| Action | Special Interments of Human Remains & Pets of Deceased Humans |
| Stage | Proposed |
| Comment Period | Ended on 11/6/2015 |
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November 4, 2015
Cemetery Board
Commonwealth of Virginia
9960 Mayland Drive
Richmond, VA 23233
Re: Proposed regulations regarding pet/human section of cemeteries
Dear Chairman Gilliam and Cemetery Board:
Thank you for the opportunity to offer our comments on the draft regulations, as directed by HB 588 creating sections of cemeteries for the interment of human remains and their pets. We commend the Board and DPOR staff on the proposed regulations; clearly much thought and discussion went into crafting the language.
However, we do have concerns about the broad interpretation of 18VAC47-20-190 #16. The new statute (§54.1-2312.01) states that a cemetery may have a pet and/or human section provided that, amongst other things, “The section of the cemetery is clearly marked and advertised as such by the cemetery company.” We believe that the legislature intended the language to mean that the section of the cemetery must be clearly marked and also clearly advertised at the cemetery itself. We do not believe that their intent was for every advertisement that the cemetery purchases to include a disclaimer that there is a pet and human section of the cemetery. Such a requirement as currently drafted in the regulations, could prove to be an expensive, overly burdensome and unnecessary mandate.
Our relatively new cemetery in Blacksburg has small ads in church bulletins informing church members of our beautiful cemetery. Additional language relating to the pet or pet/human section(s) would require doubling our space requirements in these informational ads.
We certainly (by all means) agree that the pet and pet/human section(s) should be clearly marked and obvious to anyone passing through the cemetery.
We would like to offer the following suggested changes that will achieve the desired result- ensuring that all customers are aware of a pet/human section of the cemetery.
Amend item 16 as follows:
16. If the GPL of a cemetery company which has a section devoted to the interment of pets or the interment of human remains and the pets of such deceased humans fails to clearly state that the cemetery company has a section(s) in its cemetery devoted to such interments.
(OR)
Delete item 16 and amend Item 17 as follows:
17. Failing to clearly mark or advertise the section(s) devoted to the interment of pets or the interment of human remains and the pets of such deceased humans with signage that is reasonably apparent to the general public.
We appreciate the consideration of the Board for alternatives that will achieve our common goals with less burdensome and untenable requirements.
Thank you again for your work on these important regulations.
Respectfully submitted,
James E. Lucas, President Gail C. Lucas, Sec/Treas