A bill to regulate pet cemeteries; to regulate the sale of pet cemetery merchandise and services; and to prescribe penalties and remedies.
SB 1046 establishes a regulatory framework for pet cemeteries, aiming to standardize the sale of pet cemetery merchandise and services while prescribing penalties and remedies for non-compliance. It mandates that pet cemetery operators file a dedication of land use with the county's register of deeds, ensuring the land is used solely for pet cemetery purposes unless the restriction is legally removed. The bill requires the establishment of an endowed care fund, with at least 15% of the sale price of burial plots allocated to this fund, to ensure ongoing maintenance and care of the cemetery. Operators must also charge a maintenance fee, which cannot exceed the endowed care fee, for immediate upkeep of burial sites. A minimum deposit of $10,000 is required to establish a pet cemetery, and cemeteries must be at least three acres unless pre-existing. The legislation also stipulates that 130% of the costs for tangible goods related to burial arrangements be placed in a separate preneed fund. Pet owners must keep their contact information current with cemetery operators, and if no contact is made for ten years, the burial rights revert to the cemetery owner. Accurate records of all burial agreements and cremations must be maintained, and operators must disclose all disposal options to pet owners. Existing pet cemeteries are given a grace period of up to two years to comply with certain provisions. Violations of the act are classified as misdemeanors, punishable by fines or imprisonment.
Co-sponsored by Sens.
Referred to the Committee on Regulatory Affairs
