Committee tightens rules on disinterment, eases private-cemetery size limit to protect historic family plots

The Senate Regulated Industries Committee unanimously approved SB 146 with amendments that strengthen permitting and heirs’ access for historic and private cemeteries.

Sponsor Senator Williams said the bill responds to incidents in which headstones were removed or stacked off-site and to cases where family cemeteries on private farms were fenced off after property sales. The sponsor described the bill as closing loopholes and making the permitting process more robust.

Under the measure, a permit remains required to disinter and reinter human remains; applicants must prove kinship to qualify. The committee heard that permits are issued by probate courts in many counties or by local health departments/vital records, depending on local practice. The bill also clarifies an "abandoned cemetery" definition and offers a remedy—in superior court—for heirs seeking access to maintain family plots while respecting property-owner rights.

Senator Summers offered amendments to update implementation dates from references to 2025 to 2026 and to reduce the minimum size for establishing a private cemetery from one acre to one-half acre. The committee adopted the Summers amendment and then approved the measure as amended unanimously.

Sponsor and committee members emphasized the bill does not bar family members from restoring graves or maintaining old plots; it instead formalizes access rights and ensures archaeological supervision and a licensed funeral director are involved when graves are disturbed.

The bill will move forward to Senate scheduling and any floor consideration; committee members asked staff to apply consistent date changes across recommitted bills.