Virginia SB 519: Professional and Occupational Regulation, Department of; cemeteries, exemptions.

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Bill Tracking - 2020 session > Legislation 

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2020 SESSION

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CHAPTER 33 

An Act to amend and reenact � 54.1-2312 of the Code of 
Virginia, relating to the Department of Professional and Occupational 
Regulation; cemeteries; exemptions. 

[S 519] 

Approved March 2, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 54.1-2312 of the Code of Virginia is amended and 
reenacted as follows:

� 54.1-2312. Exemptions.

A. The provisions of this chapter shall not apply to 
cemeteries wholly owned and operated by the state or a county, city, or 
town; a church; or a nonstock corporation not operated for profit if the 
corporation (i) does not compensate any officer or director except for 
reimbursement of reasonable expenses incurred in the performance of his 
official duties,; (ii) does not sell or construct or directly or 
indirectly contract for the sale or construction of vaults or lawn, garden, 
or mausoleum crypts,; and (iii) uses proceeds from the sale of 
all graves and entombment rights for the sole purpose of defraying the direct 
expenses of maintaining the cemetery. For the purposes of this subsection, 
"church" includes a church that operates as a historic landmark.

B. The provisions of this chapter shall not apply to any 
community cemetery not operated for profit if the cemetery (i) does not 
compensate any officer or director except for reimbursement of reasonable 
expenses incurred in the performance of his official duties, and uses the 
proceeds from the sale of the graves and mausoleum spaces for the sole purpose 
of defraying the direct expenses of maintaining its facilities or (ii) was 
chartered by the Commonwealth prior to 1857 A.D.

C. The provisions of this chapter regarding preneed burial 
contracts shall not apply to prearranged funeral plans entered into by licensees 
of the Board of Funeral Directors and Embalmers.

D. The provisions of the chapter shall not apply to any family 
cemetery provided that no graves or entombment rights therein are sold or 
offered for sale to the public.

E. Subject to the requirements of � 54.1-2312.1, the 
provisions of this chapter shall not apply to the resale of any interment right 
in a cemetery in the Commonwealth.