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PAG LIN 1 1 Section 1. NEW SECTION. 566B.1 LEGISLATIVE FINDINGS. 1 2 The general assembly finds that the relationships that 1 3 humans develop with other members of the animal kingdom that 1 4 are taken into homes and maintained as pets are unique and 1 5 special. These relationships can enrich lives and increase 1 6 happiness. Even after the death of a pet, human attachment to 1 7 the memory of the pet often remains very strong and many 1 8 people feel the need to memorialize the love felt for the 1 9 animal by burying the pet in a pet cemetery. Pet cemeteries 1 10 and their owners and operators have a special responsibility 1 11 to customers who have entrusted pet remains with them. These 1 12 pet cemeteries have a duty to act in an ethical and lawful 1 13 manner to prevent grieving pet owners from experiencing 1 14 further emotional pain or financial manipulation. 1 15 Perpetrations of fraud against grieving pet owners are 1 16 unconscionable. 1 17 The general assembly further finds that the people of this 1 18 state have a vital interest in the establishment, maintenance, 1 19 and preservation of pet cemeteries and pet crematoriums and 1 20 the proper operation of the businesses and individuals that 1 21 own and manage the business. This chapter is determined to be 1 22 an exercise of the police powers of this state to protect the 1 23 well-being of citizens of this state, to promote the public 1 24 welfare, to promote the health of the public, and to prevent 1 25 pet cemeteries and pet crematoriums from falling into 1 26 disrepair and dilapidation and becoming a burden upon the 1 27 community. 1 28 Sec. 2. NEW SECTION. 566B.2 DEFINITIONS. 1 29 As used in this chapter, unless the context requires 1 30 otherwise: 1 31 1. "Commissioner" means the commissioner of insurance or 1 32 the commissioner's designee. 1 33 2. "Entombment" means the placement of a pet in a grave or 1 34 tomb. 1 35 3. "Individual burial" means the interment of a single 2 1 pet's remains in a separate grave. This chapter shall not 2 2 prevent the interment of more than one pet in a grave with the 2 3 written consent of the pet owner. 2 4 4. "Individual cremation" means the cremation of a single 2 5 pet's remains in a separate receptacle that allows the pet's 2 6 cremains to remain separate from the cremains of other pets. 2 7 5. "Inurnment" means the placement of pet cremains in a 2 8 grave, urn, or tomb. 2 9 6. "Licensee" means a person licensed to engage in the 2 10 business of operating a pet cemetery or pet crematorium under 2 11 this chapter. 2 12 7. "License fee and renewal fee" means the fees required 2 13 to accompany an application for issuance of any license, 2 14 including any temporary, apprentice, or renewal license, 2 15 pursuant to this chapter. 2 16 8. "Mass burial" means the interment of pet remains 2 17 communally in a grave containing more than one pet. 2 18 9. "Mass cremation" means the cremation of pets communally 2 19 in a receptacle containing more than one pet. 2 20 10. "Pet" means any domestic animal that has been adapted 2 21 or tamed to live in intimate association with people, 2 22 including but not limited to dogs, cats, rodents, fish, birds, 2 23 snakes, turtles, lizards, frogs, and rabbits. 2 24 11. "Pet cemetery" means any land, place, structure, 2 25 facility, or building provided by any person for a fee, 2 26 whether or not for profit, to veterinarians or members of the 2 27 general public for use, or reservation for use, for the 2 28 permanent interment or inurnment above or below ground of pet 2 29 remains. However, this definition shall not apply to: 2 30 a. Rendering plants regulated pursuant to section 189.7. 2 31 b. A landfill or other disposal facility at which solid 2 32 waste, or its residue after treatment, is intentionally placed 2 33 and at which solid waste shall remain indefinitely. 2 34 12. "Pet crematorium" means any land, place, structure, 2 35 facility, or building provided by any person for a fee, 3 1 whether or not for profit, to veterinarians or members of the 3 2 general public for the cremation of pets. However, a pet 3 3 crematorium shall not provide for permanent interment or 3 4 inurnment of pet remains. This definition does not apply to 3 5 facilities designed for resource recovery or infectious 3 6 medical waste incinerators, both as regulated by chapter 455B. 3 7 13. "Pet owner" means the person who is listed as the 3 8 owner of the pet in veterinary records or pet cemetery or 3 9 crematorium records or the person's agent or employee. If 3 10 such a pet owner is a minor, a parent or legal guardian of the 3 11 minor or the parent's or legal guardian's agent or employee 3 12 shall be deemed the pet owner for the purposes of the pet 3 13 disposal form required in section 566B.16. 3 14 14. "Veterinarian" means a person licensed to practice the 3 15 profession of veterinary medicine pursuant to chapter 169. 3 16 Sec. 3. NEW SECTION. 566B.3 LICENSE REQUIRED. 3 17 On and after December 1, 2001, a person shall not engage 3 18 for a fee in the business of operating a pet cemetery or pet 3 19 crematorium or represent the person as being able to do so 3 20 unless the person is licensed pursuant to this chapter. A 3 21 person licensed in accordance with this chapter may employ 3 22 individuals to assist in the operation of a pet cemetery or 3 23 pet crematorium. 3 24 Sec. 4. NEW SECTION. 566B.4 AUTHORITY TO ADOPT RULES – 3 25 POWERS. 3 26 In addition to specific authority granted elsewhere in this 3 27 chapter, the commissioner shall adopt administrative rules 3 28 pursuant to chapter 17A as are necessary to administer this 3 29 chapter, and issue orders as are necessary to administer this 3 30 chapter. Rules to be adopted shall include, but are not 3 31 limited to, the following: 3 32 1. To appoint an adequate number of assistants, 3 33 inspectors, and other employees as may be necessary to 3 34 administer this chapter, to prescribe duties, and to fix 3 35 compensation. 4 1 2. To establish the form and content of applications for 4 2 licenses, the procedure for the application process, the 4 3 standards for licensure, and the disciplinary process and 4 4 penalties for violations of the standards of licensure. 4 5 3. To investigate applicants and determine their 4 6 eligibility for licenses under this chapter. 4 7 4. To keep records of all licenses issued, suspended, or 4 8 revoked. 4 9 5. To provide standards and an enforcement process for 4 10 operation of a facility for pet disposal for a fee, whether by 4 11 earth burial, entombment, inurnment, cremation, or otherwise, 4 12 the form and content of pet disposal forms, and registration 4 13 of disposals by pet cemeteries or pet crematoriums. 4 14 6. To enter the office, grounds, and buildings of any pet 4 15 cemetery or pet crematorium periodically or upon receiving a 4 16 complaint to determine compliance with this chapter. Local 4 17 boards of health shall cooperate by, upon request of the 4 18 commissioner, conducting the periodic inspections as well as 4 19 inspections pursuant to complaints to facilitate the 4 20 enforcement of this chapter, and the commissioner may delegate 4 21 authority to a local board to enforce rules and sanctions 4 22 adopted and imposed by the commissioner. The county shall be 4 23 compensated for services under this provision at a rate 4 24 established by rule. The costs of periodic inspections shall 4 25 not be charged to a licensee. However, the costs of 4 26 investigations of complaints may be charged to a licensee. 4 27 7. To conduct a financial audit of all business records, 4 28 trust fund records, and pet disposal forms for any pet 4 29 cemetery or pet crematorium. 4 30 8. To issue a subpoena for persons or records deemed 4 31 appropriate to an investigation or any other action taken 4 32 pursuant to this chapter. 4 33 9. To provide procedures to regulate, for the protection 4 34 of consumers, the operation of pet cemeteries and pet 4 35 crematoriums whose licenses to operate are suspended, revoked, 5 1 or not renewed. 5 2 Sec. 5. NEW SECTION. 566B.5 LICENSE – APPLICATION. 5 3 1. Any person may make application to the commissioner to 5 4 obtain a license to engage in the business of operating a pet 5 5 cemetery or pet crematorium under this chapter. The 5 6 application form shall be provided by the commissioner and 5 7 shall, at a minimum, require the signature of the applicant 5 8 and that the applicant shall provide all of the following 5 9 information: 5 10 a. The name and address of the applicant as follows: 5 11 (1) If an individual, the name under which the business is 5 12 to be conducted. 5 13 (2) If a partnership, the name and business address of 5 14 each partner, and the name under which business is to be 5 15 conducted. 5 16 (3) If a corporation, the name of the corporation and the 5 17 name and business address of each stockholder of the 5 18 corporation holding more than ten percent of the total stock. 5 19 b. The complete address or addresses where the business is 5 20 to be conducted. 5 21 c. A summary of all relevant experience of all persons 5 22 listed in paragraph "a", in the operation of a cemetery, pet 5 23 cemetery, crematorium, pet crematorium, or in the management 5 24 of funds. 5 25 d. Satisfactory evidence of good moral character. 5 26 e. Further information as the commissioner may prescribe 5 27 by rule. 5 28 2. The commissioner shall not issue a license to any 5 29 person who: 5 30 a. Has had a license to operate a pet cemetery or pet 5 31 crematorium suspended or revoked by the commissioner. 5 32 b. Has been convicted within the last five years of a 5 33 felony under the laws of this state involving fraud, bribery, 5 34 perjury, or theft, or has been convicted under the laws of any 5 35 other state or of the United States of a criminal offense 6 1 which, if committed and prosecuted in this state, would 6 2 constitute a similar felony under such laws of this state. 6 3 3. Any person who has had an application for a license 6 4 rejected by the commissioner may appeal pursuant to section 6 5 566B.9. 6 6 Sec. 6. NEW SECTION. 566B.6 LICENSES – DISPLAY – 6 7 RENEWAL – DUPLICATES. 6 8 1. All licenses issued pursuant to this chapter shall be 6 9 for a period of two years. 6 10 2. A license shall not be assignable or transferable 6 11 except as follows: 6 12 a. A license to conduct the business of operating a pet 6 13 cemetery or pet crematorium issued to an individual may be 6 14 assigned or transferred for the remainder of the license 6 15 period to a partnership or corporation if the individual is a 6 16 member of the partnership or an officer of the corporation at 6 17 the time of the assignment or transfer. 6 18 b. A license issued to a partnership may be assigned or 6 19 transferred for the remainder of the license period to any one 6 20 member of the partnership, provided the consent of all of the 6 21 other members of the partnership is obtained. 6 22 c. A license issued to a corporation may be assigned or 6 23 transferred for the remainder of the license period to any 6 24 officer of the corporation, provided the consent of all of the 6 25 other officers of the corporation is obtained. 6 26 3. Any application for transfer or assignment of a license 6 27 must be submitted to the commissioner, accompanied by the 6 28 documents demonstrating compliance with the requirements of 6 29 subsection 2. An assignment or transfer shall not be 6 30 effective until the license has been returned to the assignee 6 31 or transferee with the commissioner's approval. Fees are not 6 32 applicable to transfers of licenses. 6 33 4. A bona fide purchaser of a business licensed under this 6 34 chapter may continue to use the license of the seller on a 6 35 temporary basis from the date of the sale for conducting 7 1 business as follows: 7 2 a. The signatures of both the seller and the purchaser and 7 3 the date of sale are shown on the face of the license. 7 4 b. Within five days from the date of the sale, the 7 5 purchaser shall submit an application for a license to conduct 7 6 the business of operating a pet cemetery or pet crematorium. 7 7 c. The seller's license shall be valid until the 7 8 purchaser's license application is either granted or denied by 7 9 the commissioner. 7 10 5. A license to conduct the business of operating a pet 7 11 cemetery or pet crematorium issued to an individual or to a 7 12 partnership may be used, on a temporary basis, after the death 7 13 of the licensed individual or copartner by the next of kin or 7 14 duly appointed administrator or executor in the name of the 7 15 estate from the date of death of the licensed individual or 7 16 copartner as follows: 7 17 a. The face of the license displays, after the name of the 7 18 decedent, the word "deceased", the date of death, and the name 7 19 of the next of kin, administrator, or executor under whose 7 20 authority the license is being used. 7 21 b. Within thirty days of the date of death of the 7 22 licensee, the next of kin, administrator, or executor shall 7 23 submit an application for a license to conduct the business of 7 24 operating a pet cemetery or pet crematorium. 7 25 c. Such license shall be valid until the license 7 26 application of the next of kin, administrator, or executor is 7 27 either granted or denied by the commissioner. 7 28 6. A license to conduct the business of operating a pet 7 29 cemetery or pet crematorium shall be conspicuously posted upon 7 30 the premises where the licensee is engaged in the business of 7 31 operating a pet cemetery or pet crematorium. 7 32 7. Any license that has not been suspended or revoked may, 7 33 upon the payment of the renewal fee prescribed by this 7 34 chapter, be renewed for additional periods of two years, upon 7 35 the filing of an application for renewal on a form to be 8 1 prescribed by the commissioner and payment of a renewal fee. 8 2 a. Any licensee failing to file a renewal application and 8 3 submit the fee within forty-five days of the expiration of the 8 4 person's license under this chapter shall pay an additional 8 5 fee of sixty dollars. 8 6 b. Any licensee failing to file a renewal application and 8 7 submit the fee within ninety days of the expiration of the 8 8 person's license under this chapter shall be ineligible for a 8 9 license until the person shall have again met the requirements 8 10 of section 566B.5. 8 11 8. If a license issued under this chapter is lost or 8 12 destroyed, a licensee may, upon submission of an application 8 13 and payment of a fee, obtain a duplicate license upon 8 14 furnishing proof satisfactory to the commissioner that the 8 15 original license has been lost or destroyed. Each duplicate 8 16 license shall have the word "duplicate" stamped across the 8 17 front, and shall bear the same number as the license it 8 18 replaces. 8 19 9. A licensee shall give notice in writing to the 8 20 commissioner within thirty days of any change in address of 8 21 the business or residence of a licensee. The commissioner 8 22 shall affix an endorsement on the front of the original 8 23 license as to the change. A change of address by a licensee 8 24 without notice to and endorsement by the commissioner shall 8 25 operate to cancel the license. 8 26 Sec. 7. NEW SECTION. 566B.7 FEES – APPROPRIATION. 8 27 1. The fee for a license to engage in the business of 8 28 operating a pet cemetery or pet crematorium shall be one 8 29 hundred fifty dollars. For each renewal thereof, the fee 8 30 shall be one hundred fifty dollars. 8 31 2. The fee for issuing a duplicate license shall be 8 32 twenty-five dollars. 8 33 3. The fee for changing a name or address shall be ten 8 34 dollars. 8 35 4. The fees set forth shall be for licenses issued for the 9 1 license period of two years. A reduction or refund in fees 9 2 shall not be provided for late renewals or surrender or 9 3 revocation or suspension of a license. 9 4 5. A municipality seeking a license to operate a pet 9 5 cemetery or pet crematorium shall not be charged any fees. 9 6 Notwithstanding section 8.33, moneys derived from the 9 7 administration of this chapter shall not revert to the general 9 8 fund of the state, and are appropriated to the commissioner 9 9 for administration, licensing, and inspections conducted 9 10 pursuant to this chapter. 9 11 Sec. 8. NEW SECTION. 566B.8 DENIAL OF LICENSE 9 12 APPLICATION – SUSPENSION AND REVOCATION OF LICENSES. 9 13 1. An application for a license under this chapter may be 9 14 denied or a license to engage in the business of operating a 9 15 pet cemetery or pet crematorium may be suspended or revoked by 9 16 the commissioner for any one or more of the following causes: 9 17 a. Fraud or bribery in securing a license. 9 18 b. The making of any false statement as to a material 9 19 matter in any application or other statement or certificate 9 20 required by or pursuant to this chapter. 9 21 c. Incompetence in the operation of a pet cemetery or pet 9 22 crematorium. 9 23 d. Failure to display a license as provided in this 9 24 chapter. 9 25 e. Violation of any provision of this chapter, or of any 9 26 rule adopted pursuant to this chapter. 9 27 f. Conviction of a crime involving fraud, theft, perjury, 9 28 or bribery, or other cause which would permit disqualification 9 29 upon an original application. 9 30 g. Failure to retain all pet disposal forms for a period 9 31 of two years following receipt. 9 32 h. Failure to comply with the duties of an owner or 9 33 operator of a pet crematorium as set out in this chapter. 9 34 i. Conviction of a violation of chapter 717B. 9 35 2. If a license to engage in the business of operating a 10 1 pet cemetery or pet crematorium is revoked, the license shall 10 2 not be reinstated or reissued until after the expiration of a 10 3 period of five years from the date of the revocation, and only 10 4 upon approval of the commissioner of a license application 10 5 pursuant to section 566B.5. 10 6 Sec. 9. NEW SECTION. 566B.9 HEARING. 10 7 1. Any license suspension or revocation, or the imposition 10 8 of any fine or reprimands, shall not be imposed until after a 10 9 hearing. All actions initiated by the commissioner are 10 10 subject to contested case proceedings and further review 10 11 pursuant to chapter 17A. 10 12 2. Any person who has had an application for a license 10 13 rejected shall be entitled to a hearing, contested case 10 14 proceedings, and further review pursuant to chapter 17A. 10 15 Sec. 10. NEW SECTION. 566B.10 VIOLATIONS – PENALTIES. 10 16 1. If an audit or investigation provides reasonable 10 17 evidence that a person has violated this chapter, or any rule 10 18 adopted pursuant to this chapter, the commissioner may issue 10 19 an order directed at the person to cease and desist from 10 20 engaging in such act or practice. In addition to any other 10 21 penalty, the commissioner may direct a licensee to pay the 10 22 reasonable costs of investigation of any complaint filed 10 23 pursuant to this chapter, unless the commissioner determines 10 24 the complaint to be totally without merit. 10 25 2. The commissioner shall notify the attorney general if 10 26 the commissioner finds that a business operated subject to 10 27 regulation under this chapter meets one or more of the 10 28 following grounds for the establishment of a receivership: 10 29 a. Is insolvent. 10 30 b. Has utilized trust funds for personal or business 10 31 purposes in a manner inconsistent with the requirements of 10 32 this chapter, and the amount of funds currently held in the 10 33 trust is less than the amount required by this chapter. 10 34 The commissioner or the attorney general may apply to the 10 35 district court in any county of the state for a receivership. 11 1 Upon proof of any of the grounds for a receivership described 11 2 in this section, the court may grant a receivership. 11 3 3. The commissioner or the attorney general may apply to 11 4 the district court for an injunction to restrain any licensee 11 5 subject to this chapter and any agents, employees, trustees, 11 6 or associates of the licensee from engaging in conduct or 11 7 practices deemed a violation of this chapter or rules adopted 11 8 pursuant to this chapter. Upon proof of any violation of this 11 9 chapter described in the petition for injunction, the court 11 10 may grant the injunction. The commissioner or the attorney 11 11 general shall not be required to post a bond. Failure to obey 11 12 a court order under this subsection constitutes contempt of 11 13 court. 11 14 4. A licensee who violates any of the provisions of this 11 15 chapter after notice to cease and desist, or who continues to 11 16 engage in the business of operating a pet cemetery or pet 11 17 crematorium after having had the person's license suspended or 11 18 revoked, or who, without a license to engage in the business 11 19 of operating a pet cemetery or pet crematorium, directly or 11 20 indirectly employs, permits, or authorizes an unlicensed 11 21 person to engage in the business of operating a pet cemetery 11 22 or pet crematorium, shall upon conviction for the first 11 23 offense be guilty of a serious misdemeanor. If the conviction 11 24 is for a subsequent offense committed after the first 11 25 conviction under this chapter, such person shall be guilty of 11 26 an aggravated misdemeanor. Each violation of this chapter 11 27 shall be deemed a separate offense. 11 28 5. The commissioner or the attorney general may include 11 29 the costs of investigation in any request for restitution made 11 30 to a court hearing a criminal action brought pursuant to a 11 31 violation of this chapter. 11 32 Sec. 11. NEW SECTION. 566B.11 DEDICATION OF REAL 11 33 PROPERTY FOR PET CEMETERY PURPOSES. 11 34 1. The owner of any real property used or to be used for a 11 35 pet cemetery shall file, or cause to be filed, in the office 12 1 of the county recorder of the county in which the real 12 2 property is located, a dedication restricting the real 12 3 property to be used only for purposes as are usual and 12 4 customary for the operation of a pet cemetery. The owner of 12 5 the real property shall additionally file a certified copy of 12 6 the dedication, together with notation of the date, time, 12 7 book, and page of filing by the county recorder with the 12 8 commissioner. The filing with the commissioner shall 12 9 additionally include a copy of a survey map and appropriate 12 10 zoning approvals as may be reasonably required by the 12 11 commissioner. 12 12 2. The owner or operator of every pet cemetery shall keep 12 13 adequate records of all purchasers of space for pet remains 12 14 within the grounds of such pet cemetery. 12 15 Sec. 12. NEW SECTION. 566B.12 REMOVAL OF DEDICATION OF 12 16 REAL PROPERTY. 12 17 A dedication restricting real property for the operation of 12 18 a pet cemetery may only be amended or removed by order of the 12 19 district court of the county where the pet cemetery is 12 20 located. A petition for amendment or removal of dedication 12 21 shall include written consent by all persons who purchased or 12 22 otherwise are entitled to rights of disposal or rights to 12 23 continuing care of a pet grave in that portion of the pet 12 24 cemetery for which the dedication is sought to be amended or 12 25 removed. If the portion of the pet cemetery for which the 12 26 dedication is sought to be amended or removed includes pet 12 27 remains, the pet remains must be removed, upon the written 12 28 consent of all persons who purchased or are otherwise entitled 12 29 to rights of disposal or rights to continuing care of a pet 12 30 grave, their heirs or assigns, with the removal to be entirely 12 31 at the cost of the owner of the pet cemetery. The court, upon 12 32 proof of diligent efforts and as determined by the court, may 12 33 dispense with the written consent of any person who purchased 12 34 or is otherwise entitled to rights of disposal whose 12 35 whereabouts, identity, or heirs or assigns are unknown. If 13 1 the court has dispensed with any person's written consent 13 2 under this section, the court may make a determination as to 13 3 the consideration appropriate for such consent and order that 13 4 the consideration be deposited with the court. The 13 5 consideration shall be paid to such person upon appropriate 13 6 proof of claim. The court shall proceed according to the 13 7 provisions of chapter 556 in regard to unclaimed 13 8 consideration. 13 9 The petition for amendment or removal of dedication may 13 10 additionally include an environmental audit if required by the 13 11 court, which shall identify any environmental problems caused 13 12 by the pet cemetery activity, including an identification of 13 13 pet disposal sites. If the environmental audit identifies any 13 14 environmental problem, a plan for the correction or 13 15 remediation of such problems shall be included, including 13 16 financial, human, and other resource estimates, and projected 13 17 time schedules for the completion of the corrective and 13 18 remedial actions, with the court to make any order on the 13 19 petition conditional upon the completion of any corrective and 13 20 remedial action or upon the deposit with the court of an 13 21 amount of money determined necessary to complete the 13 22 remediation or correction. 13 23 Sec. 13. NEW SECTION. 566B.13 AREA REQUIREMENTS. 13 24 A pet cemetery that commences operations on or after the 13 25 effective date of this Act and that provides for the permanent 13 26 interment of pets shall consist of not less than five 13 27 contiguous acres of real property in total area, inclusive of 13 28 any structures, facilities, or buildings situated thereon and 13 29 used for the business purposes of the pet cemetery. The 13 30 commissioner may grant a waiver of the minimum size limit 13 31 based on factors including the number of aboveground 13 32 entombments, the number of remains buried, and the nature of 13 33 the surrounding community. A city or municipality may adopt a 13 34 local ordinance that provides for an area requirement greater 13 35 than five contiguous acres of real property. 14 1 Sec. 14. NEW SECTION. 566B.14 MAINTENANCE FEES. 14 2 1. A pet cemetery owner may charge a pet owner a permanent 14 3 maintenance endowment fee for the care of the pet cemetery. 14 4 Any permanent maintenance endowment fee paid shall be placed 14 5 by the pet cemetery owner into a permanent maintenance 14 6 endowment care or similar trust fund. 14 7 2. In lieu of a permanent maintenance endowment fee, the 14 8 pet cemetery owner and a pet owner may enter into a contract 14 9 for care of the pet cemetery on an annual basis. The pet 14 10 owner shall then be charged an annual maintenance fee. Only 14 11 one contract for annual maintenance shall be entered into per 14 12 gravesite. The contract shall state specifically the amount 14 13 of the annual maintenance fee. The contract shall also state 14 14 that failure to pay the annual fee can result in the 14 15 disinterment of the pet. 14 16 a. The annual maintenance fee, billed each calendar year, 14 17 shall be deposited by the pet cemetery owner in the general 14 18 account of the pet cemetery to be used for pet cemetery 14 19 operation and maintenance during the succeeding years. For 14 20 the purposes of this section and section 566B.15, the term 14 21 "pet cemetery operation and maintenance" shall mean all costs 14 22 incurred to operate and maintain a pet cemetery, including 14 23 salaries and bonuses for employees, officers, and directors, 14 24 but shall not include any fines or penalties imposed on the 14 25 pet cemetery or its employees, officers, or directors by the 14 26 commissioner or other agency or court. 14 27 b. If the annual maintenance fee is not paid within ninety 14 28 days of the date due, the pet cemetery owner shall notify the 14 29 pet owner in writing that such fee is due and payable. If 14 30 such annual maintenance fee is not paid within ninety days of 14 31 the notice, the disposal rights or rights to continuing care 14 32 of a pet grave of the pet owner shall terminate. 14 33 c. If the annual maintenance fee is not paid within one 14 34 hundred eighty days of the date it is due, the disposal rights 14 35 of a pet owner shall terminate and the pet cemetery owner may 15 1 at anytime thereafter remove the pet remains and if removed 15 2 dispose of remains by mass cremation or mass burial. 15 3 d. A pet owner may prepay annual maintenance fees for any 15 4 number of years in advance. Prepaid annual maintenance fees 15 5 shall be deposited in the manner of permanent maintenance 15 6 endowment fees, and an annual statement shall be sent 15 7 reflecting the withdrawal of the annual maintenance fee and 15 8 the balance of prepaid annual maintenance fees remaining. 15 9 e. The pet cemetery owner shall maintain individual 15 10 records of account for each permanent maintenance endowment 15 11 fee and each annual maintenance fee contract pursuant to 15 12 section 566B.19, and shall make the records accessible to the 15 13 commissioner pursuant to section 566B.4. 15 14 Sec. 15. NEW SECTION. 566B.15 ENDOWMENT CARE – TRUST 15 15 FUNDS. 15 16 1. A pet cemetery that commenced operations prior to the 15 17 effective date of this Act shall establish an endowment care 15 18 or similar trust fund, the balance of which shall not be less 15 19 then twelve thousand dollars, by January 1, 2002. The 15 20 commissioner may grant a waiver to this requirement if an 15 21 endowment care or similar trust fund is established and twelve 15 22 thousand dollars is placed in such fund within a reasonable 15 23 amount of time not to exceed ten years from the effective date 15 24 of this Act, and if the provisions of this section will 15 25 present a significant financial hardship to the owner or 15 26 operator. 15 27 2. A pet cemetery that commences operations on or after 15 28 the effective date of this Act shall, prior to the acceptance 15 29 of any moneys as permanent maintenance endowment fees or 15 30 annual maintenance fees, establish an endowment care or 15 31 similar trust fund for the permanent operation and maintenance 15 32 of the pet cemetery, in an amount of not less than twelve 15 33 thousand dollars. 15 34 3. The fiduciary holding such endowment care or similar 15 35 trust fund shall have such power to invest the moneys in the 16 1 fund as set forth in chapter 633. The interest earnings of 16 2 such an endowment care fund shall be used for the maintenance 16 3 of both occupied and unoccupied lots or spaces. Any remaining 16 4 interest may be used for costs of access roads and paths, 16 5 fencing, and general maintenance of the pet cemetery. 16 6 4. Any distribution of the original twelve thousand dollar 16 7 principal of such an endowment care or similar trust fund 16 8 shall only be upon order of the district court of the county 16 9 where the pet cemetery is located, for good cause, and 16 10 exclusively for the operation and benefit of such pet 16 11 cemetery. Unless such distribution of principal shall be as 16 12 part of a removal of dedication for the pet cemetery, the 16 13 court order shall additionally make adequate provision for the 16 14 permanent maintenance of the pet cemetery. 16 15 5. A pet cemetery, owned and operated by a not-for-profit 16 16 corporation that has in excess of one million dollars in its 16 17 endowment care or similar trust fund, may use any surplus 16 18 income in the trust fund above and beyond its costs for pet 16 19 cemetery operation and maintenance in any manner allowed by 16 20 the not-for-profit corporation's articles or bylaws, provided 16 21 that the use of such surplus does not endanger the integrity 16 22 of the trust fund. 16 23 6. A pet cemetery, owned and operated by a not-for-profit 16 24 corporation that is a humane society, may be granted a waiver 16 25 of the provisions of this section by the commissioner if the 16 26 commissioner determines that the interests of the pet owners 16 27 will be adequately protected and the provisions of this 16 28 section present a significant financial hardship to the owner. 16 29 7. Such trust funds are not invalid by reason of any 16 30 indefiniteness or uncertainty of the persons designated as 16 31 beneficiaries, and such trust funds shall not be invalid as 16 32 violating any existing rule against perpetuities. 16 33 Sec. 16. NEW SECTION. 566B.16 PET DISPOSAL FORMS. 16 34 1. Each person who gives a veterinarian, a pet cemetery 16 35 owner, or pet crematorium owner a pet for disposal shall be 17 1 provided by the veterinarian, pet cemetery owner, or pet 17 2 crematorium owner with a pet disposal disclosure document, in 17 3 a form approved by the commissioner, which shall set forth the 17 4 alternative methods of pet disposal, the cost of each method 17 5 of pet disposal, if available, and the nature of or place in 17 6 which each method of disposal will be carried out. The 17 7 veterinarian, pet cemetery owner, or pet crematorium owner, as 17 8 the case may be, shall give to the person who completes the 17 9 form a copy of the form and retain a copy of the completed 17 10 form. If the person completing the form chooses to have the 17 11 pet disposed of by a pet cemetery or pet crematorium and makes 17 12 the arrangements for disposal through a veterinarian, the 17 13 veterinarian shall provide the person with the name, location, 17 14 and telephone number of the pet cemetery or pet crematorium so 17 15 that the person may obtain information about the pet cemetery 17 16 or pet crematorium. The veterinarian shall also ensure that a 17 17 copy of the pet disposal form accompanies the deceased pet 17 18 when the deceased pet is removed from the veterinarian's 17 19 office. 17 20 2. A veterinarian or pet cemetery operator may complete a 17 21 pet disposal form with the oral consent of the pet owner. 17 22 Such oral consent shall be witnessed and a record of such 17 23 consent and the completed pet disposal form shall be retained 17 24 in the veterinarian's or pet cemetery's records. A copy of 17 25 such completed pet disposal form shall be sent to the pet 17 26 owner. 17 27 3. If a pet owner is unwilling or unable to complete a pet 17 28 disposal form, a veterinarian may complete the pet disposal 17 29 form if two attempts are made to contact the pet owner. At 17 30 least one such attempt shall be made in writing and sent by 17 31 first-class mail. If the veterinarian completes the pet 17 32 disposal form without the consent of the pet owner, a copy of 17 33 the completed pet disposal form shall be retained by the 17 34 veterinarian along with the records of the attempts to contact 17 35 the pet owner. 18 1 4. A pet disposal form shall not be required if any of the 18 2 following apply: 18 3 a. The pet owner cannot be identified. 18 4 b. The pet remains originate with a municipality. 18 5 c. The pet is abandoned pursuant to section 162.19. 18 6 d. The pet is to be disposed of without charge to the pet 18 7 owner. 18 8 Sec. 17. NEW SECTION. 566B.17 DISPOSAL – COMPLIANCE. 18 9 A pet cemetery owner shall dispose of a pet in compliance 18 10 with a pet disposal form completed by a pet owner or 18 11 veterinarian. The pet cemetery owner shall, within ten days 18 12 of disposal by individual cremation or individual burial, send 18 13 or give a written confirmation of such disposal to the pet 18 14 owner or veterinarian, depending on instructions in the pet 18 15 disposal form, and shall attest to the method, date, and place 18 16 of disposal. If a pet is disposed of either through mass 18 17 cremation or mass burial, no written confirmation shall be 18 18 required. Copies of all forms shall be retained by the pet 18 19 cemetery owner and by the veterinarian for a period of two 18 20 years after disposal. All pet remains shall be buried at 18 21 least twelve inches below the surface of the ground, or in 18 22 accordance with section 167.12 in the case of a large domestic 18 23 animal, or otherwise disposed of in a sanitary manner. 18 24 Sec. 18. NEW SECTION. 566B.18 EXCLUSIONS. 18 25 The following pet cemeteries shall be exempt from the trust 18 26 fund provisions of section 566B.15, the dedication provisions 18 27 of section 566B.11, and the area requirement of section 18 28 566B.13: 18 29 1. A pet cemetery owned by a licensed veterinarian. 18 30 2. A pet cemetery located on land used in agricultural 18 31 production. 18 32 3. A pet cemetery that does not allow individual burials. 18 33 4. A pet cemetery that does not allow individual grave 18 34 markers. 18 35 5. A pet cemetery that does not charge a maintenance fee 19 1 for the care of pet graves. 19 2 6. A pet cemetery that does not make any representation 19 3 that pet graves will be cared for or that the land is 19 4 dedicated. 19 5 7. A pet cemetery that buries less than five animals a 19 6 year, makes no representation that the pet graves will be 19 7 cared for or that the land is dedicated, and does not charge a 19 8 maintenance fee for the care of the pet graves. 19 9 Sec. 19. NEW SECTION. 566B.19 DUTIES. 19 10 All owners and operators of pet cemeteries shall have the 19 11 following duties: 19 12 1. To keep permanently maps and records containing the 19 13 specific site of each pet grave, the grave owner's last known 19 14 address, the date of burial, the size of such grave, the 19 15 contract for sale of such grave, and pet disposal forms. 19 16 2. To keep complete records of the names of trustees of 19 17 any trust accounts and complete records of all trust fund 19 18 moneys. 19 19 3. To clearly inform customers of the option of paying 19 20 maintenance fees for care of pet graves, including costs and 19 21 benefits for permanent care for pet graves and annual care for 19 22 pet graves. 19 23 4. To cooperate with all reasonable requests of inspectors 19 24 appointed by the commissioner to inspect pet cemeteries and 19 25 pet crematoriums. 19 26 5. To provide notice to customers about hours that the 19 27 cemetery will be open to visitors to view pet graves. 19 28 The provisions of this section shall apply only to 19 29 individual burials. 19 30 Sec. 20. Section 167.1, Code 2001, is amended to read as 19 31 follows: 19 32 167.1 SCOPE. 19 33 This chapter shall not apply tolicensedthe following: 19 34 1. Licensed slaughterhouses, or to the disposal, by 19 35 licensed slaughterhouses, of the bodies of animals, or any 20 1 part thereof, slaughtered for human food. 20 2 2. The disposal of the remains of pets pursuant to chapter 20 3 566B. 20 4 EXPLANATION 20 5 This bill makes legislative findings regarding the 20 6 importance of the relationship of pets to humans, and the 20 7 protection of the pet owner from unconscionable acts on the 20 8 part of persons in the business of providing for the disposal 20 9 of the remains of deceased pets. 20 10 The bill provides definitions to be used in new Code 20 11 chapter 566B. The definitions include terms related to the 20 12 business of disposal of pet remains, such as "entombment", 20 13 which means the placement of a pet in a grave or tomb; 20 14 "inurnment", meaning the placement of pet cremains in a grave, 20 15 urn, or tomb; and general terms, such as "pet", meaning any 20 16 domestic animal that had been adapted or tamed to live in 20 17 intimate association with people, including, but not limited 20 18 to, dogs, cats, rodents, fish, birds, snakes, turtles, 20 19 lizards, frogs, and rabbits; and "pet cemetery", meaning any 20 20 land, place, structure, facility, or building provided by any 20 21 person for a fee, whether or not for profit, to veterinarians 20 22 or members of the general public for use for the permanent 20 23 interment or inurnment of pet remains. The businesses 20 24 regulated by Code chapter 566B are under the authority of the 20 25 commissioner of insurance. 20 26 The bill provides in new Code section 566B.3 that a license 20 27 shall be required for a person to engage for a fee in the 20 28 business of operating a pet cemetery or pet crematorium. 20 29 New Code section 566B.4 grants to the commissioner 20 30 authority to adopt rules, create forms, investigate applicants 20 31 for licensure, keep records of licenses issued, suspended, or 20 32 revoked, provide standards and an enforcement process for 20 33 operation of a facility, conduct inspections of premises and 20 34 financial audits of pet cemeteries and pet crematoriums, 20 35 subpoena records for an action taken pursuant to the chapter, 21 1 and provide procedures to protect consumers when a license to 21 2 operate a facility is suspended, revoked, or not renewed. 21 3 New Code section 566B.5 provides requirements for 21 4 application for licensure to conduct the business of operating 21 5 a pet cemetery or pet crematorium. New Code section 566B.6 21 6 provides for the term, the transferability, and the renewal of 21 7 licenses, and for a duplicate license in case of loss or 21 8 destruction. A licensee is also required to notify the 21 9 commissioner within 30 days of any change in address of the 21 10 place of business or the residence of a licensee. 21 11 New Code section 566B.7 requires a fee of $150 for a new 21 12 license or the renewal of a license, and provides for a fee of 21 13 $25 for a duplicate license, and $10 for change of name or 21 14 address. A municipality seeking a license to operate a pet 21 15 cemetery or pet crematorium shall not be charged any fees. 21 16 The moneys derived from the fees are appropriated to the 21 17 commissioner for the expenses of administration, licensing, 21 18 and inspections conducted pursuant to the chapter. 21 19 New Code section 566B.8 provides circumstances that allow 21 20 the commissioner to deny a license application, and 21 21 circumstances under which a license can be suspended or 21 22 revoked. The prohibited circumstances include fraud or 21 23 bribery in securing a license, making any false statement of 21 24 material fact in the application or any certificate required 21 25 by the chapter, incompetence, failure to display the license, 21 26 violation of the provisions of the chapter, conviction of a 21 27 crime involving fraud, theft, perjury, or bribery, failure to 21 28 retain pet disposal forms, failure to comply with the duties 21 29 of an owner or operator of a pet cemetery or pet crematorium 21 30 as set out in the chapter, or conviction of a violation of 21 31 Code chapter 717B regarding injury to animals. A licensee 21 32 whose license has been revoked may not be reinstated for five 21 33 years from the date of revocation, and must reapply for a 21 34 license under Code section 566B.5. 21 35 New Code section 566B.9 requires that any license 22 1 suspension or revocation, or the imposition of any fine or 22 2 reprimands, shall not be imposed until after a hearing, and 22 3 all actions initiated by the commissioner are subject to 22 4 contested case proceedings and further review pursuant to Code 22 5 chapter 17A. 22 6 New Code section 566B.10 provides penalties for violations 22 7 by a licensee, including an order to cease and desist. The 22 8 commissioner shall notify the attorney general if a 22 9 receivership is required because a licensee is insolvent or 22 10 has utilized trust funds for personal or business purposes 22 11 inconsistent with the requirements of the chapter. The 22 12 commissioner or the attorney general may seek an injunction to 22 13 restrain a licensee from engaging in conduct or practices 22 14 deemed a violation of the chapter or rules adopted pursuant to 22 15 the chapter. A licensee who persists in the violation after 22 16 notice to cease and desist, or after a license is suspended or 22 17 revoked, shall upon conviction for a first offense be guilty 22 18 of a serious misdemeanor. If the conviction is for a 22 19 subsequent offense, the person shall be guilty of an 22 20 aggravated misdemeanor. A serious misdemeanor is punishable 22 21 by confinement for no more than one year and a fine of at 22 22 least $250 but not more than $1,500. An aggravated 22 23 misdemeanor is punishable by confinement for no more than two 22 24 years and a fine of at least $500 but not more than $5,000. 22 25 New Code section 566B.11 provides for the dedication of 22 26 real property for pet cemetery purposes, by the filing by the 22 27 owner of any real property of a dedication restricting the 22 28 real property to use only as a pet cemetery. The owner of any 22 29 such pet cemetery shall keep adequate records of purchasers of 22 30 space for pet remains within the pet cemetery. 22 31 New Code section 566B.12 provides for the removal of the 22 32 dedication of real property as a pet cemetery by order of the 22 33 district court. The petition for a removal of dedication 22 34 shall contain written consent of all persons who purchased or 22 35 are otherwise entitled to rights of disposal or rights of 23 1 continuing care of a pet grave. If consent cannot be 23 2 obtained, upon proof of diligent effort, the court may 23 3 dispense with the consent and require appropriate 23 4 consideration be deposited with the court, to be paid to the 23 5 person whose consent was dispensed with, the personal heirs, 23 6 or assigns, upon the appropriate proof of claim. The petition 23 7 may also require an environmental audit, if required by the 23 8 court, including a plan for the correction or remediation of 23 9 any environmental problem found, financial, human, and other 23 10 resource estimates, and projected time schedules for 23 11 completion of the corrective and remedial actions. The court 23 12 shall make any order on the petition conditional upon the 23 13 completion of any corrective and remedial action or upon the 23 14 deposit with the court of an amount of money determined 23 15 necessary for completion. 23 16 New Code section 566B.13 requires at least five contiguous 23 17 acres of real property, inclusive of structures, for a pet 23 18 cemetery, and provides that the commissioner may grant a 23 19 waiver of the minimum size limit. A city or municipality may 23 20 adopt an ordinance requiring more than five acres of 23 21 contiguous real property for the operation of a pet cemetery. 23 22 New Code section 566B.14 provides that maintenance fees for 23 23 the pet cemetery may be charged as permanent maintenance 23 24 endowment fees or as annual maintenance fees. A pet cemetery 23 25 owner must establish a trust account for the permanent 23 26 maintenance endowment fees. Annual fees must be billed each 23 27 calendar year, and upon receipt may be placed in the general 23 28 account of the business and used for operation and maintenance 23 29 costs, including salaries. If annual maintenance fees are not 23 30 paid within 180 days, the disposal rights of a pet owner 23 31 terminate, and the pet cemetery owner may remove and dispose 23 32 of the remains by mass cremation or mass burial. Pet owners 23 33 may prepay annual maintenance fees, and the prepaid fees shall 23 34 be deposited in the trust fund and withdrawn upon an annual 23 35 basis, and a statement sent to the pet owner reflecting the 24 1 withdrawal of the annual amount and the balance or prepaid 24 2 annual maintenance fees remaining. The owner shall maintain 24 3 individual records of account for each maintenance fee 24 4 contract. 24 5 New Code section 566B.15 provides requirements for an 24 6 endowment fund for each pet cemetery, in the amount of 24 7 $12,000. Pet cemeteries currently in existence shall 24 8 establish trust accounts by January 1, 2002, or be granted a 24 9 waiver by the commissioner, which may extend up to 10 years 24 10 from the effective date of this bill. New licensees shall 24 11 establish the trust account prior to accepting any permanent 24 12 maintenance endowment fees or annual maintenance fees. The 24 13 trust fund moneys may be invested as set forth in Code chapter 24 14 633, with the interest earnings to be used for the maintenance 24 15 of both occupied and unoccupied lots or spaces, and any 24 16 remaining interest to be used for costs of access roads, 24 17 paths, fencing, and general maintenance. Any distribution of 24 18 the original $12,000 principal shall only occur by order of 24 19 court, for good cause, and exclusively for the operation and 24 20 benefit of the pet cemetery. A pet cemetery owned by a not- 24 21 for-profit corporation may distribute surplus income over $1 24 22 million in any manner allowed in the not-for-profit 24 23 corporation's articles or bylaws, if the use of the surplus 24 24 does not endanger the integrity of the trust fund. The 24 25 commissioner may waive these provisions for a not-for-profit 24 26 corporation that is a humane society if the commissioner 24 27 determines that the interests of the pet owners will be 24 28 adequately protected and the requirements would present a 24 29 significant hardship to the not-for-profit corporation. 24 30 New Code section 566B.16 requires that a pet disposal form 24 31 be completed for every deceased pet, which sets out the 24 32 alternative methods of pet disposal, the costs of each, and 24 33 the nature of or place each method will be carried out. The 24 34 form may be completed by a veterinarian or the owner of the 24 35 deceased pet. Provisions are made by which a veterinarian may 25 1 complete a form if a pet's owner is unknown, or if the pet 25 2 owner refuses to complete a form. 25 3 New Code section 566B.17 provides that disposal of pets 25 4 shall be in compliance with the pet disposal forms, and that, 25 5 within 10 days of disposal, a licensee shall give written 25 6 confirmation of the disposal to the pet owner or veterinarian, 25 7 attesting to the method, date, and place of disposal. Copies 25 8 of the forms shall be retained by the licensee and the 25 9 veterinarian for two years after the disposal. All pet 25 10 remains shall be buried at least 12 inches below the surface 25 11 of the ground or in accordance with Code section 167.12 in the 25 12 case of a large domestic animal. 25 13 New Code section 566B.18 provides exclusions from the trust 25 14 fund requirements for pet cemeteries that are owned by a 25 15 licensed veterinarian, located on ground used in agricultural 25 16 production, do not allow individual burials, do not allow 25 17 individual grave markers, do not charge a maintenance fee for 25 18 the care of pet graves, do not make any representations that 25 19 pet graves will be cared for or that the land is dedicated, 25 20 and bury less than five animals a year and make no 25 21 representations that pet graves will be cared for or that the 25 22 land is dedicated, and do not charge a maintenance fee. 25 23 New Code section 566B.19 provides that owners and operators 25 24 of pet cemeteries must keep maps and records of specific sites 25 25 of each pet grave, the grave owner's last known address, the 25 26 date of the burial, the size of the grave, the contract for 25 27 sale of the grave and the pet disposal forms, and complete 25 28 records of trust accounts. A pet cemetery owner must also 25 29 clearly inform customers of the option of paying maintenance 25 30 fees for care of pet graves, including costs and benefits for 25 31 permanent endowment and annual care maintenance, and provide 25 32 customers with the hours of business the cemetery will be open 25 33 to visitors to view pet graves. The section also requires 25 34 cooperation by the pet cemetery or pet crematorium owners with 25 35 all reasonable requests of inspectors. 26 1 Finally, the bill amends Code section 167.1 to add the 26 2 disposal of the remains of pets pursuant to Code chapter 566B 26 3 to the exclusion from the provisions of Code chapter 167, the 26 4 use and disposal of dead animals. 26 5 LSB 2848HH 79 26 6 vl/gg/8
Text: HF00700 Text: HF00702 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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