Chapter 173 Oregon Laws 2003

AN ACT

SB 244

Relating to Oregon Pioneer Cemetery Commission; creating new provisions; and amending ORS 97.772, 97.774, 97.776, 97.778, 97.780, 97.782, 97.784, 128.640, 376.197 and 692.275 and section 3, chapter 731, Oregon Laws 1999.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 97.772 is amended to read:

97.772. For purposes of ORS 97.772 to 97.784, “[pioneer] historic cemetery” means any burial place that contains the remains of one or more persons who died before February 14, 1909.

SECTION 2. ORS 97.774 is amended to read:

97.774. (1) There is established within the State Parks and Recreation Department the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries consisting of seven members appointed by the State Parks and Recreation Director.

(2) The term of office of each member is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.

(3) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495.

SECTION 3. ORS 97.776 is amended to read:

97.776. The members of the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries must be citizens of this state who are well informed on the restoration and maintenance of [pioneer] historic cemeteries. The State Parks and Recreation Director shall select members from nominations made by organizations of local [pioneer] historic cemeteries, organizations of nonprofit cemeteries, the State Mortuary and Cemetery Board and statewide cemetery associations. The director shall try to appoint individuals to the commission who represent or are knowledgeable concerning Native American burial places, rural cemeteries, family burial places and metropolitan cemeteries.

SECTION 4. ORS 97.778 is amended to read:

97.778. (1) The Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries shall select one of its members as chairperson and another as vice chairperson for such terms and with duties and powers necessary for the performance of the functions of such offices as the commission determines.

(2) A majority of the members of the commission constitutes a quorum for the transaction of business.

(3) The commission shall meet at least once every three months at a place, day and hour determined by the commission. The commission also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the commission.

SECTION 5. ORS 97.780 is amended to read:

97.780. The Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries shall:

(1) Maintain a listing of all [pioneer] historic cemeteries in this state.

(2) Assist in coordination of restoration, renovation and maintenance of Oregon’s [pioneer] historic cemeteries.

(3) Make recommendations to the State Parks and Recreation Director for projects and funding to help maintain and improve Oregon’s [pioneer] historic cemeteries.

(4) Obtain grant funding and seek legislative appropriations for individual [pioneer] historic cemeteries and groups of [pioneer] historic cemeteries.

(5) Make recommendations to the Legislative Assembly for changes in law that will help protect [pioneer] historic cemeteries as part of Oregon’s heritage.

(6) Assist the director in locating and listing [pioneer] historic cemeteries.

(7) Assist cemeteries listed as [pioneer] historic cemeteries with the commission to rehabilitate and maintain those cemeteries and to promote public education relating to [pioneer and] historic cemeteries.

(8) Establish a process to obtain advice from authorities on the subject of the care of old grave markers and graveyards as part of any restoration process.

SECTION 6. ORS 97.782 is amended to read:

97.782. A [pioneer] historic cemetery that is not an operating cemetery, as defined in ORS 692.010, shall be listed with the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries. An owner or any other person or association of individuals that maintains such a [pioneer] historic cemetery shall list the [pioneer] historic cemetery with the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries on a form provided by the commission. No fee shall be required from a [pioneer] historic cemetery for listing.

SECTION 7. ORS 97.784 is amended to read:

97.784. The State Parks and Recreation Department shall provide support services to the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries. One staff person of the department shall be the executive secretary of the commission.

SECTION 8. ORS 128.640 is amended to read:

128.640. (1) ORS 128.610 to 128.750 do not apply to the United States, any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or governmental subdivisions.

(2) ORS 128.650 to 128.670 and 128.720 do not apply to:

(a) Any religious corporation sole or other religious corporation or organization which holds property for religious purposes, or to any officer, director or trustee thereof who holds property for like purposes;

(b) A cemetery that is registered with the State Mortuary and Cemetery Board under ORS 692.275 or a [pioneer] historic cemetery listed with the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries under ORS 97.782;

(c) A trustee that holds property for charitable purposes in the event that the sole beneficiary of a charitable remainder trust serves as trustee; or

(d) A child-caring agency regulated under ORS 418.215 to 418.265.

SECTION 9. ORS 376.197 is amended to read:

376.197. (1) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.

(2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a [pioneer] historic cemetery listed in accordance with the provisions of ORS 97.782.

(b) The way of necessity established under paragraph (a) of this subsection shall:

(A) Be designated by the owner of the land over which the way of necessity passes; and

(B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the [pioneer] historic cemetery, to descendants of those persons buried in the [pioneer] historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the [pioneer] historic cemetery visitors for family visitation, maintenance or research access to the [pioneer] historic cemetery.

SECTION 10. 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 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] historic cemetery listed with the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries under ORS 97.782, shall be registered with the board. An owner of a cemetery, other than an operating cemetery or a [pioneer] historic cemetery listed with the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries 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.

SECTION 11. Section 3, chapter 731, Oregon Laws 1999, is amended to read:

Sec. 3. Notwithstanding the term of office specified by [section 2 of this 1999 Act] ORS 97.774, of the members first appointed to the Oregon [Pioneer Cemetery Commission] Commission on Historic Cemeteries:

(1) One shall serve for a term ending July 1, 2000.

(2) Two shall serve for terms ending July 1, 2001.

(3) Two shall serve for terms ending July 1, 2002.

(4) Two shall serve for terms ending July 1, 2003.

SECTION 12. Whenever, in any uncodified law or resolution of the Legislative Assembly or in any rule, document, record or proceeding authorized by the Legislative Assembly, reference is made to the Oregon Pioneer Cemetery Commission or any officer or employee of the Oregon Pioneer Cemetery Commission, the reference is considered to be a reference to the Oregon Commission on Historic Cemeteries or an officer or employee of the Oregon Commission on Historic Cemeteries.

SECTION 13. For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Oregon Pioneer Cemetery Commission or its officers, wherever they occur in Oregon Revised Statutes, other words designating the Oregon Commission on Historic Cemeteries or its officers.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

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