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| SPONSOR: | Jennings | DATE TYPED: | 01/26/01 | HB | |||
| SHORT TITLE: | Municipal Liability for Cemeteries | SB | 83 | ||||
| ANALYST: | Padilla | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY01 | FY02 | FY01 | FY02 | ||
|
NFI |
|||||
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC files
Regulation and Licensing Department (RLD)
SUMMARY
Synopsis of Bill
Senate Bill 83 makes statutory changes to limit liability to municipalities or to cemetery boards when they acquire cemeteries which have no records.
Significant Issues
In cases where a cemetery board acquires a cemetery whose records do not exist, the board or the affected municipality could not be held liable for any liabilities of the prior owners.
FISCAL IMPLICATIONS
This bill contains no appropriation and has no fiscal impact.
ADMINISTRATIVE IMPLICATIONS
RLD notes that RLD's Financial Institutions' Division regulates only endowed care cemeteries. This bill would limit the liability of RLD's licensees who accept cemeteries with non-existent records. RLD notes that this would not affect the Financial Institution's Division or RLD's regulation of the licensee.
SUBSTANTIVE ISSUES
The bill does not require any explanation or documentation of the loss or destruction of a cemetery's records. It is unclear whether the prior owner would retain any liabilities or if they would effectively escape from liability as a result of the transfer.
LP/ar