations adopted by the Legislative
Commission on
Historical Cemeteries (Chapter 18.3 of this title),
after providing an opportunity for interested
parties to be heard,
historical preservation and heritage commission shall govern. A report
of any
grave removal and relocation from one cemetery or burial
ground to another shall be filed in the
clerk's office for each municipality and shall, to the extent
permitted by law, be available for
public inspection. In instances where there is a headstone
or other burial marker identifying the
original grave, the headstone or burial marker shall be
erected on the site to which any remains
are transferred.
(b) To the extent not
promulgated pursuant to section 23-3-5.1, the state registrar of vital
records shall promulgate regulations to establish a system of
record-keeping to allow descendants
to locate their ancestors’ graves in
(c) Any person
convicted of violating this section shall be subject to a fine of not more
than two hundred fifty dollars ($250) one
thousand dollars ($1,000) and such fine shall be
deemed civil in nature and not a criminal penalty.
(d) The provisions of
this section shall be considered to be in addition to any other
penalties provided for desecration or vandalism to cemeteries.
23-18-13.
Notification of state archaeologist. -- Notification
of historical preservation
and heritage commission. -- The state
archaeologist historical preservation and heritage
commission shall be notified whenever an ancient burial place
contains or is suspected to contain
the remains of one or more American Indians persons.
SECTION 2. Chapter 23-18.3-1, 23-18.3-2, 23-18.3-3 and
23-18.3-4 of the General Laws
in Chapter 23-18.3 entitled “Advisory Commission on
Historical Cemeteries” are hereby
amended as follows:
23-18.3-1.
Establishment – Purpose – Membership – Compensation. --
(a) There is
created a permanent advisory commission to study the
location, condition, and inventory of
historical cemeteries in to the general
assembly
relative to historical cemeteries in
(b) The commission
shall consist of fourteen (14) eighteen (18) members, all
of whom
shall be citizens and residents of this state. One shall be
the director of veterans' cemeteries or his
or her designee. (c) One shall be the executive
director of the Rhode Island
and heritage commission
or his or her designee. (d) One shall be the director of the
Historical Society or his or her
designee. (e) One shall
be a representative of the
League of Cities and Towns to be
appointed by the governor, who shall serve for one year.
(f)
One shall be the state registrar of vital records, or his or her designee.
The governor, in
consultation with and upon the recommendation of local historical
or preservation societies
within each county, shall appoint ten (10) thirteen
(13) members of the general public consisting
of two (2) representatives from each
County, two (2) representatives from
County, and four (4) representatives from
(c) Beginning on
September 1, 2011, one representative from
representative from
representative from
August 31, 2012, one representative from Kent County,
one representative from
County, and two (2) representatives from
year terms to expire August 31, 2013, and one
representative from
representative from
from
serve three (3) year terms to expire August 31, 2014.
Thereafter, each county representative shall
be appointed for a three (3) year term. County
representatives shall serve until their successors are
appointed. Vacancies shall be filled by the authority making
the original appointment.
(i)
(d) The members shall annually elect a
chairperson, a vice chairperson, and a secretary
of the commission. The secretary need not be a member
of the commission. Any vacancy shall be
filled
by the authority making the original appointment.
(e) Members of
the commission shall serve without compensation.
23-18.3-2.
Quorum. -- Eleven (11) members A simple majority of the commission shall
constitute a quorum for the transaction of any business. The
speaker of the house shall make
available suitable quarters for commission meetings. Meetings may be called upon reasonable
notice by the chairperson.
23-18.3-3.
Rules and regulations. -- The commission shall
adopt reasonable rules and
regulations in compliance with the open meetings law governing
its operations and procedure to
carry out the purposes of this chapter to govern the conduct of its meetings and the
accomplishment of its purposes under this chapter.
23-18.3-4.
Commission report. -- The Annually, the commission shall report its
findings
and recommendations to the general assembly, to the
governor, and to the historical preservation
and heritage commission on or before January 15 of each year.
SECTION 3. Chapter 34-11 of the General Laws, entitled “Form
and Effect of
Conveyances,” is hereby
amended by adding thereto the following section:
34-11-1.5.
Historical cemeteries. -- Every deed presented
for recording a transfer in
ownership of property that has located on it a historical
cemetery registered pursuant to section
23-18-10.1 shall have endorsed upon the deed, in
capital letters, a notation that a historical
cemetery is located on the property. Failure to comply with
this section shall not effect the
validity of any deed.
SECTION 4. Chapter 44-3 of the General Laws entitled “Property
Subject to Taxation” is
hereby amended by adding thereto the following section:
44-3-63.
Historical cemeteries. -- City and town
councils are authorized to provide by
ordinance an abatement from taxation for any real property on
which is located a historical
cemetery registered pursuant to section 23-18-10.1 and to
provide by ordinance for full or partial
reimbursement of expenses incurred in repairing and maintaining
such historical cemeteries,
including walls or fences surrounding such cemeteries.
SECTION 5. This act shall take effect upon passage.
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LC00840
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