reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-289q. - Immunity. Implied warranties not applicable. Determining whether an anatomical gift has been made.

(a) A person that acts in accordance with sections 14-42 and 19a-289 to 19a-289v, inclusive, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution or administrative proceeding. Following a donor's designation in a donor registry, signed statement by a donor or a donor card shall be prima facie evidence of good faith attempt by a person to conform to the donor's intent.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) Implied warranties of merchantability and fitness shall not be applicable to human organs, tissues, eyes or human blood or blood plasma. Provision of such organs, tissues, eyes, blood, blood plasma and components, derivative or fractions thereof, shall not be considered commodities subject to sale or barter, but shall be considered as medical services.
(d) In determining whether an anatomical gift has been made, amended or revoked under the provisions of sections 14-42 and 19a-289 to 19a-289v, inclusive, a person may rely upon representations of an individual listed in subdivisions (2) to (8), inclusive, of subsection (a) of section 19a-289h, relating to such individual's relationship to the donor or prospective donor unless the person knows that the individual's representation is untrue.
(P.A. 10-123, S. 18.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-289r. - Choice of law.

(a) A document of gift is valid if executed in accordance with: (1) The provisions of sections 14-42 and 19a-289 to 19a-289v, inclusive; (2) the laws of the state or country where such document was executed; or (3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
(P.A. 10-123, S. 19.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-289s. - Requirements re donor registry.

(a) A donor registry shall be: (1) A database that includes individuals who have made an anatomical gift; (2) accessible to a procurement organization in order to allow such procurement organization the ability to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made an anatomical gift; and (3) accessible for the purposes of this subsection seven days a week, twenty-four hours per day. Nothing in this subsection shall be construed to require the Department of Motor Vehicles to provide access to data maintained by the department under section 14-42a in any manner that is inconsistent with said section 14-42a.
(b) Personally identifiable information on a donor registry concerning a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine whether the donor or prospective donor has made an anatomical gift.
(c) Nothing in this section shall prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such established registry shall comply with the requirements of subsections (a) and (b) of this section.
(P.A. 10-123, S. 20.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-289t. - Office of the Chief Medical Examiner to cooperate with procurement organizations.

Subject to the provisions of chapter 368q, the Office of the Chief Medical Examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
(P.A. 10-123, S. 21.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-289u. - Uniformity of application and construction of act.

In applying and construing the provisions of the Revised Uniform Anatomical Gift Act, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter among states that enact said uniform act.
(P.A. 10-123, S. 22.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-289v. - Relation to Electronic Signatures in Global and National Commerce Act.

Sections 19a-289 to 19a-289v, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify, limit or supersede Section 101(c) of that act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).
(P.A. 10-123, S. 23; P.A. 15-14, S. 20.)
History: P.A. 15-14 made a technical change.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368i - Anatomical Donations › Section 19a-290. - Eligibility of persons with physical, mental or intellectual disabilities to receive anatomical gifts or organs.

(a) As used in this section:
(1) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation;
(2) “Intellectual disability” means a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behavior that originated during the developmental period before eighteen years of age;
(3) “Mental disability” means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”;
(4) “Organ” means all or part of a human liver, pancreas, kidney, intestine or lung; and
(5) “Physical disability” means any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, blindness, epilepsy, deafness or being hard of hearing or reliance on a wheelchair or other remedial appliance or device.
(b) A person who is a candidate to receive an anatomical gift or an organ from a living donor for transplantation shall not be deemed ineligible to receive the anatomical gift or organ solely because of the person's physical, mental or intellectual disability, except to the extent that a physician has determined, following an evaluation of the person, that the person's physical, mental or intellectual disability is medically significant so as to contraindicate the acceptance of the anatomical gift or organ. If a person has the necessary support to assist the person in complying with post-transplant medical requirements, the person's inability to comply with such requirements without assistance shall not be deemed to be medically significant. The provisions of this subsection shall apply to each part of the transplant process.
(c) Nothing in this section shall be construed to require a physician to make a referral or recommendation for, or perform a medically inappropriate transplant of an anatomical gift or organ.
(P.A. 22-58, S. 51.)
History: P.A. 22-58 effective May 23, 2022.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-295. (Formerly Sec. 19-146). - Ownership and management of burial grounds. Town appropriations.

Towns and ecclesiastical societies may procure and hold lands for burial grounds and provide a hearse and pall for the burial of the dead. Cemeteries may be acquired, owned and managed and controlled by such towns and ecclesiastical societies, and by cemetery associations heretofore incorporated or incorporated as provided in section 19a-296, and by no other persons, firms or corporations. Any town may appropriate annually such sum as may be necessary to maintain and properly care for public cemeteries and public burying grounds owned or controlled by such town, and any town may appropriate annually such sums as may be necessary to aid in the maintenance and care of public cemeteries and public burying grounds owned or controlled by ecclesiastical societies or cemetery associations.
(1949 Rev., S. 4703; 1953, S. 2358d.)
History: Sec. 19-146 transferred to Sec. 19a-295 in 1983.
See Sec. 19a-91 re transportation of bodies.
See Sec. 25-41 prohibiting location of cemetery within one-half mile of reservoir.
Annotations to former section 19-146:
Section authorizes ancient practice. 77 C. 84.
Cited. 29 CS 292.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-296. (Formerly Sec. 19-147). - Cemetery associations.

(a) Cemetery associations shall be organized in accordance with the provisions of sections 33-1025 to 33-1047, inclusive, and shall not be conducted for the purposes of speculation in cemetery lots and property, or for private gain, either directly or indirectly, to any of the members of any such association; and land for the enlargement of a cemetery may be taken in accordance with the provisions of section 48-18.
(b) The board of directors or board of trustees of any cemetery association shall hold an annual meeting of the association. At such annual meeting, the board shall accept an annual financial statement that shall contain an accounting of income and expenses of the cemetery association for the preceding fiscal year and an accounting of assets owned by the association. Such financial statement shall be included in the minutes of the annual meeting at which such financial statement was accepted. The board shall retain the minutes of such annual meeting for a period of not less than twenty years after such meeting.
(c) No officer, director or trustee of a cemetery association may serve as an officer, director or trustee of any company that manages or operates any aspect of the cemetery.
(d) Any interested party may petition the probate court for the district within which the cemetery owned or controlled by a cemetery association is located to require disclosure of the minutes of an annual meeting of the cemetery association including any financial statement required to be included in such minutes. The court may, after hearing, with notice to all interested parties, grant the petition and require disclosure of such minutes for such periods of time as it determines are reasonable and necessary on finding that: (1) The petitioner has an interest in the minutes sufficient to warrant disclosure, and (2) the petition is not for the purpose of harassment.
(1949 Rev., S. 4704; 1959, P.A. 617, S. 109; P.A. 96-256, S. 184, 209; P.A. 05-197, S. 2.)
History: 1959 act deleted reference to section 33-146, substituting sections 33-423 to 33-432; Sec. 19-147 transferred to Sec. 19a-296 in 1983; P.A. 96-256 replaced reference to Secs. 33-423 to 33-432, inclusive, with Secs. 33-1025 to Sec. 33-1047, inclusive, effective January 1, 1997; P.A. 05-197 designated existing provisions as Subsec. (a) and added Subsecs. (b) re annual meeting and financial statement, (c) re officers, directors and trustees and (d) re petition for disclosure of minutes and financial statement.
See Sec. 19a-314 re penalty for violation of this section.
Annotations to former section 19-147:
Special law authorizing one cemetery association to take land of another upheld. 77 C. 83. Association may still hold title to land, though all rights of burial are disposed of. 83 C. 204. Condemnation of land. 87 C. 428. Right of eminent domain is specifically given to the owner of any cemetery. 168 C. 447. Cited. 180 C. 680.
Cited. 16 CS 327; 29 CS 292.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-297. (Formerly Sec. 19-148). - Bylaws. Sexton.

The selectmen of towns, cemetery associations or ecclesiastical societies, having the care of cemeteries, may (1) enact bylaws providing for the care and management of all burial lots, and the protection of all shrubs, trees, fences and monuments thereon, provided no such bylaws shall (A) require or result in the removal or banishing of any undamaged United States flag or armed forces service marker, including flagholders provided by veterans organizations, from any grave site, or (B) restrict the placement of United States flags on the graves of veterans from the Friday before Memorial Day in each year until the Monday after the fourth of July, and (2) appoint superintendents and sextons for such cemeteries. Such superintendents and sextons shall have the exclusive right to direct the opening of graves, and no grave shall be opened in any cemetery except with the consent of the superintendent or sexton. Any person to whom such bylaws have been made known who violates the same shall be fined not more than ten dollars. The incorporators, organizers or members of any cemetery association or, if no incorporators, organizers or members are living, the owners of burial lots therein, by a majority vote, may, at any meeting called for that purpose, amend its articles of association or its bylaws.
(1949 Rev., S. 4710; 1957, P.A. 13, S. 92; 1967, P.A. 161, S. 1; P.A. 79-105; P.A. 80-483, S. 79, 186; P.A. 96-209, S. 1; P.A. 09-5, S. 1; P.A. 13-44, S. 2.)
History: 1967 act added proviso re flag or service marker; P.A. 79-105 added flagholders provided by veterans organizations in proviso; P.A. 80-483 made technical grammar corrections; Sec. 19-148 transferred to Sec. 19a-297 in 1983; P.A. 96-209 added “or members” after “organizers”; P.A. 09-5 designated existing provisions re bylaws as Subdiv. (1), designated existing bylaw prohibition therein as Subpara. (A), added Subpara. (B) therein re bylaw prohibition against restriction on placement of United States flags on veterans' graves, designated existing provision re appointment of superintendents and sextons as Subdiv. (2) and made technical changes, effective May 4, 2009; P.A. 13-44 amended Subdiv. (1)(B) by changing dates for placing flags on veterans' graves from Saturday before Memorial Day to Friday before Memorial Day.
See Sec. 7-66 re duties of sextons.
See Sec. 7-71 re required reporting of sexton's name to town registrar.
See Sec. 19a-309 re headstones at soldiers' graves.
Annotations to former section 19-148:
Bylaw forbidding any person to cut herbage without permission upheld; section applies to a stock corporation. 78 C. 90.
Cited. 29 CS 292.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-298. (Formerly Sec. 19-149). - Cemetery associations with capital stock organized prior to 1855.

Cemetery associations having capital stock and organized under the general law as to incorporating burial societies prior to 1855 may, when the principal and interest of the subscriptions for capital stock have been repaid and no dividends have been paid for sixty-five years, amend the articles of association by a majority vote of the stock present and voting at a special meeting of such association called for the purpose.
(1949 Rev., S. 4722.)
History: Sec. 19-149 transferred to Sec. 19a-298 in 1983.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-299. (Formerly Sec. 19-150). - Trust funds for care of cemeteries.

Towns, ecclesiastical societies and cemetery associations may receive and hold in trust donations, the income of which is to be used wholly or in part for the care or improvement of their cemeteries and burial lots or of private lots within such cemeteries or elsewhere. All such donations shall be invested as by law required for the investment of trust funds, except when otherwise authorized by the donors. The principal of two or more such trust funds may be combined and merged in a single fund for the purpose of the investment of the same.
(1949 Rev., S. 4712; 1957, P.A. 329, S. 1.)
History: Sec. 19-150 transferred to Sec. 19a-299 in 1983.
See Sec. 33-264g authorizing receipt of funds derived by gift or devise.
Annotations to former section 19-150:
Cemetery association is not a benevolent society. 73 C. 678. Ecclesiastical society can accept gift, portion of which is to be devoted to a cemetery and the balance to maintaining its church. 82 C. 188. Cited. 151 C. 527.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-300. (Formerly Sec. 19-151). - Funds for care of cemetery lots.

Money declared by an instrument in writing to be intended for the perpetual care, maintenance, improvement or embellishment of any cemetery in this state, or of any lot or plot therein, to an amount not less than one hundred dollars, may be deposited with the State Treasurer who shall, in the name of the state, receive and receipt therefor. Each depositor shall, at the time of making such deposit, file with the State Treasurer and with the Secretary of the State a copy of such instrument. The State Treasurer shall invest the money deposited with the State Treasurer under the provisions of this section, in the name of the state, in bonds or other obligations of the state or other securities in which the State Treasurer is authorized to invest money on behalf of the state; and, on the first days of February and August annually, the State Treasurer shall pay over the accrued interest thereof to the treasurer of the town in which the cemetery is located, and the same shall be expended in the same manner as the income of funds donated to towns under the provisions of section 19a-304. At the time of paying such interest the State Treasurer shall inform the person to whom it is paid of the purpose to which it is to be applied, as stated in the copy of such instrument, and such person shall thereupon apply it to such purpose.
(1949 Rev., S. 4713; 1959, P.A. 152, S. 51; P.A. 10-32, S. 73.)
History: 1959 act deleted references to county and county treasurer, county government having been abolished and substituted references to state; Sec. 19-151 transferred to Sec. 19a-300 in 1983; P.A. 10-32 made technical changes, effective May 10, 2010.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-302. (Formerly Sec. 19-153). - Takeover of fund. Appointment of cemetery committee.

If at any time such association fails to comply with the provisions of section 19a-301, the selectmen of the town in which such cemetery is located shall take over the care of such fund and file an annual report with the Probate Court in accordance with the provisions of section 19a-301. The selectmen may appoint a cemetery committee consisting of not fewer than three or more than seven members who are residents of such town. If three members are appointed, one shall serve for a term of two years, one for a term of four years and one for a term of six years; if four members are appointed, one shall serve for a term of two years, one for a term of four years and two for a term of six years; if five members are appointed, one shall serve for a term of two years, two for a term of four years and two for a term of six years; if six members are appointed, two shall serve for a term of two years, two for a term of four years and two for a term of six years; and if seven members are appointed, two shall serve for a term of two years, two for a term of four years and three for a term of six years. Biennially thereafter, they may appoint one member for a term of six years to replace each member whose term expires. Such committee shall have all of the powers and duties of a committee established as provided in section 19a-301.
(1953, S. 2360d; P.A. 03-252, S. 24; P.A. 04-257, S. 37.)
History: Sec. 19-153 transferred to Sec. 19a-302 in 1983; P.A. 03-252 changed the number of members of cemetery committee from three to not fewer than three or more than seven, and revised provisions re terms for members; P.A. 04-257 made technical changes, effective June 14, 2004.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-303. (Formerly Sec. 19-154). - Acceptance of legacy.

Any town or ecclesiastical society, at any meeting warned and held for that purpose, may accept, upon the terms and conditions expressed by a testator in his will, any legacy intended as a provision for the enlargement, improvement or repair of any cemetery or any part thereof, in any town in this state.
(1949 Rev., S. 4715.)
History: Sec. 19-154 transferred to Sec. 19a-303 in 1983.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-304. (Formerly Sec. 19-155). - Care of funds by towns.

Such a donation, when received by a town, shall, unless otherwise directed by the donor, be paid to the town treasurer; and the income therefrom shall be paid by such treasurer to such person as the selectmen may annually appoint to receive and expend such income. The person so appointed shall give a bond to the town for such sum as the selectmen may fix, with surety to their satisfaction, conditioned for the faithful performance of his duties; and thereupon such person shall expend such income pursuant to the terms of the instrument or declaration of trust regulating the use thereof, and, when no specific direction has been made by the donor relative to the expenditure of such income, or when the purpose specified is incapable of performance, or when there is a surplus of income after the directions of the trust have been fully complied with and performed, he shall expend the same wholly or in part for the general care or improvement of the cemeteries and burial lots or of private lots within such cemeteries in such town.
(1949 Rev., S. 4716; 1957, P.A. 329, S. 2.)
History: Sec. 19-155 transferred to Sec. 19a-304 in 1983.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-305. (Formerly Sec. 19-156). - Probate Court may make allowance for care of lot.

The Court of Probate may allow, out of the estate of a deceased person in settlement before such court, such amount as it deems necessary for the perpetual care, or for care for such time as it determines, of the cemetery lot wherein the deceased is interred.
(1949 Rev., S. 4721.)
History: Sec. 19-156 transferred to Sec. 19a-305 in 1983.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-306. (Formerly Sec. 19-157). - Cemeteries in adjoining towns.

When any cemetery association or ecclesiastical society owns or manages a cemetery or cemeteries in two adjoining towns, or in the town next adjoining the town in which such association or society is located, a certificate of the registrar of that one of such towns in which any person dies shall be sufficient to enable such association or society to bury such deceased person in any of the cemeteries owned or managed by it as aforesaid.
(1949 Rev., S. 4718.)
History: Sec. 19-157 transferred to Sec. 19a-306 in 1983.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-307. (Formerly Sec. 19-158). - Sale of abandoned or unused lots.

Any town or any mutual nonstock cemetery association or corporation having charges legally assessed against any lot in the cemetery under its control or any holder of any such lot which have been due and unpaid for at least one year shall be authorized to sell the unused portion of such lot in such manner as its legislative body or governing board, as the case may be, may direct, provided a notice shall be sent by registered or certified mail to any such lotholder and any other person known to be beneficially interested in any such lot, at the last-known address of such lotholder or other person, which notice shall substantially contain the information that, if such legally assessed charges are not paid within six months from the date of the issuance of such notice, such town, cemetery association or corporation may take over any unused portion of such lot for the purpose of sale. If such town, association or corporation is unable to determine any person known to be beneficially interested in any such lot, it shall cause to be published, in a newspaper having a circulation in the town in which the cemetery is located, at least once, a notice containing the same information as is sent to any known lotholder or person known to be beneficially interested. The proceeds from the sale of such unused portion of such lots shall first be used to reimburse such town, association or corporation for any past due charges and costs of sale. The balance shall be placed in a perpetual care fund, the interest from which shall be expended in the care of such uncared-for lots in such cemetery as are designated by the legislative body of such town or the governing board of such cemetery, as the case may be.
(1949 Rev., S. 4705; 1957, P.A. 97; 1971, P.A. 172; P.A. 18-87, S. 1.)
History: 1971 act allowed towns, acting through their legislative bodies, to sell abandoned or unused lots in cemeteries under their control; Sec. 19-158 transferred to Sec. 19a-307 in 1983; P.A. 18-87 replaced “ten years” with “one year” re charges due and unpaid, replaced “a year” with “six months” re notice information, deleted provision re space reserved for surviving spouse, and deleted “a week for three consecutive weeks,” re notice in newspaper, effective July 1, 2018, and applicable to contracts entered into on and after said date.
See Sec. 19a-314 re penalty for violation of this section.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-308. (Formerly Sec. 19-159). - Care of neglected cemeteries. Civil and criminal liability for undertaking care and maintenance.

(a) In any town in which there is a burial ground or cemetery containing more than six places of interment that has been neglected and allowed to grow up to weeds, briars and bushes, or about which the fences have become broken, decayed or dilapidated, the selectmen of such town may cause such burial ground or cemetery to be cleared of weeds, briars and bushes, may mow the ground's lawn areas and may cause its fences or walls to be repaired and kept in orderly and decent condition and its memorial stones to be straightened, repaired and restored.
(b) No municipality or employee, officer or agent of a municipality shall be civilly or criminally liable for undertaking the care and maintenance of a burial ground or cemetery, as described in subsection (a) of this section.
(1949 Rev., S. 4719; P.A. 14-217, S. 204; P.A. 22-74, S. 6.)
History: Sec. 19-159 transferred to Sec. 19a-308 in 1983; P.A. 14-217 designated existing provisions as Subsec. (a) and amended same by deleting “annually”, adding provision re mowing lawn areas and making technical changes, and added Subsec. (b) re civil and criminal liability for undertaking care and maintenance; P.A. 22-74 amended Subsec. (a) by deleting “and not under the control or management of any currently functioning cemetery association,” and adding “, repaired and restored”, effective July 1, 2022.
Annotation to former section 19-159:
Cited. 168 C. 447.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-308b. - Neglected cemetery account.

(a) There is established an account to be known as the “neglected cemetery account” which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Office of Policy and Management for the purposes of municipal maintenance of neglected burial grounds and cemeteries, as described in section 19a-308.
(b) Each municipality may apply for moneys in the account established pursuant to this section on a form and in such manner as prescribed by the Secretary of the Office of Policy and Management.
(P.A. 14-217, S. 205.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-309. (Formerly Sec. 19-160). - Headstones at soldiers' graves.

No cemetery association shall make or enforce any bylaw, order or regulation prohibiting the erection of any tombstone or headstone, provided by the state or otherwise, at the grave of any soldier, sailor or marine buried in such cemetery. Each association or officer thereof who violates any provision of this section shall be fined fifty dollars.
(1949 Rev., S. 4720.)
History: Sec. 19-160 transferred to Sec. 19a-309 in 1983.
See Sec. 19a-297 re authority of selectmen, cemetery associations or ecclesiastical societies to enact bylaws for management and care of burial lots.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-311. (Formerly Sec. 19-162). - Inspection. Burial prohibited until certificate obtained.

Such structure shall be erected under the supervision of an inspector to be appointed by the Department of Public Health, which shall determine the amount of his compensation, such compensation to be paid by the person erecting the same. No vault, crypt, niche, mausoleum, columbarium or structure, and no addition or alteration thereof, shall be used for the purpose of interring therein any body until the person, firm or corporation operating such structure has obtained from said department a certificate, signed by the Commissioner of Public Health, certifying that the plans and specifications filed pursuant to the provisions of section 19a-310 have been complied with, and that the requirements for a maintenance fund provided for in subsection (a) of section 19a-312 have been complied with, which certificate shall be filed in the office of the town clerk of the town wherein the community mausoleum is located, provided a columbarium which is used solely as a repository for the remains, after cremation of deceased persons and is located on the premises of any religious society or corporation shall not be subject to the provisions of this section.
(1949 Rev., S. 4707; 1971, P.A. 34, S. 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-180, S. 59, 166; P.A. 19-57, S. 3.)
History: 1971 act excluded columbarium used solely for cremated remains and located on premises of religious society or corporation from provisions of section; P.A. 77-614 replaced department and commissioner of health with department and commissioner of health services, effective January 1, 1979; Sec. 19-162 transferred to Sec. 19a-311 in 1983; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-180 made a technical change, effective June 3, 1996; P.A. 19-57 replaced reference to Sec. 19a-312(b) with reference to Sec. 19a-312(a).
See Sec. 19a-314 re penalty for violation of this section.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-312. (Formerly Sec. 19-163). - Mausoleums and columbariums. Maintenance. Court order re removal of body for interment. Public nuisance.

(a) There shall be established and maintained a fund for the perpetual care and maintenance of each mausoleum and columbarium, by applying in the case of a mausoleum not less than the sum of one hundred dollars from the proceeds received from the sale of each crypt and ten per cent of the proceeds received from the sale of each room; and in case of niches in a mausoleum or columbarium, used as a repository for the remains of deceased persons after cremation, a sum which shall be equivalent to ten per cent of the sale price of each niche. If sales of crypts or rooms in any such mausoleum, or sales of niches in any such mausoleum or columbarium, are made upon a partial payment plan, there shall be set apart and applied to said maintenance fund from each such payment such proportion thereof as the number of partial payments bears to the total amount of the sum required to be set aside for such fund.
(b) When any mausoleum, vault, crypt or structure containing one or more deceased human bodies, in the opinion of the Department of Public Health, becomes a menace to public health, and the owner or owners thereof fail to remedy or remove the same to the satisfaction of said department, any court of competent jurisdiction may order the person, firm or corporation owning such structure to remove the deceased body or bodies for interment in some suitable cemetery at the expense of the person, firm or corporation owning such mausoleum, vault or crypt. If no such person, firm or corporation can be found in the county where such mausoleum, vault or crypt is located, such removal and interment shall be at the expense of the cemetery, city or town within which such mausoleum, vault or crypt is located, or of the cemetery association in charge of any such cemetery.
(c) Any cemetery or mausoleum maintained or constructed contrary to the provisions of this chapter shall be deemed a public nuisance and may be enjoined in an action brought by any taxpayer of this state.
(1949 Rev., S. 4708; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 19-57, S. 2.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-163 transferred to Sec. 19a-312 in 1983; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 19-57 deleted former Subsec. (a) re sale of crypt, room in mausoleum or niche in columbarium, redesignated existing Subsecs. (b) to (d) as Subsecs. (a) to (c) and made a technical change, effective July 1, 2019.
See Sec. 19a-314 re penalty for violation of this section.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-313. (Formerly Sec. 19-161a). - Burials above ground restricted.

No person shall be buried, interred or entombed in any burying ground, or in any vault, niche, crypt, columbarium, mausoleum or structure wholly or partially above the surface of the ground, unless such burying ground or structure is located within the confines of an established cemetery which is owned, managed or controlled by a municipality, ecclesiastical society, cemetery association or corporation, as provided in this chapter, or a private burying ground or structure approved by the Department of Public Health.
(P.A. 75-138; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-161a transferred to Sec. 19a-313 in 1983; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-314. (Formerly Sec. 19-164). - Penalty.

Any officer, manager or agent of any corporation or association, or any other person, who violates any provision of section 19a-296, 19a-307, 19a-310, 19a-311 or 19a-312 shall be fined not more than five hundred dollars or imprisoned not more than six months or both; but no provision of said sections shall prohibit or apply to the construction of temporary receiving vaults.
(1949 Rev., S. 4709.)
History: Sec. 19-164 transferred to Sec. 19a-314 in 1983.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-314a. - Disclosure of dispute resolution procedure relating to the sale of any item or service by a town, ecclesiastical society or cemetery association which owns, manages or controls a cemetery. “Cemetery” defined.

(a) As used in this section, “cemetery” means any place performing interments on or after October 1, 1995.
(b) Each town, ecclesiastical society or cemetery association which owns, manages or controls a cemetery shall disclose to each consumer, in writing at the time of the sale of any item or service, any dispute resolution procedure of such town, ecclesiastical society or cemetery association. The written disclosure shall also indicate that the consumer may contact the Department of Public Health or local public health director if the consumer has any complaints which concern violations of sections 7-64 to 7-71, inclusive, 19a-310 and 19a-311.
(P.A. 95-184, S. 1, 2; 95-257, S. 12, 21, 58; P.A. 01-195, S. 140, 181; P.A. 09-232, S. 24.)
History: P.A. 95-257 authorized substitution of Commissioner and Department of Public Health for Commissioner and Department of Public Health and Addiction Services, effective July 1, 1995; P.A. 01-195 made technical changes in Subsecs. (a) and (b), effective July 11, 2001; P.A. 09-232 amended Subsec. (b) by replacing reference to Sec. 7-72 with reference to Sec. 7-71.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-315. - “Ancient burial place”, “burial ground authority” and “grave marker” defined.

For purposes of sections 19a-315 to 19a-315c, inclusive:
(1) “Ancient burial place” means any tract of land within any municipality which has been used or has been in existence as a burial ground for more than one hundred years;
(2) “Burial ground authority” means the town, ecclesiastical society or cemetery association, as the case may be; and
(3) “Grave marker” means any of the following when used to mark graves in an ancient burial place, cemetery or burial ground: Tombs, monuments, gravestones, or fragments thereof and fences or curbing which enclose individual or family burial plots.
(P.A. 84-280, S. 1; P.A. 85-319, S. 1.)
History: P.A. 85-319 included the definition of “grave marker” and applied the definitions to Sec. 19a-315c.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-315a. - Use of ancient burial place.

No municipality shall alienate or appropriate any ancient burial place to any use other than that of a burial ground. No portion of any ancient burial place shall be taken for public use without the approval of the General Assembly. If any ancient burial place is appropriated for any other use and the bodies buried therein or the grave markers marking the same are removed, the burial ground authority shall preserve a record of such removal indicating the date of such removal and the site or place to which such removal was made.
(P.A. 84-280, S. 2; P.A. 85-319, S. 2.)
History: P.A. 85-319 inserted “grave marker” in place of “monuments, gravestones or other memorials”.
See Sec. 53a-218 re penalty for interference with cemetery or burial ground.
See Sec. 53a-219 re penalty for unlawful possession or sale of gravestones.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-315b. - Protection of grave markers.

No grave marker within any cemetery or burial place shall be destroyed, injured or removed except in accordance with the provisions of either this section or section 19a-315c. Any such grave marker may be removed for the purpose of reproduction, preservation or display in an accredited museum upon (1) (A) the consent of the owner of the burial rights for the lot in which such grave marker is placed or the consent of a lineal descendant of the deceased, whose qualifications for giving such consent shall be determined by the burial ground authority, or (B) if such owner or qualified lineal descendant is unknown or does not respond within thirty days to a request for consent sent by registered or certified mail to such person's last-known address, with the consent of the burial ground authority, and (2) the order of the probate court for the district in which such burial lot is located. Upon written application of such consenting owner, qualified lineal descendant or burial ground authority, the probate court may, after a hearing, with notice of such hearing having been given to the burial ground authority, the owner, the qualified lineal descendant, the Department of Economic and Community Development and otherwise as the court deems appropriate, order the removal of such grave marker if it finds that such removal is necessary or desirable for the protection and preservation of such grave marker.
(P.A. 84-280, S. 3; P.A. 85-319, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30; P.A. 11-48, S. 165.)
History: P.A. 85-319 made numerous changes concerning giving of consent and removed provisions concerning subjects covered by Sec. 19a-315c; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 11-48 replaced “Connecticut Commission on Culture and Tourism” with “Department of Economic and Community Development”, effective July 1, 2011.
See Sec. 53a-218 re penalty for interference with cemetery or burial ground.
See Sec. 53a-219 re penalty for unlawful possession or sale of gravestones.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368j - Cemeteries › Section 19a-315d. - Places and manner of burial. Exceptions. Penalty.

(a) No person shall bury the body of any deceased person less than three hundred fifty feet from any residential dwelling unless a public highway intervenes between such place of burial and such dwelling, or unless such body is encased in a burial vault made of concrete or other impermeable material, except (1) in a cemetery established on or before November 1, 1911, (2) in a cemetery that, when established, was more than three hundred fifty feet from any dwelling house, or (3) with the written approval of the Commissioner of Public Health, in a plot of land adjacent to a cemetery, as described in subdivision (1) or (2) of this subsection that has been made a part of either cemetery. Such written approval shall contain a detailed description of the land adjacent to the cemetery and shall be recorded in the land records of the town in which the cemetery is located.
(b) No person shall bury the body of any deceased person in such a manner that the top of the outside container within which such body is placed is less than two and one-half feet below the surface of the ground, except if such container is made of concrete or other impermeable material, the top of such container shall not be less than one and one-half feet below the surface.
(c) Any person who violates the provisions of this section shall be fined not more than one hundred dollars for each day such person is in violation of the provisions of this section.
(P.A. 14-231, S. 6.)
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368k - Crematories › Section 19a-321. (Formerly Sec. 19-166). - Crematories at public institutions.

Any public institution in this state may erect and maintain a crematory for the incineration after death of the bodies of those connected with the institution officially or as inmates, and such others as may be deemed advisable by the administrative head of such institution. Such crematories shall be erected, maintained and conducted in accordance with the provisions of this chapter, and all crematories shall be made subject to the restrictions herein provided. No body shall be cremated in any such crematory if the body is claimed and removed, within seven days after receipt of notice, by relatives or interested friends or by the authorities of the town responsible for the burial of such person, but any body may be cremated with the consent of such relatives, friends or town authorities.
(1949 Rev., S. 4724; 1953, S. 2362d.)
History: Sec. 19-166 transferred to Sec. 19a-321 in 1983.
See Sec. 19a-270 re use of bodies for anatomical purposes.
See Sec. 19a-282 re circumstances under which delivery of bodies is prohibited.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368k - Crematories › Section 19a-322. (Formerly Sec. 19-167). - Records and certificates.

The managers of each crematory shall keep books of record, which shall be open at reasonable times for inspection, in which shall be entered the name, age, sex and residence of each person whose body is cremated, together with the authority for such cremation and the disposition of the ashes. The owner or superintendent shall complete the cremation permit required by section 19a-323, retain a copy for record and immediately forward the original permit to the registrar of the town in which the death occurred. The registrar shall keep the cremation permit on file and record it with other vital statistics. When any body is removed from this state for the purpose of cremation, the person having the legal custody and control of such body shall cause a certificate to be procured from the person in charge of the crematory in which such body is incinerated, stating the facts called for in this section, and cause such certificate to be filed for record with the registrar of the town in which the death occurred. Each crematory shall retain on its premises, for not less than three years after final disposition of cremated remains, books of record, copies of cremation permits, cremation authorization documentation and documentation of receipt of cremated remains.
(1949 Rev., S. 4725; P.A. 04-255, S. 19; P.A. 07-252, S. 11.)
History: Sec. 19-167 transferred to Sec. 19a-322 in 1983; P.A. 04-255 required owner or superintendent to complete cremation permit and forward it to registrar, required registrar to keep such permit on file and changed place of filing cremation certificate from registrar issuing permit to registrar of town in which death occurred; P.A. 07-252 established a three-year record retention requirement for crematories.
2023 Connecticut General Statutes › Title 19a - Public Health and Well-Being › Chapter 368k - Crematories › Section 19a-324. (Formerly Sec. 19-169). - Penalty.

Any person who makes any false statement in procuring any permit required by chapter 93 or by this chapter, or who removes any body from this state for the purpose of cremation upon an ordinary removal permit, or who violates any provision of this chapter, shall be guilty of a class D felony.
(1949 Rev., S. 4727; P.A. 13-258, S. 69.)
History: Sec. 19-169 transferred to Sec. 19a-324 in 1983; P.A. 13-258 changed penalty from fine of not more than $500 or imprisonment of not more than 5 years to a class D felony.