reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-5. - Sales before completion of structure — Bond.

§ 23-18-5. Sales before completion of structure — Bond.
No crypt, room, or space in the structure shall be sold or offered for sale before the structure is entirely completed, unless and until the agency selling the crypt or niches, enters into an agreement whereby it agrees to refund to each and every purchaser all sums of money paid by each, together with legal interest on all sums of money, in the event it fails to complete the structure within the time which shall have been limited by the city or town wherein the structure is located, which agreement shall be entered into with some bank or trust company or other organization as trustee for the persons as directed by the city or town, nor until the agency shall also have made, executed and delivered to the trustee, its bond, with adequate security, if required, conditioned upon paying to the trustee a sum of money sufficient to provide for the refund previously provided and to provide for the repair, maintenance, and replacement of the structure, or shall have paid or delivered to the trustee a sum of money or other property sufficient for these purposes, the amount of the bond, payment, or delivery of property and the security on the bonds, if any shall be required, to be fixed and determined by the city or town wherein the structure is located.
History of Section.
P.L. 1939, ch. 721, § 5; G.L. 1956, § 23-18-5; P.L. 1993, ch. 45, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-6. - Proceeds of sales.

§ 23-18-6. Proceeds of sales.
The proceeds from the sales of crypts, niches, or any space in the structure, shall be used for the repayment of loans for the purpose of construction thereof with reasonable interest on the loans and for the construction, maintenance, and perpetual care of the structure, and may not be divided among any persons as profits.
History of Section.
P.L. 1939, ch. 721, § 6; G.L. 1956, § 23-18-6.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-7. - Re-interment of bodies in structure becoming health menace.

§ 23-18-7. Re-interment of bodies in structure becoming health menace.
Whenever a mausoleum, vault, crypt, or similar structure previously or hereafter erected and containing one or more deceased human bodies, shall, in the opinion of the city or town where the structure is located, become a menace to public health, and the owner or owners of the structure fail to repair or remove the structure to the satisfaction of the city or town, any court of competent jurisdiction may order the person, association, or other agency owning the structure to remove the body or bodies for interment in some suitable cemetery at the expense of the person, association, or other agency owning the mausoleum, vault, crypt, or similar structure. When no person, association, or any representative of any agency can be found in the county where the mausoleum, vault, crypt, or similar structure is located, then the removal and interment shall be at the expense of the cemetery or other agency where the mausoleum, vault, crypt, or similar structure may be located.
History of Section.
P.L. 1939, ch. 721, § 7; G.L. 1956, § 23-18-7; P.L. 1993, ch. 45, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-8. - Speculative sales prohibited.

§ 23-18-8. Speculative sales prohibited.
The sale of cemetery lots or plots, or the sale of crypts or niches in a community mausoleum, or niches in a columbarium, crematory, or any other similar structure, for speculative purposes, or upon the promise, representation, or inducement to the purchaser that the structure may be resold at a financial profit, is prohibited. Any person or individual who shall make, or attempt to make, either on his or her own behalf or on behalf of another, a sale or conveyance contrary to the provisions of this chapter, shall be punished as provided in § 23-18-9.
History of Section.
P.L. 1939, ch. 721, § 8; G.L. 1956, § 23-18-8; P.L. 2001, ch. 86, § 72.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-8.1. - Perpetual care funds.

§ 23-18-8.1. Perpetual care funds.
(a)
All funds paid to or held by an agency for the purpose of funding the perpetual care of cemetery lots, crypts, or niches shall be maintained in a separate perpetual care fund, and shall not be commingled with any other funds of the agency; and
(b)
Not less than twenty percent (20%) of the sale price of a cemetery lot, crypt, or niche sold with perpetual care shall be deposited by the agency in the perpetual care fund.
History of Section.
P.L. 1993, ch. 473, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-8.2. - Additional deposits.

§ 23-18-8.2. Additional deposits.
If at any time after a cemetery lot, crypt, or niche has been sold an agency receives additional funds from any source for perpetual care of the lot, crypt, or niche, all of the funds shall be deposited in the perpetual care fund.
History of Section.
P.L. 1993, ch. 473, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-8.3. - Maintenance of perpetual care funds.

§ 23-18-8.3. Maintenance of perpetual care funds.
The corpus or principal of perpetual care funds shall be maintained intact, and shall not be expended to pay for perpetual care or any other expenses, but the income and other earnings on the corpus or principal of perpetual care funds may be so expended.
History of Section.
P.L. 1993, ch. 473, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-9. - Penalty for violations.

§ 23-18-9. Penalty for violations.
Any person, member of a firm, or any officer or director of a corporation, failing to comply with any of the provisions of this chapter, upon each and every conviction of any of the provisions of this chapter, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than sixty (60) days nor more than six (6) months, or by both fine and imprisonment.
History of Section.
P.L. 1939, ch. 721, § 9; G.L. 1956, § 23-18-9.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-10. - City and town regulation of burial grounds.

§ 23-18-10. City and town regulation of burial grounds.
(a)
The city or town council of any city or town may prohibit burials in the compact or thickly-populated parts of the city or town, and may make any bylaws and ordinances relating to burials and the use of grounds for burials in the city or town that it may think necessary for preserving the health of the city or town, and as necessary to carry out the provisions of this chapter, and may enforce the ordinances in the manner provided in chapter 18 of this title.
(b)
The town councils of the towns of East Greenwich and Smithfield and the city councils of the cities of East Providence, Warwick, Cranston, and Woonsocket, after having prevented further burials in those parts of their towns or cities as provided in subsection (a), may order, in accordance with this chapter, the owner of the burial ground so prohibited, and in the interest of public welfare, to cause to be removed the cadavers or remains of any persons buried in the burial ground, and transferred to and interred in some other cemetery within the state, the removal and interment to be under the direction of a qualified funeral director and with the approval of the nearest of kin of the deceased and at the expense of the owner of the land.
(c)
No cadaver or remains shall be removed unless the owner of the land shall give notice by certified mail to the nearest of kin known to him or her, and by advertising in one or more daily newspapers having circulation within the town or city at least once a week for three (3) successive weeks. In the event there shall be no nearest of kin known to the owner or that the nearest of kin shall neglect or refuse to approve the removal and interment, the city or town shall cause the cadavers or remains to be removed, transferred, and interred in any other cemetery in accordance with the laws, rules, and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed.
History of Section.
G.L. 1896, ch. 91, § 18; G.L. 1909, ch. 107, § 18; G.L. 1923, ch. 119, § 18; G.L. 1938, ch. 601, § 17; G.L. 1956, § 23-18-10; R.P.L. 1957, ch. 147, § 1; P.L. 1958, ch. 96, § 1; P.L. 1958, ch. 107, § 1; P.L. 1959, ch. 182, § 1; P.L. 1966, ch. 38, § 1; P.L. 1968, ch. 252, § 1; P.L. 1989, ch. 542, § 48; P.L. 1993, ch. 45, § 1; P.L. 2001, ch. 86, § 72.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-10.1. - Registering historical cemeteries.

§ 23-18-10.1. Registering historical cemeteries.
In addition to the records and indexes now required to be maintained by every recorder of deeds in all cities and towns, the recorder of deeds in every city and town shall maintain a register of all historical cemeteries located within the city or town. The tax assessor of each city or town shall note the location of each historical cemetery so registered on the appropriate tax assessor’s map with a symbol consisting of the letters “CEM” inside a rectangle.
History of Section.
P.L. 1979, ch. 383, § 1; P.L. 2011, ch. 117, § 1; P.L. 2011, ch. 126, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-10.2. - Exemption from liability.

§ 23-18-10.2. Exemption from liability.
(a)
A city, town, or public body shall not be held civilly liable for any breach of duty resulting in injury to the person or damage to the property or any person who voluntarily and without compensation, undertakes to maintain or to repair any designated historical cemetery pursuant to § 23-18-10.1, provided that nothing in this section shall eliminate or limit the liability of a city, town, or public body:
(1)
For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or
(2)
For any malicious, willful, or wanton act.
(b)
A private landowner permitting access over his or her property to a historical cemetery for the purpose of voluntary maintenance or repair of the cemetery shall not be held civilly liable for any breach of duty resulting in injury to the person or damage to the property of those seeking to repair or maintain the cemetery.
History of Section.
P.L. 1992, ch. 416, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-11. - Regulation of excavation around cemeteries.

§ 23-18-11. Regulation of excavation around cemeteries.
(a)
The city or town council of any municipality may by ordinance prescribe standards regulating any construction or excavation in the city or town, when those standards are reasonably necessary to prevent deterioration of or damage to any cemetery or burial ground, or to any structures or gravesites located in any cemetery or burial ground. The rules and regulations shall not apply to the ordinary installation of gravesites or of monuments, markers, or mausoleums.
(b)
No city or town shall permit construction, excavation or other ground disturbing activity within twenty-five feet (25′) of a recorded historic cemetery except in compliance with the following provisions:
(1)
The boundaries of the cemetery are adequately documented and there is no reason to believe additional graves exist outside the recorded cemetery and the proposed construction or excavation activity will not damage or destructively alter the historic cemetery through erosion, flooding, filling, or encroachment; or
(2)
The proposed construction or excavation activity has been reviewed and approved by the city or town in accordance with § 23-18-11.1.
(c)
Whenever an unmarked cemetery or human skeletal material is inadvertently located during any construction, excavation, or other ground disturbing activity, including archaeological excavation, the building official of the city or town where the unmarked cemetery or human skeletal material is located shall be immediately notified. The building official shall, in turn, notify the state medical examiner and the Rhode Island historical preservation and heritage commission if the grave, cemetery, or skeletal material appears to be historic. Prior to the continuation of any further construction, excavation, or other ground disturbing activity, and unless the provisions of § 23-18-7 shall apply, the property owner shall undertake an archaeological investigation to determine the boundaries of the unmarked cemetery and shall so inform the building official. In the event that the cemetery meets the criteria for a historic cemetery, the building official shall so advise the recorder of deeds of the city or town who shall record and register the cemetery in accordance with the provisions of § 23-18-10.1.
History of Section.
P.L. 1980, ch. 31, § 1; P.L. 1992, ch. 478, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-11.1. - Permit required to alter or remove historic cemetery — Powers of city or town council — Appeal.

§ 23-18-11.1. Permit required to alter or remove historic cemetery — Powers of city or town council — Appeal.
(a)
Before an agency or a property owner may authorize or commence alteration or removal of any historic cemetery, the agency or owner must apply to the city or town council where the historic cemetery is located for a permit to alter or remove. The city or town council shall prescribe by ordinance standards to regulate the alteration or removal of any historic cemetery within its municipal limits, but shall at a minimum provide that:
(1)
The applicant examine all alternatives, and demonstrate that no prudent or feasible alternative to the proposed alteration is possible;
(2)
The city or town provide for notification and participation in the permitting process of parties which may be interested in the proposed alteration or removal by virtue of their status as a governmental health or historic preservation authority, or as a private or nonprofit historical, genealogical or civic organization, or, in the case of American Indian cemeteries and burial grounds, the appropriate tribal organization; and
(3)
The city or town provide for due consideration of the rights of descendants in any application to substantially alter or remove a historic cemetery.
(b)
When an application for alteration or removal of a historic cemetery has been made and the boundary is unknown or in doubt, the city or town may require that the applicant, at its own expense, conduct an archaeological investigation to determine the actual size of the cemetery prior to final consideration by the city or town of the application to alter or remove.
(c)
After due consideration, the city or town council may grant the application to alter or remove the historic cemetery in whole or in part, under the supervision of an archaeologist and with any restrictions and stipulations that it deems necessary to effectuate the purposes of this section, or deny the application in its entirety. Any person or persons aggrieved by a decision of the city or town council shall have the right of appeal concerning the decision to the superior court and from the superior court to the supreme court by writ of certiorari.
(d)
Nothing in this section shall be deemed to contravene the authority of municipal bodies under § 45-5-12 to hold, manage, repair, or maintain any neglected burial ground.
History of Section.
P.L. 1992, ch. 478, § 2; P.L. 1993, ch. 422, § 6; P.L. 1994, ch. 14, § 6; P.L. 2008, ch. 475, § 55.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-11.2. - Regulation of excavation — Removal and transfer of graves and cemeteries — Penalties.

§ 23-18-11.2. Regulation of excavation — Removal and transfer of graves and cemeteries — Penalties.
(a)
The city or town council of any municipality may by ordinance prescribe standards, in addition to those required by § 23-18-10, regulating the excavation, removal, and transfer of any graves, grave sites, and cemeteries in the municipality so as to provide an accurate record of any activity and to insure that any remains removed are properly re-interred and the location of the new interment is recorded. In the absence of a local ordinance establishing standards, regulations adopted by the historical preservation and heritage commission shall govern. A report of any grave removal and relocation from one cemetery or burial ground to another shall be filed in the clerk’s office for each municipality and shall, to the extent permitted by law, be available for public inspection. In instances where there is a headstone or other burial marker identifying the original grave, the headstone or burial marker shall be erected on the site to which any remains are transferred.
(b)
To the extent not promulgated pursuant to § 23-3-5.1, the state registrar of vital records shall promulgate regulations to establish a system of record-keeping to allow descendants to locate their ancestors’ graves in Rhode Island.
(c)
Any person convicted of violating this section shall be subject to a fine of not more than one thousand dollars ($1,000) and such fine shall be deemed civil in nature and not a criminal penalty.
(d)
The provisions of this section shall be considered to be in addition to any other penalties provided for desecration or vandalism to cemeteries.
History of Section.
P.L. 1996, ch. 148, § 1; P.L. 2011, ch. 117, § 1; P.L. 2011, ch. 126, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-12. - Vandalism in cemetery — Civil penalties.

§ 23-18-12. Vandalism in cemetery — Civil penalties.
Any person who shall be convicted of vandalism of cemetery property shall, in addition to any fine or penalty imposed by the court, pay treble damages to the agency whose cemetery sustained the damage. In the event the convicted offender is a minor, the family court may, if it determines that the juvenile is unable to pay treble damages, require the offender to perform specified work at the cemetery site where the damage was sustained for a period of time that in the court’s opinion will equal treble the damages inflicted at the cemetery.
History of Section.
P.L. 1981, ch. 247, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-13. - Notification of historical preservation and heritage commission.

§ 23-18-13. Notification of historical preservation and heritage commission.
The historical preservation and heritage commission shall be notified whenever an ancient burial place contains or is suspected to contain the remains of one or more persons.
History of Section.
P.L. 1992, ch. 478, § 2; P.L. 2011, ch. 117, § 1; P.L. 2011, ch. 126, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-14. - Records of disposition.

§ 23-18-14. Records of disposition.
(a)
“Agencies”, as defined in § 23-18-1, are responsible for the proper maintenance of all records of disposition of human remains, and all burials shall be accompanied with appropriate records or combination of records giving location and name of deceased, date of burial, record of property owner, and a geographic schematic indicating the specific location of final disposition. The agencies have the ability to cross reference this material as the agencies deem necessary as long as the records insure the accuracy and quality control of the location and name of the deceased.
(b)
The agencies shall supply this information to the general public upon reasonable request.
History of Section.
P.L. 1999, ch. 435, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18 - Cemeteries › Section 23-18-15. - Installation of veteran’s plaque.

§ 23-18-15. Installation of veteran’s plaque.
Any cemetery which accepts the remains of a military veteran for burial shall install, for a maximum charge of seventy-five dollars ($75.00), the plaque issued by the Veterans’ Administration to the deceased veteran, on the veteran’s gravesite.
History of Section.
P.L. 2009, ch. 231, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.1 - Disposition of Bodies to Be Buried with Public Funds › Section 23-18.1-1. - Public expense burials.

§ 23-18.1-1. Public expense burials.
Unless the office of the state medical examiners has established its jurisdiction over the body of a deceased person in accordance with chapter 4 of this title, whoever has custody of the body of a deceased person required to be buried at public expense shall use reasonable efforts to ascertain if the deceased person has any relative or friend who will assume responsibility for burial at his or her expense. If no such person is found within twenty-four (24) hours after death, the person having custody of the dead body shall notify the director of the department of human services or his or her designee who shall arrange for the removal of the unclaimed body. If the body is not claimed at or before the expiration of thirty (30) hours thereafter, the director of the department of human services or his or her designee shall give public notice of its finding and a description of the unclaimed body, and within a reasonable time thereafter cause the body to be decently buried; and if the director certifies that he or she has made careful inquiry and that to the best of his or her knowledge and belief the person found dead is a stranger having no settlement in any city or town of the state, the actual expense of burial shall be paid from the general treasury upon proper vouchers for the burial approved by the director of human services in accordance with provisions of this section. To the extent that the department of human services makes payment of the burial expenses, it shall have the right to recover the burial expenses from the estate of the deceased person.
History of Section.
P.L. 1976, ch. 263, § 2; G.L. 1956, § 23-42-1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-18.1-1; P.L. 2004, ch. 201, § 1; P.L. 2004, ch. 350, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-1. - Definitions.

§ 23-18.2-1. Definitions.
As used in this chapter:
(1)
“Burial ground authority” means the municipality, ecclesiastical society, or cemetery association, as the case may be.
(2)
“Burial place” means any tract of land within any municipality that is used or has been used or has been in existence as a burial ground.
History of Section.
P.L. 1990, ch. 204, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-2. - Burial places to be preserved.

§ 23-18.2-2. Burial places to be preserved.
No municipality shall alienate or appropriate any burial place to any use other than that of a burial ground. No portion of any burial place shall be taken for public use without the approval of the general assembly. If any burial place is appropriated for any other use and the bodies buried in it or the monuments, gravestones, or other memorials marking the burial place are removed, the burial ground authority shall preserve a record of the removal indicating the date of the removal and the site or place to which the removal was made.
History of Section.
P.L. 1990, ch. 204, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-3. - Removal of gravestones and memorials.

§ 23-18.2-3. Removal of gravestones and memorials.
No fence, tomb, monument, or gravestone or fragment of a gravestone within any cemetery or burial place shall be destroyed or injured or shall be removed except in accordance with the provisions of this section. Any gravestone or other memorial for the dead may be removed for the purpose of repair or replacement, reproduction, or preservation and display in an accredited museum upon:
(1)
The consent of the owner of the burial lot in which the gravestone or memorial is placed or the consent of a lineal descendant of the deceased or, if the owner or lineal descendant is unknown, with the consent of the burial ground authority, and
(2)
The order of the superior court for the county in which the burial lot is located. Upon written application of a consenting owner, lineal descendant, or burial ground authority, the court may, after a hearing, with notice of the hearing having been given to interested parties and otherwise as the court deems appropriate, order the removal of the gravestone or memorial, if it finds that removal is necessary or desirable for the protection and preservation of the gravestone or memorial.
History of Section.
P.L. 1990, ch. 204, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-4. - Unlawful possession or sale of gravestones.

§ 23-18.2-4. Unlawful possession or sale of gravestones.
A person is guilty of the unlawful possession or sale of gravestones when he or she possesses or sells, offers for sale or attempts to sell or transfers or disposes of any monument, gravestone, or other structure placed or designed for a memorial of the dead, or any portion or fragment of a memorial of the dead, knowing that it has been unlawfully removed from a cemetery or burial ground.
History of Section.
P.L. 1990, ch. 204, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-5. - Penalty for violations.

§ 23-18.2-5. Penalty for violations.
(a)
Whoever violates the provisions of § 23-18.2-4 shall, upon conviction, be punished by imprisonment for not more than one year or by a fine of not more than five thousand dollars ($5,000).
(b)
In addition to any other penalties imposed for a violation of the provisions of this chapter or chapter 20 of title 11, any person who topples or damages any marker, gravestone, crypt, or columbarium or who violates the provisions of § 23-18.2-4, shall be required to perform four (4) hours of public community restitution for each marker, gravestone, crypt, or columbarium toppled or damaged or obtained or sold in violation of § 23-18.2-4, at the location of the cemetery, mortuary or other facility where the desecration or other violation occurred and the public community restitution shall not be suspended.
History of Section.
P.L. 1990, ch. 204, § 1; P.L. 1991, ch. 34, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-6. - Civil penalties.

§ 23-18.2-6. Civil penalties.
(a)
Any person convicted under the provisions of § 23-18.2-5 or chapter 20 of title 11, shall, in addition to any fine or penalty imposed, pay treble damages to the burial ground authority, religious organization, cemetery corporation, or persons having charge of the burial ground where the damage has been sustained.
(b)
If the convicted offender is a minor, the court may, if it determines that the offender is unable to pay treble damages, require the offender to perform a specified work program at the site where the damage occurred for a period of time that will in the opinion of the court equal treble the amount of the damages sustained.
History of Section.
P.L. 1990, ch. 204, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.2 - Preservation and Care of Burial Places and Memorials for the Dead › Section 23-18.2-7. - Community restitution.

§ 23-18.2-7. Community restitution.
The general assembly declares that the words “public community service” which appear throughout this chapter shall now be substituted with and referred to as “public community restitution”.
History of Section.
P.L. 1998, ch. 454, § 4.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.3 - Advisory Commission on Historical Cemeteries › Section 23-18.3-1. - Establishment — Purpose — Membership — Compensation.

§ 23-18.3-1. Establishment — Purpose — Membership — Compensation.
(a)
There is created a permanent advisory commission to study the location, condition, and inventory of historical cemeteries in Rhode Island and to make recommendations relative to historical cemeteries in Rhode Island.
(b)
The commission shall consist of eighteen (18) members, all of whom shall be citizens and residents of this state. One shall be the director of veterans’ cemeteries or his or her designee. One shall be the executive director of the historical preservation and heritage commission or his or her designee. One shall be the director of the Rhode Island Historical Society or his or her designee. One shall be a representative of the Rhode Island League of Cities and Towns to be appointed by the governor, who shall serve for one year.
One shall be the state registrar of vital records, or his or her designee. The governor, in consultation with and upon the recommendation of local historical or preservation societies within each county, shall appoint thirteen (13) members of the general public consisting of two (2) representatives from Kent County, two (2) representatives from Bristol County, two (2) representatives from Newport County, three (3) representatives from Washington County, and four (4) representatives from Providence County.
(c)
Beginning on September 1, 2011, one representative from Bristol County, one representative from Newport County, one representative from Washington County, and one representative from Providence County shall be appointed to serve one year terms to expire August 31, 2012, one representative from Kent County, one representative from Washington County, and two (2) representatives from Providence County shall be appointed to serve two (2) year terms to expire August 31, 2013, and one representative from Bristol County, one representative from Kent County, one representative from Newport County, one representative from Washington County, and one representative from Providence County shall be appointed to serve three (3) year terms to expire August 31, 2014. Thereafter, each county representative shall be appointed for a three (3) year term. County representatives shall serve until their successors are appointed. Vacancies shall be filled by the authority making the original appointment.
(d)
The members shall annually elect a chairperson, a vice chairperson, and a secretary of the commission. The secretary need not be a member of the commission.
(e)
Members of the commission shall serve without compensation.
History of Section.
P.L. 1991, ch. 386, § 1; P.L. 2001, ch. 180, § 47; P.L. 2006, ch. 29, § 2; P.L. 2011, ch. 117, § 2; P.L. 2011, ch. 126, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.3 - Advisory Commission on Historical Cemeteries › Section 23-18.3-2. - Quorum.

§ 23-18.3-2. Quorum.
A simple majority of the commission shall constitute a quorum for the transaction of any business. Meetings may be called upon reasonable notice by the chairperson.
History of Section.
P.L. 1991, ch. 386, § 1; P.L. 2011, ch. 117, § 2; P.L. 2011, ch. 126, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.3 - Advisory Commission on Historical Cemeteries › Section 23-18.3-3. - Rules and regulations.

§ 23-18.3-3. Rules and regulations.
The commission shall adopt reasonable rules and regulations in compliance with the open meetings law to govern the conduct of its meetings and the accomplishment of its purposes under this chapter.
History of Section.
P.L. 1991, ch. 386, § 1; P.L. 2011, ch. 117, § 2; P.L. 2011, ch. 126, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.3 - Advisory Commission on Historical Cemeteries › Section 23-18.3-4. - Commission report.

§ 23-18.3-4. Commission report.
Annually, the commission shall report its findings and recommendations to the general assembly, to the governor, and to the historical preservation and heritage commission.
History of Section.
P.L. 1991, ch. 386, § 1; P.L. 2011, ch. 117, § 2; P.L. 2011, ch. 126, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.3 - Advisory Commission on Historical Cemeteries › Section 23-18.3-6. - Marking of governors’ graves.

§ 23-18.3-6. Marking of governors’ graves.
(a)
The commission is authorized and directed to continue the program previously conducted by the Rhode Island graves registration committee of placing a bronze plaque bearing the name and dates of service of each deceased former governor together with the national and state flags on the grave of each governor.
(b)
It is also authorized by the general assembly that the department of administration shall administer the funding for the plaque.
History of Section.
P.L. 2018, ch. 217, § 1; P.L. 2018, ch. 271, § 1.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-1. - Short title.

§ 23-18.6.1-1. Short title.
This chapter shall be known and may be cited as “The Maureen A. Sebastianelli and Daniel B. Miller Uniform Anatomical Gift Act.”
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-3. - Applicability.

§ 23-18.6.1-3. Applicability.
This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-4. - Who may make anatomical gift before donor’s death.

§ 23-18.6.1-4. Who may make anatomical gift before donor’s death.
Subject to the provisions of this chapter, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education by:
(1)
The donor, if the donor is an adult or if the donor is a minor and is:
(i)
Emancipated; or
(ii)
Authorized under state law to apply for a driver’s license because the donor is at least sixteen (16) years of age;
(2)
An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3)
A parent of the donor, if the donor is an unemancipated minor; or
(4)
The donor’s guardian.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-5. - Manner of making anatomical gift before donor’s death.

§ 23-18.6.1-5. Manner of making anatomical gift before donor’s death.
(a)
A donor may make an anatomical gift:
(1)
By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;
(2)
In a will;
(3)
During a terminal illness or injury of the donor, by any form of communication addressed to at least two (2) adults, at least one of whom is a disinterested witness; or
(4)
As provided in subsection (b).
(b)
A donor or other person authorized to make an anatomical gift under this chapter may make a gift by authorizing inclusion of the donor on a donor registry, a donor card or other record signed by the donor or other person making the gift. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1)
Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)
State that it has been signed and witnessed as provided in paragraph (1).
(c)
Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d)
An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-6. - Amending or revoking anatomical gift before donor’s death.

§ 23-18.6.1-6. Amending or revoking anatomical gift before donor’s death.
(a)
Subject to the provisions of this chapter, a donor or other person authorized to make an anatomical gift may amend or revoke an anatomical gift by:
(1)
A record signed by:
(i)
The donor;
(ii)
The other person so authorized; or
(iii)
Subject to subsection (b), another individual acting at the direction of the donor or the other person so authorized if the donor or other person is physically unable to sign; or
(2)
A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b)
A record signed pursuant to paragraph (a)(1)(iii) must:
(1)
Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)
State that it has been signed and witnessed as provided in subdivision (1).
(c)
Subject to the provisions of this chapter, a donor or other person authorized to make an anatomical gift may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d)
A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two (2) adults, at least one of whom is a disinterested witness.
(e)
A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in this chapter.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-7. - Refusal to make anatomical gift — Effect of refusal.

§ 23-18.6.1-7. Refusal to make anatomical gift — Effect of refusal.
(a)
An individual may refuse to make an anatomical gift of the individual’s body or part by:
(1)
A record signed by:
(i)
The individual; or
(ii)
Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;
(2)
The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(3)
Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two (2) adults, at least one of whom is a disinterested witness.
(b)
A record signed pursuant to paragraph (a)(1)(ii) must:
(1)
Be witnessed by at least two (2) adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2)
State that it has been signed and witnessed as provided in paragraph (1).
(c)
An individual who has made a refusal may amend or revoke the refusal:
(1)
In the manner provided in subsection (a) for making a refusal;
(2)
By subsequently making an anatomical gift pursuant to the provisions of this chapter that is inconsistent with the refusal; or
(3)
By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d)
Except as otherwise provided in this chapter, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-8. - Preclusive effect of anatomical gift, amendment or revocation.

§ 23-18.6.1-8. Preclusive effect of anatomical gift, amendment or revocation.
(a)
Except as otherwise provided in this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part in accordance with the provisions of this chapter.
(b)
A donor’s revocation of an anatomical gift of the donor’s body or part shall not be a refusal and does not bar another authorized person specified in this chapter from making an anatomical gift of the donor’s body or part.
(c)
If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part, or an amendment to an anatomical gift of the donor’s body or part, another person may not make, amend, or revoke the gift of the donor’s body or part under the provisions of this chapter.
(d)
A revocation of an anatomical gift of a donor’s body or part by a person other than the donor does not bar another person from making an anatomical gift of the body or part under the provisions of this chapter.
(e)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift in accordance with this chapter, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift in accordance with this chapter, an anatomical gift of a part for one or more of the purposes set forth in § 23-18.6.1-4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under the provisions of this chapter.
(g)
If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
(h)
If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-9. - Who may make anatomical gift of decedent’s body or part.

§ 23-18.6.1-9. Who may make anatomical gift of decedent’s body or part.
(a)
Subject to subsections (b) and (c) and unless barred by this chapter, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1)
An agent of the decedent at the time of death who could have made an anatomical gift pursuant to this chapter immediately before the decedent’s death;
(2)
The spouse of the decedent or the certified domestic partner of the decedent as defined in subsections 36-12-1(3) and 45-19-4.3(b) or any other provision of state law;
(3)
Adult children of the decedent;
(4)
Parents of the decedent;
(5)
Adult siblings of the decedent;
(6)
Adult grandchildren of the decedent;
(7)
Grandparents of the decedent;
(8)
An adult who exhibited special care and concern for the decedent, who is familiar with the decedent’s personal values, and who had maintained regular contact with the decedent prior to his or her death; provided, however, it shall not include any medical personnel caring for the decedent at the time of or immediately leading up to the decedent’s death; and
(9)
The persons who were acting as the guardians of the person of the decedent at the time of death.
(b)
If there is more than one member of a class listed in the previous subsection which is entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under the provisions of this chapter knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c)
A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-10. - Manner of making, amending or revoking anatomical gift of decedent’s body or part.

§ 23-18.6.1-10. Manner of making, amending or revoking anatomical gift of decedent’s body or part.
(a)
A person authorized to make an anatomical gift under § 23-18.6.1-9 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b)
Subject to subsection (c), an anatomical gift by a person authorized under § 23-18.6.1-9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under § 23-18.6.1-9 may be:
(1)
Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2)
Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c)
A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
History of Section.
P.L. 2007, ch. 476, § 2.
2023 Rhode Island General Laws › Title 23 - Health and Safety › Chapter 23-18.6.1 - Revised Uniform Anatomical Gift Act › Section 23-18.6.1-12. - Search and notification.

§ 23-18.6.1-12. Search and notification.
(a)
The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1)
A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2)
If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
(b)
If a document of gift or a refusal to make an anatomical gift is located by the search required by subdivision (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c)
A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
History of Section.
P.L. 2007, ch. 476, § 2.