reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:466. Annual report of cemetery authority; contents; fees

RS 8:466 - Annual report of cemetery authority; contents; fees
A. Each cemetery authority that has sold interment space subject to endowment or perpetual care, including those cemetery authorities organized before and after August 1, 1962, shall file with the board annually, on or before the thirtieth day of June, a written report on a form prescribed by the board setting forth all of the following:
(1) The number of contracts written in the reporting period for the sale of interment spaces or interment rights.
(2) The amount of gross sales or receipts from contracts of sales of all interment spaces or interment rights and the amount of any discounts.
(3) The amount of gross sales or receipts from perpetual care contracts, if any, sold separately from interment spaces or interment rights.
(4) The fair market value of interment spaces or interment rights provided without charge.
(5) The amount of deposits due the endowment or perpetual care trust fund for the reporting period and the dates the funds were deposited with the trustee.
B. The report shall be verified by the president or vice president and one other officer of the cemetery authority and shall be certified by the accountant or auditor preparing the same.
C. The cemetery authority shall pay to the board a report filing fee of not more than five dollars for each contract subject to endowment or perpetual care entered into in the annual report period, as specified in Subsection A of this Section. Report filing fees shall be due and payable at the time of filing the report and shall be used to cover the board's reasonable and ordinary expenses. Failure to pay report filing fees within six months after the close of the business year shall result in a late charge assessed by the board to the cemetery authority in the amount of one hundred dollars.
Acts 1974, No. 417, §1; Acts 2015, No. 222, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:467. Examination of reports

RS 8:467 - Examination of reports
The board shall examine the reports filed with it as to their compliance with the requirements of the law. Any formal hearing, court proceeding, or other cause of action against a cemetery authority or trustee based on any report filed by it shall be commenced within the limitations of R.S. 37:21.
Acts 1974, No. 417, §1; Acts 2023, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:501. Application

RS 8:501 - Application
A. Except as provided in this Chapter, no person or legal entity, including a cemetery authority, shall, directly or indirectly, enter into a contract for the sale of personal property or services which may be used in a cemetery in connection with the disposing or commemorating of the memory of a deceased human being, if delivery of such personal property or performance of such services is to be made more than one hundred twenty days after entering into such contract, except as provided in R.S. 8:502(A), 502.1, and 502.2.
B. The provisions of this Chapter shall apply to but not be limited to the sale of burial vaults, grave liners, urns, memorials, vases, foundations, memorial bases, and similar merchandise and related services commonly sold or used in cemeteries, including interment fees. However, the provisions of this Chapter shall not apply to cemetery spaces or the right of use or interment in any cemetery space.
Acts 1974, No. 417, §1; Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:502.1. Determination of personal property delivery

RS 8:502.1 - Determination of personal property delivery
Personal property shall be delivered within the meaning of R.S. 8:501 when any of the following occur:
(1) Actual delivery of the personal property is made to the contract beneficiary.
(2) Delivery of the personal property is made to the cemetery authority or other entity for the contract beneficiary and the personal property is permanently affixed to real property or a mausoleum.
(3) Delivery of the personal property is made to the cemetery authority or other entity for the contract beneficiary with the storage provided by the cemetery authority or other entity, and the cemetery authority or other entity:
(a) Maintains and submits to the board, not less than annually, a merchandise inventory log of all personal property in storage at the date of such report, including a detailed description of all such personal property with the name of the contract beneficiary.
(b) Submits evidence that all stored personal property is insured against casualty, theft, and any loss normally assumed by a compensated depositary or bailee for hire.
(c) Permits the board or its designee, at any time, to examine all stored personal property and examine any documents pertaining thereto.
(4) The cemetery authority or other entity has paid its supplier for pre-need personal property, and the supplier has caused such personal property to be manufactured and stored and has caused title to such personal property to be transferred to the contract beneficiary, and has agreed to ship such personal property upon his request or the request of the cemetery authority or other entity.
Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:502.2. Suppliers

RS 8:502.2 - Suppliers
No person, firm, or corporation shall be considered a supplier for purposes of R.S. 8:502.1 unless it does all of the following:
(1) Permanently and unalterably identifies all such personal property with the name of the contract beneficiary.
(2) Submits to the board not less than annually a report of all personal property which has been purchased through a Louisiana cemetery authority or other entity and which at the date of such report was then in storage.
(3) Permits the board or its designee, at any time, to examine stored personal property which was purchased through a Louisiana cemetery authority or other entity and to examine any document pertaining thereto.
(4) Submits evidence of a bond insuring the existing and good title of any personal property due any contract beneficiary purchased through a Louisiana cemetery authority or other entity.
(5) Submits evidence insuring that all personal property purchased through a Louisiana cemetery authority or other entity and being stored by the supplier is insured for casualty, theft, or other loss normally assumed by a compensated depositary or bailee for hire.
Acts 1997, No. 921, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:502.3. Trust fund exempt from seizure

RS 8:502.3 - Trust fund exempt from seizure
Except as otherwise provided in this Chapter, the principal of the trust fund and all income therefrom shall be exempt from seizure, under any writ, mandate, or process whatsoever, by the creditors of the beneficiaries, the trustee, the cemetery authority, or any person or other entity providing cemetery merchandise or services for which the trust fund was created.
Acts 2010, No. 18, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:504. Payments to purchaser; change of domicile

RS 8:504 - Payments to purchaser; change of domicile
If after final payment a purchaser moves his domicile to a point that makes delivery of the personal property or services impossible or impractical, the trustee shall refund to the purchaser the principal amount of money on deposit to the credit of that particular contract, less the income earned, which shall be paid to the seller.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:505. Annual reports by trustee; final accounting by trustee required

RS 8:505 - Annual reports by trustee; final accounting by trustee required
A. Annually, a trustee, within ninety days after the close of a cemetery authority's business year, shall file with the board a financial report of the merchandise trust fund, setting forth the principal thereof, the investments and payments made, and the income earned and disbursed. The board may require the trustee to make such additional financial reports as it deems reasonably advisable.
B. Within sixty days of the resignation of a trustee and transfer of the trust fund to the successor trustee, the resigning trustee shall file with the board a financial report of the merchandise trust fund, setting forth the principal thereof, the investments and payments made, and the income earned and disbursed from the last reporting period through the date of resignation and transfer of the trust fund to the successor trustee.
C. For purposes of this Chapter, the business year is any consecutive twelve-month period determined by the cemetery authority as designated in the report. The cemetery authority may change its business year by filing the report for a period less than twelve months. The board shall be notified of such change within thirty days of the effective date of the change.
Acts 1997, No. 921, §1; Acts 2014, No. 88, §1; Acts 2022, No. 574, §1; Acts 2023, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:505.1. Annual report by cemeteries or other entities; report filing fee

RS 8:505.1 - Annual report by cemeteries or other entities; report filing fee
A. Each cemetery authority or other entity subject to the provisions of this Chapter shall file with the board, no later than six months after the close of the business year, a report setting forth the number of contracts written in the reporting period for the sale of personal property or services for future delivery subject to the provisions of R.S. 8:502 and 502.1(3) and (4), the gross sales, and gross receipts from sales of personal property or services for future delivery upon which deposits were made with the trustee pursuant to R.S. 8:502, and a merchandise inventory log detailing all personal property stored pursuant to R.S. 8:502.1(3), along with evidence that all stored personal property is insured against casualty, theft, and any loss normally assumed by a compensated depositary or bailee for hire.
B. For each contract entered into in the reporting period and subject to the provisions of R.S. 8:502 and 502.1(3) and (4), the cemetery authority or other entity shall pay a report filing fee of not more than ten dollars per contract to cover the cost of the board's reasonable and ordinary expenses. Report filing fees shall be due and payable at the time of the filing of the report. Failure to pay the report filing fees within six months after the closure of the business year will result in a late fee of one hundred dollars.
Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:505.2. Resignation of trustee; orderly transfer of trust fund

RS 8:505.2 - Resignation of trustee; orderly transfer of trust fund
Whenever a trustee resigns, all of the following documentation shall be filed with the board to ensure an orderly transfer of the trust fund from the resigning trustee to the successor trustee:
(1) A written statement from the cemetery authority or other entity to the present trustee, requesting it resign as trustee of the trust fund, if the trust agreement permits or a written statement from the cemetery authority or other entity accepting the resigning trustee's resignation.
(2) A written statement from the present trustee stating it will resign as trustee of the trust fund; or a written statement from the present trustee advising it wishes to resign as trustee of the trust fund, if the trust agreement permits.
(3) A written statement from the successor trustee, qualified in accordance with R.S. 8:454(B), accepting the trust fund.
(4) A final accounting from the resigning trustee and a copy of the transmittal letter forwarding the assets of the trust fund to the successor trustee.
(5) A written statement from the successor trustee acknowledging receipt of the assets of the trust fund. A list of the assets should be contained in the statement.
Acts 1997, No. 921, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:506. Examination by board; expenses

RS 8:506 - Examination by board; expenses
A. The board may examine the relevant business books and records identified in Subsection C of this Section of any cemetery authority or other entity that is engaged in making contracts for the sale of personal property or services as contemplated in this Chapter at the following time or times:
(1) Once every three years.
(2) Whenever the board determines there is a good cause to believe that a violation of this Chapter has occurred.
(3) Whenever the cemetery authority, other entity, or trustee in charge of merchandise trust funds fails to file the reports required by this Chapter.
(4) Whenever the board is requested by verified petition signed by twenty-five individuals purchasing personal property or services alleging that the cemetery authority or other entity is not in compliance with this Chapter, in which case the examination shall be at the expense of the petitioners.
B. The expense of the examination as provided in this Section shall not exceed two hundred fifty dollars per day for each examiner engaged in the examination, but when the examination requires more than two days, the cost shall be paid by the cemetery authority or other entity in an amount not to exceed a total of five hundred dollars, unless irregularities are found, in which case the cemetery authority or other entity shall pay the full cost of the examination.
C. In making such examination, the board shall:
(1)(a) Have reasonable access to the books and records relating to the merchandise trust funds, their collection and investment, and individual contracts for the sale of personal property or services as described in this Chapter.
(b) Make the books and records available for examination in the principal office of the cemetery authority, other entity, or trustee located within the state of Louisiana.
(2) Inspect and examine the merchandise trust funds to determine their condition and the existence of the investments.
(3) Ascertain if the cemetery authority or other entity has complied with all laws applicable to merchandise trust funds.
D. Any requests for access to books and records which the trustee, cemetery authority, or other entity objects to as being unreasonable, irrelevant, arbitrary, or capricious shall be produced only after the objections are ruled upon by the board after notice and hearing.
Acts 1974, No. 417, §1; Acts 1997, No. 921, §1; Acts 2012, No. 98, §1, eff. Jan. 1, 2013; Acts 2015, No. 222, §1; Acts 2022, No. 574, §1; Acts 2023, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:506.1. Failure to make required deposits; action

RS 8:506.1 - Failure to make required deposits; action
A. If any report filed with, or any examination made by, the board shows that the minimum amounts required have not been collected and deposited in the merchandise trust fund, the board shall require the cemetery authority, or other legal entity required to establish a merchandise trust fund, to immediately comply with the requirements of this Title.
B.(1) Upon failure of the cemetery authority, or other legal entity, to comply, the board shall have the authority to institute legal proceedings in the district court, in the parish in which the cemetery is physically located for the purpose of recovering the amounts necessary to satisfy the deficiencies in the merchandise trust fund.
(2) The board may, in addition to the recovery mentioned in Paragraph (1) of this Subsection, recover any and all reasonable costs, fees, and expenses, including but not limited to all examinations, audits, accountant and attorney's fees, administrative proceedings and hearings, and any other costs incurred in the enforcement of the provisions of this Title, and any other provisions of law notwithstanding.
(3) Notwithstanding any other provisions of law, if the board fails to prove that the cemetery authority or other responsible party is not in compliance with the requirements of this Section, then the board shall not recover any costs, fees, or any expenses incurred by it and shall be responsible for paying all reasonable costs, fees, or expenses incurred by the cemetery authority or responsible party who was accused of not being in compliance.
Acts 1991, No. 430, §2; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:507. Nonwaiver of provisions of Chapter

RS 8:507 - Nonwaiver of provisions of Chapter
Any provision of any contract for the sale of personal property or the performance of services contemplated in this Chapter which waives any of the provisions of this Chapter shall be void.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:508. Penalties

RS 8:508 - Penalties
Any cemetery authority or other entity, as defined in this Chapter, failing to make the required deposits to the trust fund or otherwise violating the provisions of this Chapter shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred dollars or more than one thousand dollars, or by imprisonment of not less than thirty days nor more than one year, or both, and each violation of this Chapter shall constitute a separate offense.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:509. Trustee's duty of care

RS 8:509 - Trustee's duty of care
The trust shall be administered in conformity with R.S. 8:465 with respect to the nature and character of the trust investments and the duties of the trustee.
Acts 1974, No. 417, §1. Amended by Acts 1980, No. 428, §1; Acts 2004, No. 67, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:510. Exceptions; trust fund transfers

RS 8:510 - Exceptions; trust fund transfers
A. The provisions of this Chapter shall not apply to any family burial ground or a religious, fraternal, municipal, state, or federal cemetery, except as otherwise provided in R.S. 8:510(B).
B.(1) Whenever the ownership or management of a cemetery authority or other entity which has created a merchandise trust fund pursuant to the provisions of this Chapter is transferred and by virtue of such transfer becomes a family burial ground or a religious, fraternal, municipal, state, or federal cemetery, the existing merchandise trust fund shall be used only for those purposes set forth in the merchandise trust agreement, or as otherwise permitted by law.
(2) The trustee of any such fund shall be a federally insured financial institution or trust company located in Louisiana and authorized to exercise trust or fiduciary powers under the laws of Louisiana or the United States.
(3) The trust shall be administered in conformity with R.S. 8:465 with respect to the nature and character of the trust investments and the duties of the trustee.
(4) No further contributions shall be required except for payments on those contracts in existence at the time of such transfer.
(5) The provisions of R.S. 8:503, 504, 505, and 509 shall apply to the use and administration of such funds.
Acts 1986, No. 113, §1; Acts 2004, No. 67, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:511. Nonretroactive effect

RS 8:511 - Nonretroactive effect
Notwithstanding any other provision of the law to the contrary, the provisions of this Chapter shall apply only to contracts that are entered into subsequent to July 31, 1974.
Acts 1986, No. 113, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:512. Examination of reports

RS 8:512 - Examination of reports
The board shall examine the reports filed with it as to their compliance with the requirements of the law. Any formal hearing, court proceeding, or other cause of action against a cemetery authority or trustee based on any report filed by it shall be commenced within the limitations of R.S. 37:21.
Acts 2023, No. 381, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:601. Application of Chapter

RS 8:601 - Application of Chapter
This Chapter applies to all structures, including but not limited to mausoleums, tombs, columbariums, niches, lawn crypts, and underground crypts used, intended to be used, or converted or altered for use for the interment of the remains of two or more persons, whether erected under, above, or partially below the surface of the earth.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:602. Standards of construction

RS 8:602 - Standards of construction
No structure shall be built or altered for use or to be used for interment purposes unless constructed of such material and workmanship as will insure its durability and permanence. The cemetery authority shall have the right to establish and enforce standards of construction for all work done in the cemetery.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:603. Ordinances and specifications to be complied with

RS 8:603 - Ordinances and specifications to be complied with
Each structure shall comply with the ordinances, specifications, and building codes relating to mausoleums and related structures of the state and of the parish and municipality in which the structure is located.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:604. Improper construction a nuisance; penalty

RS 8:604 - Improper construction a nuisance; penalty
Every owner or builder of a structure erected or converted in violation of this Title shall be guilty of maintaining a public nuisance and, upon conviction, shall be punishable by a fine of not less than five hundred dollars nor more than five thousand dollars or by imprisonment for not less than one month nor more than six months, or both.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:605. Construction in compliance with existing laws

RS 8:605 - Construction in compliance with existing laws
The penalties of this Chapter shall not apply to any structure that is in existence on July 31, 1974, which at the time of construction was constructed in compliance with the laws then existing, provided its continued use is not in violation of the laws for the protection of the public health.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:606. Commencement and completion requirements; application form; application fee

RS 8:606 - Commencement and completion requirements; application form; application fee
A.(1) Prior to the first sale of a cemetery space or the right of use or interment in any cemetery space in a structure which has not yet been constructed, the cemetery authority shall submit to the board all of the following:
(a) A copy of the preliminary plans.
(b) A map or plat delineating the sections, blocks, plots, avenues, walks, halls, rooms, corridors, elevations, or other subdivisions, with descriptive name or numbers.
(c) A copy of all sales promotion material.
(d) A copy of the pre-construction sales contract.
(2) The cemetery authority shall submit the information required in this Subsection on an application form prescribed by the board, accompanied by an application fee of two hundred fifty dollars to cover the board's reasonable and ordinary expenses associated with determining compliance with applicable provisions of this Title.
B. A cemetery authority shall be required to commence construction pursuant to the plans filed with the board within forty-eight months after the date of the first sale of each section of the structure in which sales, contracts for sales, or reservations for sales are being made, and the construction of each such section shall be completed within five years after the date of the first sale. However, extensions not to exceed one year may be granted by the board for reasonable cause. Further extensions may be granted pursuant to Subsection C of this Section. If the structure is not completed within the time specified in this Subsection, all monies paid plus any monetary penalties assessed by the board shall be paid to the purchasers, unless the cemetery authority delivers a completed interment space acceptable to the purchaser in lieu of the interment space purchased.
C. The board, at its discretion, may grant an extension to the time period set forth in Subsection B of this Section based upon the occurrence of a force majeure event. Such an extension shall be granted only for reasonable cause. Each force majeure event shall be treated as a separate incident.
D. Failure to commence or complete a section within the time herein required shall be a misdemeanor punishable by fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment of not less than thirty days nor more than one year, or both.
Acts 1974, No. 417, §1; Acts 1999, No. 1199, §1; Acts 2004, No. 66, §1; Acts 2010, No. 63, §1; Acts 2015, No. 222, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:651. Interring or cremating

RS 8:651 - Interring or cremating
Except in cases of lawful dissection or where a dead body shall rightfully be carried through or removed from the state for the purposes of interment or cremation elsewhere, every dead body of a human being lying within this state, and the remains of any dissected body, after dissection, shall be decently interred or cremated within a reasonable time after death.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:652. Unlawful disposal of remains

RS 8:652 - Unlawful disposal of remains
A. Except in the case of cremated remains or as otherwise provided by law, it shall be unlawful for any person to dispose of any human remains, except fetal remains, without first obtaining certification of the cause of death by the treating physician, parish coroner, or the authorized representative of the parish coroner. Disposal of such remains shall not be in any place other than a cemetery or a building dedicated exclusively for such purposes, and the remains shall be decently interred within a reasonable time after death.
B. Whoever violates this Section shall be punished by imprisonment for not more than three years, with or without hard labor, or by a fine of not more than one thousand dollars, or both.
Acts 1991, No. 195, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:653. Opening graves; stealing body; receiving same

RS 8:653 - Opening graves; stealing body; receiving same
A. Every person who removes the dead body of a human being or any part thereof from a cemetery space where the same has been interred or is awaiting interment or cremation, without authority of law, with intent to sell the same, or for the purposes of securing a reward for its return, or for dissection, or from malice or wantonness, shall be punished by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both.
B. Whoever purchases or receives, except for interment or cremation, any such dead body or any part thereof, knowing that the same has been removed in violation of this Section, shall be punished by imprisonment for not more than three years or by a fine of not more than one thousand dollars, or both.
C. Whoever opens a cemetery space, temporary or otherwise, or a building where a dead body is deposited while awaiting interment or cremation, with intent to remove said body or any part thereof, for the purpose of selling or demanding money or any other thing of value for the same, for dissection, from malice or wantonness, or with intent to sell or remove the coffin or of any part thereof, or anything attached thereto, or any vestment or other article interred or intended to be interred with the body, shall be punishable by imprisonment for not more than three years or by a fine of not more than one thousand dollars, or both.
Acts 1974, No. 417, §1; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:654. Mutilating, disinterring human remains; penalty

RS 8:654 - Mutilating, disinterring human remains; penalty
Whoever mutilates any human remains without authority of law shall be punished by imprisonment for not more than three years or by a fine of not more than one thousand dollars, or both.
Acts 1974, No. 417, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:656. Effect of authorization

RS 8:656 - Effect of authorization
Any person signing any authorization for the interment of any remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose remains are sought to be interred, and his authority to order the interment. Such person shall be personally liable for all damage occasioned by or resulting from breach of such warranty.
Acts 1974, No. 417, §1; Acts 2003, No. 1243, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:657. Right to rely on such authorization

RS 8:657 - Right to rely on such authorization
The cemetery authority may inter any remains upon the receipt of a written authorization of a person representing himself to be the person who has the prior right to control the disposition of the remains in accordance with R.S. 8:655. A cemetery authority shall not be liable for interring pursuant to such authorization, unless it has actual notice that such representation is untrue.
Acts 1974, No. 417, §1; Acts 2003, No. 1243, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:658. Liability for damages; limitation

RS 8:658 - Liability for damages; limitation
No action shall lie against any cemetery authority relating to the remains of any person which have been left in its possession for a period of sixty days, unless a written contract has been entered into with the cemetery authority for the care of such remains.
Acts 1974, No. 417, §1; Acts 2003, No. 1243, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:659. Permission to move remains

RS 8:659 - Permission to move remains
A. The remains of a deceased person may be moved from a cemetery space to another cemetery space in the same cemetery or to another cemetery with the consent of the cemetery authority and the written consent of one of the following, in the order named, unless other specific directions, in the form of a notarial testament or a written and notarized declaration, have been given by the decedent:
(1) The surviving spouse, if there is no pending petition for divorce filed by either spouse prior to the death of the decedent spouse.
(2) A majority of the surviving adult children of the decedent.
(3) A majority of the surviving adult grandchildren of the decedent.
(4) The surviving parents of the decedent.
(5) A majority of the surviving adult siblings of the decedent.
B. If the required consent cannot be obtained, a final judgment of the district court of the parish where the cemetery is situated shall be required.
Acts 1990, No. 939, §1; Acts 1999, No. 1199, §1; Acts 2006, No. 609, §1; Acts 2018, No. 248, §1, eff. May 15, 2018.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:660. Exceptions

RS 8:660 - Exceptions
The foregoing Sections shall not apply to or prohibit the following:
(1) The rearrangement of remains within the same cemetery space by or with the consent of the cemetery authority for the purpose of rearrangement or reuse in cemeteries which allow for rearrangement or reuse as defined in R.S. 8:1(36.1).
(2) The removal of remains by a cemetery authority from a cemetery space for which the purchase price or any other legitimate indebtedness to the cemetery authority is past due and unpaid, to some other suitable place.
(3) The disinterment of remains pursuant to an order of a court of competent jurisdiction or of a coroner of the parish in which the cemetery is located.
(4) The removal and transfer of remains to correct an error as provided in R.S. 8:813 provided that written notice shall be sent to the immediate family prior to the removal and transfer.
(5) The moving, identification, and reinterment of caskets, coffins, vaults, other outer burial containers, remains, and associated burial artifacts, displaced by a force majeure event and undertaken by the cemetery authority or its designee or any authorized government entity or its designee following a municipal, parish, or state declaration of emergency.
Acts 1990, No. 939, §1; Acts 1999, No. 1199, §1; Acts 2018, No. 248, §1, eff. May 15, 2018.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:661. Undisposed remains; rules and regulations

RS 8:661 - Undisposed remains; rules and regulations
Whenever any human remains have been in the lawful possession of any cemetery authority for a period of sixty days or more, and the relatives of or persons interested in the deceased person fail, neglect, or refuse for such periods of time, respectively, to direct the disposition to be made of the body, the body may be disposed of by the cemetery authority having lawful possession thereof, under and in accordance with such rules and regulations, if any, as may be made and promulgated by the governmental authority or authorities having jurisdiction over the matter.
Acts 1974, No. 417, §1; Acts 2003, No. 1243, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:662. Record of remains to be kept

RS 8:662 - Record of remains to be kept
The cemetery authority in charge of any premises on which interments are made shall keep a record of all remains interred on the premises under its charge, in each case stating the name of each deceased person, date of interment, location of interment, and name of the funeral director or funeral home.
Acts 1974, No. 417, §1; Acts 2001, No. 468, §1; Acts 2003, No. 1243, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:672. Legislative declaration of intent

RS 8:672 - Legislative declaration of intent
The legislature finds that existing state laws do not provide for the adequate protection of unmarked burial sites and of human skeletal remains and burial artifacts in such sites. As a result, there is a real and growing threat to the safety and sanctity of unmarked burial sites, both from economic development of the land and from persons engaged for personal or financial gain in the mining of prehistoric and historic Indian, pioneer, and Civil War and other soldiers' burial sites. Therefore, there is an immediate need for legislation to protect the burial sites of these earlier residents of Louisiana from desecration and to enable the proper archaeological investigation and study when disturbance of a burial site is necessary or desirable. The legislature intends that this Chapter shall assure that all human burial sites shall be accorded equal treatment, protection, and respect for human dignity without reference to ethnic origins, cultural backgrounds, or religious affiliations.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:673. Definitions

RS 8:673 - Definitions
As used in this Chapter, the following terms have the following meanings unless the context clearly indicates otherwise:
(1) "Burial artifact" means any item of human manufacture or use that is in an unmarked burial site.
(2) "Disturb" includes excavating, removing, exposing, defacing, mutilating, destroying, molesting, or desecrating in any way any unmarked burial sites or any human skeletal remains, burial artifacts, or burial markers on or in an unmarked burial site without a permit.
(3) "Human skeletal remains" means any part of the body of a deceased human being in any stage of decomposition.
(4) "Secretary" means the secretary of the Department of Culture, Recreation and Tourism or the person designated by the secretary to administer the provisions of this Chapter.
(5) "Unmarked burial site" means the immediate area where one or more human skeletal remains are found in the ground that is not in a recognized and maintained municipal, fraternal, religious, or family cemetery, or a cemetery authorized by the Louisiana Cemetery Board.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:674. Exclusions

RS 8:674 - Exclusions
This Chapter shall not apply to the following:
(1) A cemetery operated under the authority and regulation of the Louisiana Cemetery Board, or any recognized and maintained municipal, fraternal, religious, or family cemetery.
(2) The use of land for purposes of farming, cattle raising, timber growing, and other similar surface uses that will not result in the disturbance of human skeletal remains through excavation or other activities.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:676. Powers and duties of the secretary

RS 8:676 - Powers and duties of the secretary
A. The secretary shall have the following powers and duties:
(1) To implement and to enforce this Chapter and the powers and duties assigned to the secretary by law.
(2) To adopt such rules and regulations as are necessary to implement and to enforce this Chapter and the powers and duties assigned to the secretary by law. All rules and regulations shall be adopted in accordance with the Administrative Procedure Act.
(3) To consult with all interested parties on occasions of disturbance of unmarked burial sites to determine a proper course of action.
(4) To institute civil proceedings seeking injunctive or other relief to restrain and to prevent violations of this Chapter or the laws or administrative rules administered or enforced by the secretary.
(5) To institute civil proceedings seeking restitution, payment of costs, or other monetary relief necessary to prevent, restore, or repair damage to unmarked burial sites, human skeletal remains, or burial artifacts from unmarked burial sites, or to retrieve human skeletal remains or burial artifacts removed in violation of this Chapter.
(6) To issue permits for the disinterment or scientific study of human skeletal remains and burial artifacts found in unmarked burial sites. The secretary may adopt rules and regulations to provide for the issuance of emergency permits by the state archaeologist.
(7) To charge a permit fee not to exceed one hundred dollars for each such permit. The monies collected from the issuance of permits, subject to applicable provisions of law, shall be used as provided for funds from civil damages in Subsection B of this Section.
(8) To issue permits for the special exhibition of human skeletal remains from unmarked burial sites if the secretary determines that the remains are of exceptional scientific or cultural significance.
(9) To issue permits for the use of human skeletal remains which have been legally obtained from unmarked burial sites and are intended strictly for teaching purposes at accredited institutions of higher learning, including but not limited to nonpublic display of human skeletal remains.
B. Civil damages, except for attorney fees, recovered by the secretary, subject to applicable provisions of law, shall be used by the secretary to implement and enforce this Chapter and to fund activities of the Department of Culture, Recreation and Tourism, division of archaeology, in regard to restoration and protection of burial sites, in accordance with regulations adopted by the secretary and other applicable laws. Attorney fees shall be paid to the Louisiana Department of Justice.
C. Provisional permits may be used by the Department of Culture, Recreation and Tourism, division of archaeology, until rules and regulations governing permitting are adopted.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A; Acts 2022, No. 574, §1.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:677. Revocation or suspension of permits

RS 8:677 - Revocation or suspension of permits
A. The secretary may revoke or suspend any permit issued under the provisions of this Chapter upon a determination that the holder of the permit has violated the provisions of this Chapter or the rules and regulations adopted pursuant thereto, or has failed to meet the professional or occupational standards determined by the secretary, or has failed to ensure that the personnel employed by the holder of the permit meet the professional or occupational standards determined by the secretary.
B. Permits may be revoked or suspended only by a ruling of the secretary based on an adjudicatory hearing held in accordance with the provisions of the Louisiana Administrative Procedure Act.
C. The secretary shall notify each person whose permit has been revoked or suspended, by certified mail, return receipt requested.
D. Each person whose permit has been revoked or suspended shall return the permit to the secretary within fifteen days of the date on which the notice of the revocation or suspension was received.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:678. Unlawful acts

RS 8:678 - Unlawful acts
A. It is unlawful for any person, entity, or group, to whom the secretary has not issued a permit, to knowingly:
(1) Disturb an unmarked burial site or any human skeletal remains or burial artifacts in an unmarked burial site.
(2) Buy, sell, barter, exchange, give, receive, possess, display, discard, or destroy human skeletal remains from an unmarked burial site or burial artifacts. However, any human skeletal remains or burial artifacts from an unmarked burial site which come into Louisiana from any foreign country or any other state or territory of the United States and are documented to have been obtained lawfully under the laws of the respective country, state, or territory may be given, received, studied, or displayed without violating this Chapter.
(a) Any human remains which were lawfully acquired prior to January 1, 1992, may remain in the possession of the current holder.
(b) Any burial artifacts which were lawfully acquired prior to January 1, 1992, may remain in the possession of and be displayed by the current holder.
(3) Allow any person, entity, or group access to an unmarked burial site, human skeletal remains, or burial artifacts for the purpose of disturbing them.
(4) Provide funds to or for any person, entity, or group for the purpose of disturbing any unmarked burial site, human skeletal remains, or burial artifacts.
B. Each violation of this Section shall be punishable upon conviction of a first offense by a fine of not more than five thousand dollars or imprisonment for not more than one year, or both. Upon conviction of a second or subsequent offense each violation shall be punishable by imprisonment for not more than two years or a fine of not more than ten thousand dollars, or both. Each disturbance of an unmarked burial site, human skeletal remains, or burial artifacts constitutes a separate offense.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:679. Civil remedies

RS 8:679 - Civil remedies
A. The secretary may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter or the laws or administrative rules administered or enforced by the secretary.
B. The secretary may also institute civil proceedings seeking civil damages from any person who knowingly violates any provision of R.S. 8:678. Civil damages shall include any or all of the following:
(1) Forfeiture of any and all equipment used in disturbing the unmarked burial site, human skeletal remains, or burial artifacts.
(2) Any and all costs incurred in cleaning, restoring, analyzing, accessioning, and curating the recovered human skeletal remains or burial artifacts.
(3) Any and all costs associated with protecting the unmarked burial site from further damage or in restoring the unmarked burial site to its original condition.
(4) Any and all costs associated with recovery of data, and analyzing, publishing, accessioning, and curating materials when the prohibited activity is so extensive as to preclude the restoration of the unmarked burial site.
(5) Any and all costs associated with the reinterment of the human skeletal remains.
(6) Any and all costs associated with determining and collecting the civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs.
C. The secretary may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the unmarked burial site, the human skeletal remains, or the burial artifacts are located.
D. The attorney general shall represent the secretary in all matters pertaining to the administration or enforcement of this Chapter, or both, except in those matters in which the secretary has employed special counsel. The secretary may employ and shall fix the compensation of such special counsel with the concurrence of the attorney general and in accordance with the laws and regulations regarding employment of special counsel.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A.
2023 Louisiana Laws › Revised Statutes › Title 8 - Cemeteries › §8:680. Discovery of unmarked burial sites, human skeletal remains, and burial artifacts

RS 8:680 - Discovery of unmarked burial sites, human skeletal remains, and burial artifacts
A. Any person who has reason to believe he has discovered an unmarked burial site or received human skeletal remains from an unmarked burial site shall notify the law enforcement agency of the jurisdiction where the site or remains are located within twenty-four hours of discovery. Any person who has reason to believe he has discovered or received burial artifacts shall notify the secretary through the Department of Culture, Recreation and Tourism, division of archaeology, within seventy-two hours of the discovery. Failure to give notice as required is a misdemeanor punishable by a fine of not less than one hundred dollars nor more than one thousand dollars.
B. Any activity that may disturb the unmarked burial site, human skeletal remains, or burial artifacts associated with the site shall immediately cease on discovery. No activity which will disturb the unmarked burial site shall resume until the secretary has issued a permit governing the disposition of the unmarked burial site, the human skeletal remains, or the burial artifacts. In no event shall the secretary take longer than thirty days to decide on issuance of a permit without the written agreement of all parties.
C. Each law enforcement agency that receives notice of an unmarked burial site or human skeletal remains shall immediately notify the coroner of the parish where the site or remains are found. The law enforcement agency shall also notify the secretary through the Department of Culture, Recreation and Tourism, division of archaeology, within two business days of any discovery unless circumstances indicate that the death or burial is less than fifty years old or that there is need for a criminal investigation or legal inquiry by the coroner.
D. If the coroner finds that the unmarked burial site is over fifty years old and that there is no need for a legal inquiry by his office or for a criminal investigation, the secretary shall have jurisdiction of the site, human skeletal remains, and the burial artifacts.
Acts 1991, No. 704, §1, eff. Jan. 1, 1992; Acts 2009, No. 438, §6A; Acts 2022, No. 574, §1.