Chapter 436
AN ACT
SB 746
Relating to exempt operating cemeteries;
amending ORS 692.010 and 692.275.
Be It Enacted by the People of
the State of
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) “Exempt operating
cemetery” means an operating cemetery that has 10 or fewer interments annually.
[(3)] (4) “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)] (5) “Immediate disposition” means a direct method of
disposition of dead human remains by way of immediate burial or immediate
cremation.
[(5)] (6) “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)] (7) “Operating cemetery” means a cemetery that:
(a) Performs interments;
(b) Has fiduciary
responsibility for endowment care, general care or special care funds; or
(c) Has outstanding
preneed service contracts for unperformed services.
[(7)] (8) “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 exempt
operating cemetery [that has five or
fewer interments annually] is entitled to receive a certificate of
authority to operate upon payment of [the]
an initial fee [but] not to
exceed $100 and a fee not to exceed $50 for registration of all principals regardless
of the total number of principals. An exempt operating cemetery 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 historic cemetery listed with the Oregon
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
historic cemetery listed with the Oregon 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.
(7) The board may not
subject an exempt operating cemetery to random inspections.
Approved by the Governor June 15, 2007
Filed in the office of Secretary of State June 15, 2007
Effective date January 1, 2008
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