Subcommittee advances bill to protect family cemeteries and formalize disinterment rules

Senate Bill 146, presented by Senator Williams, would update Georgia law on disinterment and family cemeteries and was given a "do pass" recommendation by the subcommittee. The bill would require that any permitted disinterment, reinterment or final disposition proscribed by the relevant subsection be supervised or carried out by a licensed funeral director, and it clarifies that a permit is not required when human remains are disinterred and reinterred in the same cemetery.

The measure also codifies a definition of "abandoned cemetery" as a burial place in which no interment, entombment or inurnment of human remains has occurred for a period of not less than 25 years, while specifying that "once a cemetery, always a cemetery" unless statutory procedures to remove that status are followed. Senator Williams told the committee the bill arose after an incident at Lake Burton in which an owner moved century-old headstones to an unrelated cemetery, prompting a need for clearer protections.

Members raised liability and supervision concerns about granting heirs access across private property. Representative Ridley asked whether a court-ordered visitation could expose property owners to tort liability if a visitor were injured; the committee discussed language allowing a judge to set conditions and supervision for visits. Chairman Deloach and the author agreed to work with Representative Ridley on drafting clarifying language before full committee consideration.

Cliff Dempsey, president of the Georgia Cemetery Association, testified in support, saying the bill helps protect thousands of non‑perpetual‑care cemeteries and the families connected to them. The subcommittee moved the bill by voice vote; the committee reported the bill "do pass" to full committee and scheduled it for 2:00 p.m.