71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2983
 
Sponsored by Representative WILLIAMS (at the request of Charlotte
  Benz and Karen Wells)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to operating cemeteries; amending ORS 692.010 and
  692.275.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 692.010 is amended to read:
  692.010. As used in this chapter:
  (1) 'Board' means the State Mortuary and Cemetery Board.
  (2) 'Cemetery' means any one, or a combination of more than
one, of the following, in a place used, or intended to be used,
and dedicated, for cemetery purposes:
  (a) A burial park, for earth interments;
  (b) A mausoleum, for crypt interments; or
  (c) A columbarium, for permanent cinerary interments.
  (3) 'Holding room' means a room that is located in a licensed
facility for the care, storage or holding of dead human bodies
prior to effecting disposition.
  (4) 'Immediate disposition' means a direct method of
disposition of dead human remains by way of immediate burial or
immediate cremation.
  (5) 'Immediate disposition company' means any business licensed
under this chapter, other than a licensed funeral establishment,
where a licensed funeral service practitioner operates the
business of immediate disposition and where business records are
kept.
  (6) 'Operating cemetery' means a cemetery that:
  (a) Performs interments   { - and - }  { + ;
  (b) + } Has fiduciary responsibility for endowment care,
general care or special care funds; { +  or + }
    { - (b) Has outstanding financial obligations; or - }
  (c) Has outstanding preneed service contracts for unperformed
services.
  (7) 'Rental cover' means a partial enclosure that appears
similar to a casket that is utilized for viewing purposes and
surrounds the burial or cremation container.
  SECTION 2. ORS 692.275 is amended to read:
  692.275. (1) The application for a certificate of authority to
conduct the business of an operating cemetery shall be made on a
form provided by the State Mortuary and Cemetery Board. The
application shall be accompanied by the application fee
established under ORS 692.160. However, any operating cemetery
that has five or fewer interments annually is entitled to receive
a certificate of authority to operate upon payment of the initial
 
 
Enrolled House Bill 2983 (HB 2983-A)                       Page 1
 
 
 
fee but is not required to pay the renewal fee { +  or the fee
for any change in principal other than the cemetery manager + }.
  (2) A cemetery, other than an operating cemetery or a pioneer
cemetery listed with the Oregon Pioneer Cemetery Commission under
ORS 97.782, shall be registered with the board. An owner of a
cemetery, other than an operating cemetery or a pioneer cemetery
listed with the Oregon Pioneer Cemetery Commission under ORS
97.782, shall register the cemetery with the board on a form
provided by the board. No fee shall be required of a cemetery
registrant.
  (3) The person who plans to operate a crematorium shall apply
before operation for a certificate of authority to operate a
crematorium on a form provided by the board. The application
shall be accompanied by the application fee established under ORS
692.160.
  (4) For purposes of this section and ORS 692.025, each location
of a cemetery or crematorium is a separate location and must be
licensed separately. Those cemeteries that are subject to
registration shall be registered separately.
  (5) The recommendation of the Cremation Association of North
America shall be used in adopting rules regulating crematoriums.
  (6) This section applies to operating cemeteries or other
cemeteries owned by any city, county or other municipal
corporation.
                         ----------
 
 
Passed by House April 4, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 7, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2983 (HB 2983-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2983 (HB 2983-A)                       Page 3