Senate File 329
SENATE FILE
BY DOTZLER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the licensure of persons owning or operating
2 pet cemeteries and pet crematoriums, establishing standards
3 and fees, making an appropriation, and providing for criminal
4 penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2775SS 80
7 av/pj/5
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 to 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 chapter 189A.
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, 2003, 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 reprimand, 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 than twelve thousand dollars, by January 1, 2004. 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 2003, is amended to read as
19 31 follows:
19 32 167.1 SCOPE.
19 33 This chapter shall not apply to licensed slaughterhouses,
19 34 or to the disposal, by licensed the following:
19 35 1. Licensed slaughterhouses, of the bodies of animals, or
20 1 any 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 Code 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 reprimand, shall not be imposed until after a hearing, and all
22 3 actions initiated by the commissioner are subject to contested
22 4 case proceedings and further review pursuant to Code chapter
22 5 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 of 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, 2004, 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 2775SS 80
26 6 av/pj/5