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- 83rd Session (2025)
Assembly Bill No. 350–Committee on Judiciary
CHAPTER..........
AN ACT relating to cemeteries; revising provisions relating to the
disinterment and removal of human remains from certain
cemeteries; revising certain requirements applicable to
certain cemetery owners; expanding eligibility for interment
in a veterans’ cemetery to include certain additional veterans;
requiring the Director of the Department of Veterans Services
to ch arge certain fees relating to the interment of such
veterans; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes a cemetery authority to order the disinterment and
removal of all human remains inte rred in all or any part of a cemetery if: (1) a
governmental authority other than the cemetery authority makes certain
determinations relating to the maintenance of the cemetery in accordance with the
health, safety and comfort of the public; or (2) the ce metery authority determines
that a financial provision must be made for the future care of certain gravesites.
(NRS 451.070) Section 1 of this bill instead provides that, before a cemetery
authority may disinter or remove human remains interred in all or a ny part of a
cemetery: (1) the cemetery authority must petition the district court of the county in
which a cemetery is located for an order authorizing the disinterment and removal;
and (2) the court must issue an order authorizing the disinterment and re moval.
Sections 2-4 of this bill make conforming changes relating to the issuance by the
court, rather than the cemetery authority, of an order for the disinterment and
removal of human remains interred in a cemetery.
Existing law: (1) requires the owner of a cemetery to keep the cemetery in an
orderly condition; and (2) authorizes a board of county commissioners to make
rules relating to this requirement. (NRS 452.030) Section 5 of this bill removes the
authority of a board of county commissioners to make such rules. Instead, section 5
requires the owner of a cemetery to take certain specific actions to ensure that a
cemetery is kept in an orderly condition.
Existing law provides for the establishment, operation and maintenance of
veterans’ cemeteries and sets forth the eligibility requirements for the interment of
veterans in such cemeteries. (NRS 417.210) Section 6 of this bill expands the
eligibility requirements to include certain veterans who were members of a reserve
component of the National Guard or who received a commemorative plaque or urn
furnished by the United States Department of Veterans Affairs. Section 6 also
requires the Director of the Department of Veterans Services to charge a fee for: (1)
the interment of a veteran made eligible under the expanded criteria set forth in
section 6; and (2) a headstone or marker provided by the Department for certain
veterans made eligible for interment under the expanded criteria set forth in
section 6.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.070 is hereby amended to read as follows:
451.070 1. Except as otherwise provided in [NRS 451.075,]
subsection 7, a cemetery authority shall not disinter or remove
human remains interred in all or any part of a cemetery owned,
leased or operated by the cemetery authority without a court order
authorizing the cemetery authority to do so.
2. A cemetery authority may petition the district court of the
county in which a cemetery is located for an order authorizing the
disinterment and removal of [all] human remains interred in all or
any part of [any] a cemetery [if:
1. A governmental authority other than the cemetery authority
determines that: ] owned, leased or operated by the cemetery
authority. The petition must:
(a) Contain a concise statement as to the necessity of the
proposed action; and
(b) Be accompanied by adequate documentation to justify a
hearing on the petition.
3. Upon the filing of a petition pursuant to subsection 2, the
court shall fix a time for a hearing on the matter. The petitioner
shall provide notice and a copy of the petition to every person who
owns, holds or has the right of interment in any plot of the
cemetery or part affected whose name appears on the records of
the cemetery or upon the real property assessment roll of the
county in which the cemetery is located. If a person who receives
such notice wishes to oppose the petition, the pe rson must appear
before the court at the hearing. If the person appears before the
court at the hearing, the court must provide the person an
opportunity to be heard on the matter.
4. After the hearing described in subsection 3, the court may
issue an order authorizing the disinterment and removal of human
remains from all or any part of the cemetery if:
(a) The court finds by clear and convincing evidence that:
(1) The maintenance of all or any part of the cemetery that is
the subject of the petition as a burial place for the human dead is
not in accordance with the health, safety, comfort or welfare of the
public;
[(b)] (2) The cemetery authority is unable to restore the
cemetery or part of the cemetery that is the subject of the petition to
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a condition where the maintenance of the cemetery as a burial place
for the human dead is in accordance with the health, safety, comfort
and welfare of the public; and
[(c)] (3) The cemetery authority is unable, at current market
rates, to sell or lease the cem etery that is the subject of the petition
to or enter into a contract with another cemetery authority that will
maintain the cemetery that is the subject of the petition as a burial
place for the human dead in accordance with the health, safety,
comfort and welfare of the public; or
[2.] (b) The [cemetery authority determines] court finds by clear
and convincing evidence that such disinterment and removal is
necessary because of the financial [provision must be made ]
obligations of the cemetery authority for future care of gravesites
within a specified area.
5. Upon the issuance of an order pursuant to subsection 4, a
cemetery authority may proceed to disinter and remove the
remains in accordance with the provisions of NRS 451.069 to
451.330, inclusive.
6. The cemetery authority shall:
(a) Maintain a written record for each person whose remains
are disinterred and removed, which must include , without
limitation:
(1) The name of the person;
(2) A description of the plot from which the remains were
removed; and
(3) The location where the remains are reinterred, if
known; and
(b) Provide a copy of any such record described in paragraph
(a) to a local health officer, county coroner or the Nevada Funeral
and Cemetery Services Board upon request.
7. The provisions of this section do not apply to:
(a) The disinterment and removal of human remains:
(1) Interred in a burial plot that is owne d in fee simple by a
person other than the cemetery authority; or
(2) By a cemetery authority if the cemetery authority is
acting at the direction of a:
(I) Person to whom a permit for disinterment has been
issued pursuant to NRS 451.045;
(II) County coroner, in the performance of his or her
official duties; or
(III) Person who is authorized to order the burial or
cremation of human remains pursuant to NRS 451.024;
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(b) Any area within a cemetery that contains a historical
marker or is desi gnated as a historical site, including, without
limitation, any tomb, monument, gravestone or other structure
marked as historical or located on land designated as part of a
historical site; or
(c) A historic cemetery owned or operated by a county.
8. As used in this section, “historic” has the meaning
ascribed to it in NRS 381.195.
Sec. 2. NRS 451.075 is hereby amended to read as follows:
451.075 Notwithstanding any other provision of law,
including, without limitation, any provision of NRS 451.069 to
451.330, inclusive, a cemetery authority shall not [:
1. Order the disinterment and removal of human remains
interred in a burial plot that is owned in fee simple by a person other
than the cemetery authority; or
2. Sell,] sell, mortgage or encumber or require the sale,
mortgage or encumbrance of [such] a burial plot [.] owned in fee
simple by a person other than the cemetery authority.
Sec. 3. NRS 451.080 is hereby amended to read as follows:
451.080 1. The cemetery authori ty may prescribe reasonable
regulations governing the manner of making disinterments and
removals and providing for reinterment in a portion of the existing
cemetery or in any other cemetery or for deposit of the remains in
any memorial mausoleum or columb arium or for providing
appropriate future care.
2. The cemetery authority must prescribe a reasonable time of
not less than 1 year after the date on which [it] a court orders the
disinterment and removal of remains pursuant to NRS 451.070, after
which the cemetery authority may proceed to disinter and remove
the remains and reinter them in a portion of the existing cemetery or
another cemetery or deposit them in a memorial mausoleum or
columbarium.
Sec. 4. NRS 451.310 is hereby amended to read as follows:
451.310 If, before receiving [notice of any determination made
by a governmental authority] an order authorizing the disinterment
and removal of human remains interred in all or any part of a
cemetery pursuant to NRS 451.070, [any] a cemetery authority has
in good faith entered into [any] an agreement to sell or has granted
[any] an option to buy all or any portion of its cemetery lands for a
price reasonable at the time the agreement to sell was made, or the
option granted, the district court shall confirm the sale at the price
stipulated in the agreement to sell or the option to buy.
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Sec. 5. NRS 452.030 is hereby amended to read as follows:
452.030 1. [Every] Except as otherwise provided in
subsection 4, every owner of a cemetery shall keep the same in an
orderly condition, [and authority is conferred on the board of county
commissioners of each county to make such rules as will carry out
the intent of this section.
2.] including, without limitation, by:
(a) Mowing any grass within the limits of the cemetery at least
once per month during the growing season, based on the climate
of the area, unless:
(1) Grass growth is dormant due to temperature conditions;
or
(2) Mowing is impracticable due to irrigation restrictions
imposed during a drought by a governmental entity with authority
over water resource management or distribution in the area ,
including, without limitation, a water district, water authority,
water utility, water system or irrigation district;
(b) Regularly removing or treating weeds within the limits of
the cemetery;
(c) Replenishing, pruning or replacing landscaping elements
within the limits of the cemetery as necessary to preserve the
appearance and dignity of the cemetery;
(d) Maintaining pathways and entryways that lead into or
through the cemetery in safe condition for pedestrian traffic,
including, without limitation, by ensuring that:
(1) Such pathways and entryways are free of debris and
erosion; and
(2) Landscaping elements that encroach on such pathways
and entryways within the limits of the cemetery are trimmed;
(e) Removing litter and garbage within the limits of the
cemetery without undue delay;
(f) Except as otherwise provided in paragraph (g), ensuring
that any tomb, monument, gravestone or other structure within the
limits of the cemetery is properly placed in accordance with any
sales or interment records maintained by the owner of the
cemetery or available to the owner; and
(g) Permitting the temporary removal and subsequent
replacement of a tomb, monument, gravestone or other structure
within the limits of the cemetery as necessary to allow access for
equipment, the installation of a memorial or the performance of
any other acti vity required for the normal operation of the
cemetery.
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2. Except as otherwise provided in subsection [4,] 5, [in
addition to any action that may be taken pursuant to the rules
described in subsection 1, ] the district attorney of the county in
which a cemetery is located or a relative of any person interred in a
cemetery may bring an action in a court of competent jurisdiction to
enforce the [provisions of] requirements set forth in subsection 1. If
the court finds that the owner of the cemetery has faile d to keep the
cemetery in an orderly condition, the court may [:
(a) Order] order the owner of the cemetery to take any action
necessary to bring the cemetery into such a condition . [; or
(b)] If the [court also determines that continued ownership of the
cemetery by the] owner [is not in accordance with the health, safety,
comfort or welfare ] of the [public, transfer title to the cemetery to
the city or, if the] cemetery [is located in an unincorporated area of a
county, the county in which the cemeter y is located, if ] fails to
comply with any such order, the city or county [accepts such a
transfer of title. ] in which the cemetery is located may, at the
expense of the owner, take any action necessary to comply with the
order and restore the cemetery to the required condition.
3. [A city or county to which title ] An owner of a cemetery [is
transferred pursuant to this section ] who conducts an annual weed
treatment shall [:
(a) Operate the cemetery;
(b) Lease the cemetery to a cemetery authority to operate the
cemetery;
(c) Enter into a contract with a cemetery authority to operate the
cemetery; or
(d) Transfer title of the cemetery ] be deemed to [a nonprofit
organization acting as] have complied with the [cemetery authority]
requirements prescribed by paragraph (b) of [the cemetery. ]
subsection 1.
4. The provisions of subsection 1 do not apply to:
(a) Any area within a cemetery that contains a historical
marker or is designated as a historical s ite, including, without
limitation, any tomb, monument , gravestone or other structure
marked as historical or located on land designated as part of a
historical site; or
(b) A historic cemetery owned or operated by a county.
5. The provisions of subsection 2 do not apply to [a] :
(a) A cemetery owned by a city or county [.] ;
(b) A veterans’ cemetery; or
(c) A cemetery that is funde d, in whole or in part, by the
Federal Government.
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6. As used in this section:
(a) “Historic” has the meaning ascribed to it in NRS 381.195.
(b) “Landscaping element” includes, without limitation, any
tree, shrub or plant within the limits of a cemetery.
(c) “Orderly condition” means the comprehensive upkeep and
preservation of a ceme tery in a manner that honors the deceased,
promotes public safety and ensures accessibility upon request.
Sec. 6. NRS 417.210 is hereby amended to read as follows:
417.210 1. A person is eligible for interment in a veterans’
cemetery in this State if the person:
(a) Is a veteran who is eligible for interment in a national
cemetery pursuant to the provisions of 38 U.S.C. § 2402 [is eligible
for interment in a veterans’ cemetery in this State.] ; or
(b) Does not meet the criteria set forth in paragraph (a), but
otherwise meets the definition of “veteran” set forth in NRS
417.005 and:
(1) Was a member of a reserve component of the National
Guard; or
(2) Received a commemorativ e plaque or urn furnished by
the United States Department of Veterans Affairs pursuant to 38
U.S.C. § 2306(h).
2. An eligible veteran, or a member of his or her immediate
family, or a veterans’ organization recognized by the Director may
apply for a plot in a cemetery for veterans in this State by submitting
a request to the cemetery superintendent on a form to be supplied by
the cemetery superintendent. The application for interment must
provide for a selection to have the area immediately above and
surrounding the interred remains of the applicant landscaped with
natural grass or xeriscaping. The cemetery superintendent shall
assign available plots in the order in which applications are
received. A specific plot may not be reserved before it is needed fo r
burial. No charge may be made for a plot or for the interment of a
veteran [.] described in paragraph (a) of subsection 1.
3. One plot is allowed for the interment of each eligible veteran
and for each member of his or her immediate family, except wher e
the conditions of the soil or the number of the decedents of the
family requires more than one plot.
4. The Director shall charge a fee for [the] :
(a) The interment of a [family] :
(1) Family member [,] of an eligible veteran, but the fee
may not exceed the actual cost of interment.
(2) Veteran described in paragraph (b) of subsection 1, but
the fee m ust not exceed the burial allowance established by the
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United States Department of Veterans Affairs for the interment of
veterans in a national cemetery.
(b) A headstone or marker provided by the Department for a
veteran described in paragraph (b) of subsect ion 1 for placement
on a plot where the veteran is interred, but the fee must not exceed
the actual cost of the headstone or marker.
5. As used in this section [, “immediate] :
(a) “Eligible veteran” means a person who is eligible for
interment in a vet erans’ cemetery in this State pursuant to
subsection 1.
(b) “Immediate family” means the spouse, minor child or, when
the Director deems appropriate, the unmarried adult child of an
eligible veteran.
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