CHAPTER 148

96-H 8313

Approved Aug. 5, 1996.

AN ACT PERTAINING TO CEMETERIES

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 23-18 of the General Laws entitled "Cemeteries" is hereby amended by adding thereto the following section:

{ADD23-18-11.2. Regulation of excavation -- Removal and transfer of graves and cemeteries -- Penalties. -- ADD} {ADD The city or town council of any municipality may by ordinance prescribe standards, in addition to those required by section 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 such 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 such standards, regulations adopted by the Legislative Commission on Historical Cemeteries (Chapter 23-18.3), after opportunity for interested parties to be heard, 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.

To the extent not promulgated pursuant to section 23-3-5.1, the state registrar of vital records shall promulgate regulations to establish a system of record-keeping to allow descendents to locate their ancestors' graves in Rhode Island.

Any person convicted of violating this section shall be subject to a fine of not more than two hundred fifty dollars ($250).

The provisions of this section shall be considered to be in addition to any other penalties provided for desecretion or vandalism to cemeteries. ADD}

SECTION 2. This act shall take effect upon passage.



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