All Roll Calls
Yes: 238 • No: 2
Sponsored By: Hunter Abell (Republican)
Became Law
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6 provisions identified: 1 benefits, 1 costs, 4 mixed.
The law lets a natural person set part of their land as a family burial ground. All co-owners must agree in writing, and you cannot do this on land owned with a company or other legal entity. The burial area can cover at most 10% of the parcel and must be at least 25 feet from the parcel edge, 150 feet from critical areas, 100 feet from a public right‑of‑way, 100 feet from a drinking‑water well, and 200 feet from a drinking‑water spring. You may not sell plots or charge any burial‑related fees. Cities and counties can regulate or ban these sites.
To relocate remains, you need written consent in this order: spouse or registered partner, then children, then parents, then siblings. If you cannot get consent, you can ask the county superior court for permission. After consent or a court order, you must notify the state archaeology department and get a permit to disinter and reinter the remains. The owner must pay all costs to move and re‑bury the remains.
Any mausoleum or columbarium on a family burial ground must be Class A fireproof and meet local building permits and public health rules. Converting an existing building for interment must meet the same standards. Unlawful construction is a civil infraction with a $500 fine each time, and cities or counties can require you to fix violations at your expense. Chapter 68.28 rules do not apply to mausoleums or columbaria on qualifying family burial grounds.
The law defines a family burial ground on private land and includes any mausoleums and columbaria on it. Interment in a family burial ground is lawful, and private‑property disposition after cremation, alkaline hydrolysis, or natural organic reduction is allowed with the owner’s consent. These family plots are not treated as a cemetery business, and some cemetery chapters do not apply.
Family burial grounds do not get the property tax exemption that some public or nonprofit cemeteries receive. Owners may still owe property taxes on land with a family burial ground.
Within 30 days after each interment, the owner must report it to the state archaeology department and record it with the county. The report must include the name, birth and death dates, owner, parcel number, and GPS coordinates verified by two witnesses or the county coroner, sheriff, or a designee. Before you sell a property with a family burial ground, you must disclose the burial area and any mausoleums or columbaria. The updated seller‑disclosure rule for improved residential property starts January 1, 2027.
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Hunter Abell
Republican • House
Adam Bernbaum
Democratic • House
Andrew Engell
Republican • House
Brian Burnett
Republican • House
Jim Walsh
Republican • House
Rob Chase
Republican • House
Tarra Simmons
Democratic • House
All Roll Calls
Yes: 238 • No: 2
House vote • 3/12/2026
Final Passage as Amended by the Senate
Yes: 96 • No: 0 • Other: 2
Senate vote • 3/6/2026
3rd Reading & Final Passage as Amended by the Senate
Yes: 46 • No: 2 • Other: 1
House vote • 2/12/2026
3rd Reading & Final Passage
Yes: 96 • No: 0 • Other: 2
Effective date 6/11/2026*.
Chapter 173, 2026 Laws.
Governor signed.
Delivered to Governor.
Passed final passage; yeas, 96; nays, 0; absent, 0; excused, 2.
House concurred in Senate amendments.
Speaker signed.
President signed.
Third reading, passed; yeas, 46; nays, 2; absent, 0; excused, 1.
Rules suspended. Placed on Third Reading.
Floor amendment(s) adopted.
Committee amendment not adopted.
Placed on second reading by Rules Committee.
Passed to Rules Committee for second reading.
LAW - Majority; do pass with amendment(s).
First reading, referred to Law & Justice.
Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2.
Rules suspended. Placed on Third Reading.
1st substitute bill substituted.
Rules Committee relieved of further consideration. Placed on second reading.
Referred to Rules 2 Review.
CRJ - Majority; 1st substitute bill be substituted, do pass.
CRJ - Executive action taken by committee.
First reading, referred to Civil Rights & Judiciary.
Prefiled for introduction.
Session Law
3/31/2026
Bill as Passed Legislature
3/12/2026
Substitute Bill
2/4/2026
Original Bill
1/12/2026
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