November 5, 2015

VIRGINIA CEMETERY ASSOCIATION

Angela Byrum, President

RE: VCA Comments on 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.

We do not disagree that it’s important for all our customers to be fully aware of such a section of the cemetery; we just want to offer alternatives that are more narrowly drawn.

To that end, we would like to offer the following options that will achieve a similar result- ensuring that all customers are aware of a pet/human section of the cemetery.

Option 1:

Delete Item 16 and amend Item 17 as follows:

17. 16. 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.

OR

Option 2:

Amend Item 16 as follows:

16. If a cemetery company has a section devoted to the interment of pets or the interment of human remains and the pets of such deceased humans, any advertisements failing to clearly state the cemetery company has such section(s) in its cemetery. and the GPL fails to clearly state the cemetery company has such section(s) in its cemetery. 

We appreciate the Board considering alternatives that will achieve our common goal with less burdensome and untenable requirements.  Thank you again for your work on these important regulations.

Sincerely,

Angela Byrum

President

Blair H. Nelsen CFUE, CCRE, CFSP

Director, Eastern Region -- 416 West Franklin Street -- Richmond, Virginia  23220

November 6,2015

Cemetery Board

Department of Professional and Occupational Regulation

9960 Mayland Drive, Suite 400

Richmond VA 23233-1485

RE:      Revisions to 18 VAC 47-20-180, 18 VAC 47-20-190, 18 VAC 47-20-270,

and 18 VAC 47-20-280

via electronic delivery

Dear Sir or Madam:

I write to you on behalf of Service Corporation International (“SCI”) and its affiliates doing business in the State of Virginia.  Please accept this letter as SCI’s submission of its comments related to the Cemetery Board’s proposed revisions to 18 VAC 47-20-180, 18 VAC 47-20-190, 18 VAC 47-20-270, and 18 VAC 47-20-280.  Thank you for taking the time to review my letter.

SCI is in agreement with the proposed changes to 18 VAC 47-20-180, 18 VAC 47-20-270, and 18 VAC 47-20-280.  In regards to the proposed changes in section 18 VAC 47-20-190 and 18 VAC 47-20-190, I believe that the language in sub-sections 16 and 17 may create a burden for cemeteries.  Therefore, I suggest some amendments which I believe will have the same intended effect of ensuring that the public is aware of the existence of a pet/human section within a cemetery.

Below are the suggested amendments to the proposed revisions:

Option 1 -- STRIKE Item 16 & Amend Item 17 to read: "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."

Option 2 -- AMEND Item 16 to read:  "If a cemetery company has a section devoted to the interment of pets or the interment of human remains and the pets of such deceased humans, any advertisements failing to clearly state the cemetery company has such section(s) in its cemetery. and the GPL fails to clearly state the cemetery company has such section(s) in its cemetery."

SCI hopes that the Board will consider the above suggested amendments.  Please feel free to contact me if you would like to discuss further.

Very truly yours,

Blair H. Nelsen CFUE, CCRE, CFSP

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

Stafford Memorial Park

Operated by HCS Holding Company, LLC

154 Shelton Shop Road

Stafford VA  22554

(540) 659-2191 Phone                                                     

(540) 288-1021 Facsimile

November 6, 2015

DPOR, Cemetery Board

9960 Mayland Drive, Suite 102

Richmond VA 23233         

RE: Comments on 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. 

We do not disagree that it’s important for all our customers to be fully aware of such a section of the cemetery; we just want to offer alternatives that are more narrowly drawn. 

To that end, we would like to offer the following suggested changes that will achieve a similar result- ensuring that all customers are aware of a pet/human section of the cemetery.

1. 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. 

1. Amend Item 16 as follows:

If a cemetery company has a section devoted to the interment of pets or the interment of human remains and the pets of such deceased humans, if the GPL fails to clearly state the cemetery company has such section(s) in its cemetery. 

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 the work on these important regulations. 

Sincerely,

Caroline S. Smyth, President