Bill Text: IA SSB3180 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the disposal of companion animal remains, including by providing for the licensure of persons owning or operating companion animal cemeteries and crematoriums, establishing standards and fees, making an appropriation, and providing criminal penalties.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-13 - In Agriculture [SSB3180 Detail]
Download: Iowa-2013-SSB3180-Introduced.html
Senate
Study
Bill
3180
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
SENG)
A
BILL
FOR
An
Act
relating
to
the
disposal
of
companion
animal
remains,
1
including
by
providing
for
the
licensure
of
persons
owning
2
or
operating
companion
animal
cemeteries
and
crematoriums,
3
establishing
standards
and
fees,
making
an
appropriation,
4
and
providing
criminal
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
LEGISLATIVE
FINDINGS.
1
1.
The
general
assembly
finds
that
the
relationships
that
2
humans
develop
with
other
members
of
the
animal
kingdom
that
3
are
taken
into
homes
and
maintained
as
companions
are
unique
4
and
special.
These
relationships
can
enrich
lives
and
increase
5
happiness.
Even
after
the
death
of
a
companion
animal,
human
6
attachment
to
the
memory
of
the
companion
animal
often
remains
7
very
strong
and
many
people
feel
the
need
to
memorialize
the
8
love
felt
for
the
animal
by
burying
the
companion
animal
in
9
a
companion
animal
cemetery.
Companion
animal
cemeteries
10
and
their
owners
and
operators
have
a
special
responsibility
11
to
customers
who
have
entrusted
pet
remains
to
them.
These
12
companion
animal
cemeteries
have
a
duty
to
act
in
an
ethical
13
and
lawful
manner
to
prevent
grieving
companion
animal
14
owners
from
experiencing
further
emotional
pain
or
financial
15
manipulation.
Perpetrations
of
fraud
against
grieving
16
companion
animal
owners
are
unconscionable.
17
2.
The
general
assembly
further
finds
that
the
people
18
of
this
state
have
a
vital
interest
in
the
establishment,
19
maintenance,
and
preservation
of
companion
animal
cemeteries
20
and
companion
animal
crematoriums
and
the
proper
operation
21
of
the
businesses
and
individuals
that
own
and
manage
the
22
businesses.
This
chapter
is
determined
to
be
an
exercise
of
23
the
police
powers
of
this
state
to
protect
the
well-being
of
24
citizens
of
this
state,
to
promote
the
public
welfare,
to
25
promote
the
health
of
the
public,
and
to
prevent
companion
26
animal
cemeteries
and
companion
animal
crematoriums
from
27
falling
into
disrepair
and
dilapidation
and
becoming
a
burden
28
upon
the
community.
29
Sec.
2.
Section
167.1,
Code
2014,
is
amended
to
read
as
30
follows:
31
167.1
Scope.
32
This
chapter
shall
not
apply
to
licensed
slaughterhouses,
or
33
to
the
disposal,
by
licensed
the
following:
34
1.
Licensed
slaughterhouses,
of
the
bodies
of
animals,
or
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any
part
thereof,
slaughtered
for
human
food.
1
2.
The
disposal
of
the
remains
of
companion
animals
pursuant
2
to
chapter
523J.
3
Sec.
3.
Section
455B.304,
Code
2014,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
20.
The
commission
shall
adopt
rules
for
6
the
disposal
of
companion
animals
buried
pursuant
to
chapter
7
523J
in
consultation
with
the
commissioner
of
insurance.
8
Sec.
4.
NEW
SECTION
.
523J.1
Definitions.
9
As
used
in
this
chapter,
unless
the
context
requires
10
otherwise:
11
1.
“Commissioner”
means
the
commissioner
of
insurance
or
the
12
commissioner’s
designee.
13
2.
“Companion
animal”
means
any
domestic
animal
that
has
14
been
adapted
or
tamed
to
live
under
the
immediate
and
permanent
15
care
of
humans,
including
but
not
limited
to
dogs,
cats,
16
horses,
rodents,
fish,
birds,
snakes,
turtles,
lizards,
frogs,
17
and
rabbits.
18
3.
a.
“Companion
animal
cemetery”
means
any
land,
place,
19
structure,
facility,
or
building
provided
by
any
person
for
a
20
fee,
whether
or
not
for
profit,
to
veterinarians
or
members
21
of
the
general
public
for
use,
or
reservation
for
use,
for
22
the
permanent
interment
or
inurnment
above
or
below
ground
of
23
companion
animal
remains.
24
b.
“Companion
animal
cemetery”
does
not
include
any
of
the
25
following:
26
(1)
Rendering
plants
regulated
pursuant
to
chapter
189A.
27
(2)
A
landfill
or
other
disposal
facility
at
which
solid
28
waste,
or
its
residue
after
treatment,
is
intentionally
placed
29
and
at
which
solid
waste
is
required
to
remain
indefinitely,
30
pursuant
to
chapter
455B.
31
4.
“Companion
animal
cemetery
operation
and
maintenance”
32
means
all
costs
incurred
to
operate
and
maintain
a
companion
33
animal
cemetery,
including
salaries
and
bonuses
for
employees,
34
officers,
and
directors,
but
shall
not
include
any
fines
or
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penalties
imposed
on
the
companion
animal
cemetery
or
its
1
employees,
officers,
or
directors
by
the
commissioner
or
other
2
agency
or
court.
3
5.
a.
“Companion
animal
crematorium”
means
any
land,
place,
4
structure,
facility,
or
building
provided
by
any
person
for
a
5
fee,
whether
or
not
for
profit,
to
veterinarians
or
members
6
of
the
general
public
for
the
cremation
of
companion
animals.
7
However,
a
companion
animal
crematorium
shall
not
provide
for
8
permanent
interment
or
inurnment
of
companion
animal
remains.
9
b.
“Companion
animal
crematorium”
does
not
include
a
10
facility
designed
for
resource
recovery
or
infectious
medical
11
waste
incinerators,
both
as
regulated
by
chapter
455B.
12
6.
a.
“Companion
animal
owner”
means
the
person
who
is
13
listed
as
the
owner
of
the
companion
animal
in
veterinary
14
records
or
companion
animal
cemetery
or
crematorium
records
or
15
the
person’s
agent
or
employee.
16
b.
If
a
companion
animal
owner
is
a
minor,
a
parent
or
legal
17
guardian
of
the
minor
or
the
parent’s
or
legal
guardian’s
agent
18
or
employee
shall
be
deemed
the
companion
animal
owner
for
19
the
purposes
of
the
companion
animal
disposal
disclosure
form
20
required
in
section
523J.15.
21
7.
“Entombment”
means
the
placement
of
a
companion
animal
22
in
a
grave
or
tomb.
23
8.
“Individual
burial”
means
any
of
the
following:
24
a.
The
interment
of
a
single
companion
animal’s
remains
in
25
a
separate
grave.
26
b.
The
interment
of
more
than
one
companion
animal
in
a
27
grave
with
the
written
consent
of
the
companion
animal
owner.
28
9.
“Individual
cremation”
means
the
cremation
of
a
single
29
companion
animal’s
remains
in
a
separate
receptacle
that
allows
30
the
companion
animal’s
cremains
to
remain
separate
from
the
31
cremains
of
other
companion
animals.
32
10.
“Inurnment”
means
the
placement
of
companion
animal
33
cremains
in
a
grave,
urn,
or
tomb.
34
11.
“Licensee”
means
a
person
licensed
to
engage
in
the
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business
of
operating
a
companion
animal
cemetery
or
companion
1
animal
crematorium
under
this
chapter.
2
12.
“License
fee
and
renewal
fee”
means
the
fees
required
to
3
accompany
an
application
for
issuance
of
any
license,
including
4
any
temporary,
apprentice,
or
renewal
license,
pursuant
to
this
5
chapter.
6
13.
“Mass
burial”
means
the
interment
of
companion
animal
7
remains
communally
in
a
grave
containing
more
than
one
8
companion
animal.
9
14.
“Mass
cremation”
means
the
cremation
of
companion
10
animals
communally
in
a
receptacle
containing
more
than
one
11
companion
animal.
12
15.
“Veterinarian”
means
a
person
licensed
to
practice
the
13
profession
of
veterinary
medicine
pursuant
to
chapter
169.
14
Sec.
5.
NEW
SECTION
.
523J.2
License
required.
15
On
and
after
December
1,
2014,
a
person
shall
not
engage
for
16
a
fee
in
the
business
of
operating
a
companion
animal
cemetery
17
or
companion
animal
crematorium
or
represent
the
person
as
18
being
able
to
do
so
unless
the
person
is
licensed
pursuant
19
to
this
chapter.
A
person
licensed
in
accordance
with
this
20
chapter
may
employ
individuals
to
assist
in
the
operation
of
a
21
companion
animal
cemetery
or
companion
animal
crematorium.
22
Sec.
6.
NEW
SECTION
.
523J.3
Authority
to
adopt
rules
——
23
powers.
24
In
addition
to
specific
authority
granted
elsewhere
in
25
this
chapter,
the
commissioner
shall
adopt
administrative
26
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
27
chapter,
and
issue
orders
as
necessary
to
administer
this
28
chapter.
The
rules
shall
include
but
are
not
limited
to
doing
29
all
of
the
following:
30
1.
Appointing
an
adequate
number
of
assistants,
inspectors,
31
and
other
employees
as
may
be
necessary
to
administer
this
32
chapter,
to
prescribe
duties,
and
to
fix
compensation.
33
2.
Establishing
the
form
and
content
of
applications
34
for
licenses,
the
procedure
for
the
application
process,
the
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standards
for
licensure,
and
the
disciplinary
process
and
1
penalties
for
violations
of
the
standards
of
licensure.
2
3.
Investigating
applicants
and
determining
their
3
eligibility
for
licenses
under
this
chapter.
4
4.
Keeping
records
of
all
licenses
issued,
suspended,
or
5
revoked.
6
5.
Providing
standards
and
an
enforcement
process
for
7
operation
of
a
facility
for
companion
animal
disposal
for
a
8
fee,
whether
by
earth
burial,
entombment,
inurnment,
cremation,
9
or
otherwise,
the
form
and
content
of
companion
animal
disposal
10
disclosure
forms,
and
registration
of
disposals
by
companion
11
animal
cemeteries
or
companion
animal
crematoriums.
12
6.
Entering
the
office,
grounds,
and
buildings
of
any
13
companion
animal
cemetery
or
companion
animal
crematorium
14
periodically
or
upon
receiving
a
complaint
to
determine
15
compliance
with
this
chapter.
Local
boards
of
health
shall
16
cooperate,
upon
the
request
of
the
commissioner,
by
conducting
17
the
periodic
inspections
as
well
as
inspections
pursuant
to
18
complaints
to
facilitate
the
enforcement
of
this
chapter,
19
and
the
commissioner
may
delegate
authority
to
a
local
board
20
to
enforce
rules
and
sanctions
adopted
and
imposed
by
the
21
commissioner.
A
local
board
of
health
shall
be
compensated
for
22
services
under
this
provision
at
a
rate
established
by
rule.
23
The
costs
of
periodic
inspections
shall
not
be
charged
to
a
24
licensee.
However,
the
costs
of
investigations
of
complaints
25
may
be
charged
to
a
licensee.
26
7.
Conduct
a
financial
audit
of
all
business
records,
27
trust
fund
records,
and
companion
animal
disposal
disclosure
28
forms
for
any
companion
animal
cemetery
or
companion
animal
29
crematorium.
30
8.
Issue
a
subpoena
for
persons
or
records
deemed
31
appropriate
to
an
investigation
or
any
other
action
taken
32
pursuant
to
this
chapter.
33
9.
Providing
procedures
to
regulate,
for
the
protection
of
34
consumers,
the
operation
of
companion
animal
cemeteries
and
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companion
animal
crematoriums
whose
licenses
to
operate
are
1
suspended,
revoked,
or
not
renewed.
2
10.
Providing
standards
for
the
burial
or
cremation
of
3
companion
animals
in
cooperation
with
the
department
of
natural
4
resources.
5
Sec.
7.
NEW
SECTION
.
523J.4
License
——
application.
6
1.
A
person
may
make
application
to
the
commissioner
to
7
obtain
a
license
to
engage
in
the
business
of
operating
a
8
companion
animal
cemetery
or
companion
animal
crematorium
under
9
this
chapter.
The
application
form
shall
be
provided
by
the
10
commissioner
and
shall,
at
a
minimum,
require
the
signature
of
11
the
applicant
and
that
the
applicant
shall
provide
all
of
the
12
following
information:
13
a.
The
name
and
address
of
the
applicant
as
follows:
14
(1)
If
an
individual,
the
name
under
which
the
business
is
15
to
be
conducted.
16
(2)
If
a
partnership,
the
name
and
business
address
of
each
17
partner,
and
the
name
under
which
business
is
to
be
conducted.
18
(3)
If
a
corporation,
the
name
of
the
corporation
and
19
the
name
and
business
address
of
each
shareholder
of
the
20
corporation
holding
more
than
ten
percent
of
the
total
shares.
21
b.
The
complete
address
or
addresses
where
the
business
is
22
to
be
conducted.
23
c.
A
summary
of
all
relevant
experience
of
all
persons
24
listed
in
paragraph
“a”
,
in
the
operation
of
a
cemetery,
25
companion
animal
cemetery,
crematorium,
companion
animal
26
crematorium,
or
in
the
management
of
funds.
27
d.
Satisfactory
evidence
of
good
moral
character.
28
e.
Further
information
as
the
commissioner
may
prescribe
by
29
rule.
30
2.
The
commissioner
shall
not
issue
a
license
to
any
person
31
if
any
of
the
following
applies:
32
a.
The
person
had
a
license
to
operate
a
companion
animal
33
cemetery
or
companion
animal
crematorium
suspended
or
revoked
34
by
the
commissioner.
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b.
The
person
as
been
convicted
within
the
last
five
years
1
of
a
felony
under
the
laws
of
this
state
involving
fraud,
2
bribery,
perjury,
or
theft,
or
has
been
convicted
under
the
3
laws
of
any
other
state
or
of
the
United
States
of
a
criminal
4
offense
which,
if
committed
and
prosecuted
in
this
state,
would
5
constitute
a
similar
felony
under
such
laws
of
this
state.
6
3.
Any
person
who
has
had
an
application
for
a
license
7
rejected
by
the
commissioner
may
appeal
pursuant
to
section
8
523J.8.
9
Sec.
8.
NEW
SECTION
.
523J.5
Licenses
——
display
——
renewal
10
——
duplicates.
11
1.
A
license
issued
pursuant
to
this
chapter
shall
be
for
12
a
period
of
two
years.
13
2.
A
license
shall
not
be
assignable
or
transferable
except
14
as
follows:
15
a.
A
license
to
conduct
the
business
of
operating
a
16
companion
animal
cemetery
or
companion
animal
crematorium
17
issued
to
an
individual
may
be
assigned
or
transferred
for
the
18
remainder
of
the
license
period
to
a
partnership
or
corporation
19
if
the
individual
is
a
member
of
the
partnership
or
an
officer
20
of
the
corporation
at
the
time
of
the
assignment
or
transfer.
21
b.
A
license
issued
to
a
partnership
may
be
assigned
or
22
transferred
for
the
remainder
of
the
license
period
to
any
one
23
member
of
the
partnership,
provided
the
consent
of
all
of
the
24
other
members
of
the
partnership
is
obtained.
25
c.
A
license
issued
to
a
corporation
may
be
assigned
or
26
transferred
for
the
remainder
of
the
license
period
to
any
27
officer
of
the
corporation,
provided
the
consent
of
all
of
the
28
other
officers
of
the
corporation
is
obtained.
29
3.
Any
application
for
assignment
or
transfer
of
a
license
30
must
be
submitted
to
the
commissioner,
accompanied
by
the
31
documents
demonstrating
compliance
with
the
requirements
32
of
subsection
2.
An
assignment
or
transfer
shall
not
be
33
effective
until
the
license
has
been
returned
to
the
assignee
34
or
transferee
with
the
commissioner’s
approval.
Fees
are
not
35
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applicable
to
assignments
or
transfers
of
licenses.
1
4.
A
bona
fide
purchaser
of
a
business
licensed
under
2
this
chapter
may
continue
to
use
the
license
of
the
seller
on
3
a
temporary
basis
from
the
date
of
the
sale
for
conducting
4
business
as
follows:
5
a.
The
signatures
of
both
the
seller
and
the
purchaser
and
6
the
date
of
sale
are
shown
on
the
face
of
the
license.
7
b.
Within
five
days
from
the
date
of
the
sale,
the
purchaser
8
shall
submit
an
application
for
a
license
to
conduct
the
9
business
of
operating
a
companion
animal
cemetery
or
companion
10
animal
crematorium.
11
c.
The
seller’s
license
shall
be
valid
until
the
purchaser’s
12
license
application
is
either
granted
or
denied
by
the
13
commissioner.
14
5.
A
license
to
conduct
the
business
of
operating
a
15
companion
animal
cemetery
or
companion
animal
crematorium
16
issued
to
an
individual
or
to
a
partnership
may
be
used,
on
a
17
temporary
basis,
after
the
death
of
the
licensed
individual
or
18
copartner
by
the
next
of
kin
or
duly
appointed
administrator
or
19
executor
in
the
name
of
the
estate
from
the
date
of
death
of
the
20
licensed
individual
or
copartner
as
follows:
21
a.
The
face
of
the
license
displays,
after
the
name
of
the
22
decedent,
the
word
“deceased”,
the
date
of
death,
and
the
name
23
of
the
next
of
kin,
administrator,
or
executor
under
whose
24
authority
the
license
is
being
used.
25
b.
Within
thirty
days
of
the
date
of
death
of
the
licensee,
26
the
next
of
kin,
administrator,
or
executor
shall
submit
an
27
application
for
a
license
to
conduct
the
business
of
operating
28
a
companion
animal
cemetery
or
companion
animal
crematorium.
29
c.
Such
license
shall
be
valid
until
the
license
application
30
of
the
next
of
kin,
administrator,
or
executor
is
either
31
granted
or
denied
by
the
commissioner.
32
6.
A
license
to
conduct
the
business
of
operating
a
33
companion
animal
cemetery
or
companion
animal
crematorium
shall
34
be
conspicuously
posted
upon
the
premises
where
the
licensee
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is
engaged
in
the
business
of
operating
a
companion
animal
1
cemetery
or
companion
animal
crematorium.
2
7.
Any
license
that
has
not
been
suspended
or
revoked
may,
3
upon
the
payment
of
the
renewal
fee
prescribed
by
this
chapter,
4
be
renewed
for
additional
periods
of
two
years,
upon
the
filing
5
of
an
application
for
renewal
on
a
form
to
be
prescribed
by
the
6
commissioner
and
payment
of
a
renewal
fee.
7
a.
Any
licensee
failing
to
file
a
renewal
application
and
8
submit
the
fee
within
forty-five
days
of
the
expiration
of
the
9
person’s
license
under
this
chapter
shall
pay
an
additional
fee
10
of
sixty
dollars.
11
b.
Any
licensee
failing
to
file
a
renewal
application
and
12
submit
the
fee
within
ninety
days
of
the
expiration
of
the
13
person’s
license
under
this
chapter
shall
be
ineligible
for
a
14
license
until
the
person
shall
have
again
met
the
requirements
15
of
section
523J.4.
16
8.
If
a
license
issued
under
this
chapter
is
lost
or
17
destroyed,
a
licensee
may,
upon
submission
of
an
application
18
and
payment
of
a
fee,
obtain
a
duplicate
license
upon
19
furnishing
proof
satisfactory
to
the
commissioner
that
the
20
original
license
has
been
lost
or
destroyed.
Each
duplicate
21
license
shall
have
the
word
“duplicate”
stamped
across
the
22
front,
and
shall
bear
the
same
number
as
the
license
it
23
replaces.
24
9.
A
licensee
shall
give
notice
in
writing
to
the
25
commissioner
within
thirty
days
of
any
change
in
address
of
the
26
business
or
residence
of
a
licensee.
The
commissioner
shall
27
affix
an
endorsement
on
the
front
of
the
original
license
as
to
28
the
change.
A
change
of
address
by
a
licensee
without
notice
29
to
and
endorsement
by
the
commissioner
shall
operate
to
cancel
30
the
license.
31
Sec.
9.
NEW
SECTION
.
523J.6
Fees
——
appropriation.
32
1.
The
fee
for
a
license
to
engage
in
the
business
of
33
operating
a
companion
animal
cemetery
or
companion
animal
34
crematorium
shall
be
one
hundred
fifty
dollars.
For
each
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renewal
thereof,
the
fee
shall
be
one
hundred
fifty
dollars.
1
2.
The
fee
for
issuing
a
duplicate
license
shall
be
2
twenty-five
dollars.
3
3.
The
fee
for
changing
a
name
or
address
shall
be
ten
4
dollars.
5
4.
The
fees
set
forth
in
this
section
shall
be
for
licenses
6
issued
for
the
license
period
of
two
years.
A
reduction
or
7
refund
in
fees
shall
not
be
provided
for
late
renewals
or
8
surrender
or
revocation
or
suspension
of
a
license.
9
5.
A
city
or
county
seeking
a
license
to
operate
a
companion
10
animal
cemetery
or
companion
animal
crematorium
shall
not
be
11
charged
any
fees.
12
6.
Notwithstanding
section
8.33,
moneys
derived
from
the
13
administration
of
this
chapter
shall
not
revert
to
the
general
14
fund
of
the
state,
and
are
appropriated
to
the
commissioner
for
15
administration,
licensing,
and
inspections
conducted
pursuant
16
to
this
chapter.
17
Sec.
10.
NEW
SECTION
.
523J.7
Denial
of
license
application
18
——
suspension
and
revocation
of
licenses.
19
1.
An
application
for
a
license
under
this
chapter
may
be
20
denied
or
a
license
to
engage
in
the
business
of
operating
a
21
companion
animal
cemetery
or
companion
animal
crematorium
may
22
be
suspended
or
revoked
by
the
commissioner
for
any
of
the
23
following:
24
a.
Fraud
or
bribery
in
securing
a
license.
25
b.
The
making
of
any
false
statement
as
to
a
material
matter
26
in
any
application
or
other
statement
or
certificate
required
27
by
or
pursuant
to
this
chapter.
28
c.
Incompetence
in
the
operation
of
a
companion
animal
29
cemetery
or
companion
animal
crematorium.
30
d.
Failure
to
display
a
license
as
provided
in
this
chapter.
31
e.
Violation
of
any
provision
of
this
chapter,
or
of
any
32
rule
adopted
pursuant
to
this
chapter.
33
f.
Conviction
of
a
crime
involving
fraud,
theft,
perjury,
34
or
bribery,
or
other
cause
which
would
permit
disqualification
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upon
an
original
application.
1
g.
Failure
to
retain
all
companion
animal
disposal
2
disclosure
forms
for
a
period
of
two
years
following
receipt.
3
h.
Failure
to
comply
with
the
duties
of
an
owner
or
operator
4
of
a
companion
animal
crematorium
as
set
out
in
this
chapter.
5
i.
Conviction
of
a
violation
of
chapter
717
or
717B.
6
2.
If
a
license
to
engage
in
the
business
of
operating
a
7
companion
animal
cemetery
or
companion
animal
crematorium
is
8
revoked,
the
license
shall
not
be
reinstated
or
reissued
until
9
after
the
expiration
of
a
period
of
five
years
from
the
date
of
10
the
revocation,
and
only
upon
approval
of
the
commissioner
of
a
11
license
application
pursuant
to
section
523J.4.
12
Sec.
11.
NEW
SECTION
.
523J.8
Administrative
actions.
13
A
license
suspension
or
revocation,
or
the
imposition
of
a
14
penalty
or
reprimand,
shall
not
be
imposed
until
after
final
15
agency
action
and
judicial
review
pursuant
to
chapter
17A.
16
Sec.
12.
NEW
SECTION
.
523J.9
Violations
——
penalties.
17
1.
If
an
audit
or
investigation
provides
reasonable
18
evidence
that
a
person
has
violated
this
chapter,
or
any
rule
19
adopted
pursuant
to
this
chapter,
the
commissioner
may
issue
an
20
order
directed
at
the
person
to
cease
and
desist
from
engaging
21
in
such
act
or
practice.
In
addition
to
any
other
penalty,
22
the
commissioner
may
direct
a
licensee
to
pay
the
reasonable
23
costs
of
investigation
of
any
complaint
filed
pursuant
to
this
24
chapter,
unless
the
commissioner
determines
the
complaint
to
be
25
totally
without
merit.
26
2.
a.
The
commissioner
shall
notify
the
attorney
general
27
if
the
commissioner
finds
that
a
business
operated
subject
28
to
regulation
under
this
chapter
meets
any
grounds
for
the
29
establishment
of
a
receivership
which
includes
any
of
the
30
following:
31
(1)
Insolvency.
32
(2)
The
use
of
trust
funds
for
personal
or
business
purposes
33
in
a
manner
inconsistent
with
the
requirements
of
this
chapter,
34
if
the
amount
of
funds
currently
held
in
the
trust
is
less
than
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the
amount
required
by
this
chapter.
1
b.
The
commissioner
or
the
attorney
general
may
apply
to
the
2
district
court
in
any
county
of
the
state
for
a
receivership.
3
Upon
proof
of
any
of
the
grounds
for
a
receivership
described
4
in
this
section,
the
court
may
grant
a
receivership.
5
3.
The
commissioner
or
the
attorney
general
may
apply
to
6
the
district
court
for
an
injunction
to
restrain
any
licensee
7
subject
to
this
chapter
and
any
agents,
employees,
trustees,
8
or
associates
of
the
licensee
from
engaging
in
conduct
or
9
practices
deemed
a
violation
of
this
chapter
or
rules
adopted
10
pursuant
to
this
chapter.
Upon
proof
of
a
violation
of
this
11
chapter
described
in
the
petition
for
injunction,
the
court
may
12
grant
the
injunction.
The
commissioner
or
the
attorney
general
13
shall
not
be
required
to
post
a
bond.
Failure
to
obey
a
court
14
order
under
this
subsection
constitutes
contempt
of
court.
15
4.
A
licensee
who
violates
a
provision
of
this
chapter
after
16
notice
to
cease
and
desist,
or
who
continues
to
engage
in
the
17
business
of
operating
a
companion
animal
cemetery
or
companion
18
animal
crematorium
after
having
had
the
person’s
license
19
suspended
or
revoked,
or
who,
without
a
license
to
engage
20
in
the
business
of
operating
a
companion
animal
cemetery
or
21
companion
animal
crematorium,
directly
or
indirectly
employs,
22
permits,
or
authorizes
an
unlicensed
person
to
engage
in
the
23
business
of
operating
a
companion
animal
cemetery
or
companion
24
animal
crematorium,
shall
upon
conviction
for
the
first
offense
25
be
guilty
of
a
serious
misdemeanor.
If
the
conviction
is
for
a
26
subsequent
offense
committed
after
the
first
conviction
under
27
this
chapter,
such
person
shall
be
guilty
of
an
aggravated
28
misdemeanor.
Each
violation
of
this
chapter
shall
be
deemed
a
29
separate
offense.
30
5.
The
commissioner
or
the
attorney
general
may
include
the
31
costs
of
investigation
in
any
request
for
restitution
made
to
a
32
court
hearing
a
criminal
action
brought
pursuant
to
a
violation
33
of
this
chapter.
34
Sec.
13.
NEW
SECTION
.
523J.10
Dedication
of
real
property
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for
companion
animal
cemetery
purposes.
1
1.
The
owner
of
any
real
property
used
or
to
be
used
for
2
a
companion
animal
cemetery
shall
file,
or
cause
to
be
filed,
3
in
the
office
of
the
county
recorder
of
the
county
in
which
4
the
real
property
is
located,
a
dedication
restricting
the
5
real
property
to
be
used
only
for
purposes
as
are
usual
and
6
customary
for
the
operation
of
a
companion
animal
cemetery.
7
The
owner
of
the
real
property
shall
additionally
file
a
8
certified
copy
of
the
dedication,
together
with
notation
of
the
9
date,
time,
book,
and
page
of
filing
by
the
county
recorder
10
with
the
commissioner.
The
filing
with
the
commissioner
shall
11
additionally
include
a
copy
of
a
survey
map
and
appropriate
12
zoning
approvals
as
may
be
reasonably
required
by
the
13
commissioner.
14
2.
The
owner
or
operator
of
each
companion
animal
cemetery
15
shall
keep
adequate
records
of
all
purchasers
of
space
for
16
companion
animal
remains
within
the
grounds
of
such
companion
17
animal
cemetery.
18
Sec.
14.
NEW
SECTION
.
523J.11
Removal
of
dedication
of
real
19
property.
20
1.
A
dedication
restricting
real
property
for
the
operation
21
of
a
companion
animal
cemetery
may
only
be
amended
or
removed
22
by
order
of
the
district
court
of
the
county
where
the
23
companion
animal
cemetery
is
located.
A
petition
for
amendment
24
or
removal
of
dedication
shall
include
written
consent
by
all
25
persons
who
purchased
or
otherwise
are
entitled
to
rights
of
26
disposal
or
rights
to
continuing
care
of
a
companion
animal
27
grave
in
that
portion
of
the
companion
animal
cemetery
for
28
which
the
dedication
is
sought
to
be
amended
or
removed.
29
If
the
portion
of
the
companion
animal
cemetery
for
which
30
the
dedication
is
sought
to
be
amended
or
removed
includes
31
companion
animal
remains,
the
companion
animal
remains
must
be
32
removed,
upon
the
written
consent
of
all
persons
who
purchased
33
or
are
otherwise
entitled
to
rights
of
disposal
or
rights
34
to
continuing
care
of
a
companion
animal
grave,
their
heirs
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_____
or
assigns,
with
the
removal
to
be
entirely
at
the
cost
of
1
the
owner
of
the
companion
animal
cemetery.
The
court,
upon
2
proof
of
diligent
efforts
and
as
determined
by
the
court,
3
may
dispense
with
the
written
consent
of
any
person
who
4
purchased
or
is
otherwise
entitled
to
rights
of
disposal
whose
5
whereabouts,
identity,
or
heirs
or
assigns
are
unknown.
If
the
6
court
has
dispensed
with
any
person’s
written
consent
under
7
this
section,
the
court
may
make
a
determination
as
to
the
8
consideration
appropriate
for
such
consent
and
order
that
the
9
consideration
be
deposited
with
the
court.
The
consideration
10
shall
be
paid
to
such
person
upon
appropriate
proof
of
claim.
11
The
court
shall
proceed
according
to
the
provisions
of
chapter
12
556
in
regard
to
unclaimed
consideration.
13
2.
The
petition
for
amendment
or
removal
of
dedication
14
may
additionally
include
an
environmental
audit
if
required
15
by
the
court,
which
shall
identify
any
environmental
problems
16
caused
by
the
companion
animal
cemetery
activity,
including
17
an
identification
of
companion
animal
disposal
sites.
If
the
18
environmental
audit
identifies
any
environmental
problem,
a
19
plan
for
the
correction
or
remediation
of
such
problems
shall
20
be
included,
including
financial,
human,
and
other
resource
21
estimates,
and
projected
time
schedules
for
the
completion
of
22
the
corrective
and
remedial
actions,
with
the
court
to
make
any
23
order
on
the
petition
conditional
upon
the
completion
of
any
24
corrective
and
remedial
action
or
upon
the
deposit
with
the
25
court
of
an
amount
of
money
determined
necessary
to
complete
26
the
remediation
or
correction.
27
Sec.
15.
NEW
SECTION
.
523J.12
Area
requirements.
28
A
companion
animal
cemetery
that
commences
operations
on
or
29
after
the
effective
date
of
this
Act
and
that
provides
for
the
30
permanent
interment
of
companion
animals
shall
consist
of
not
31
less
than
five
contiguous
acres
of
real
property
in
total
area,
32
inclusive
of
any
structures,
facilities,
or
buildings
situated
33
on
the
real
property
and
used
for
the
business
purposes
of
the
34
companion
animal
cemetery.
The
commissioner
may
grant
a
waiver
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of
the
minimum
size
limit
based
on
factors
including
the
number
1
of
aboveground
entombments,
the
number
of
remains
buried,
and
2
the
nature
of
the
surrounding
community.
A
city
or
county
may
3
adopt
a
local
ordinance
that
provides
for
an
area
requirement
4
greater
than
five
contiguous
acres
of
real
property.
5
Sec.
16.
NEW
SECTION
.
523J.13
Maintenance
fees.
6
1.
A
companion
animal
cemetery
owner
may
charge
a
companion
7
animal
owner
a
permanent
maintenance
endowment
fee
for
the
care
8
of
the
companion
animal
cemetery.
Any
permanent
maintenance
9
endowment
fee
paid
shall
be
placed
by
the
companion
animal
10
cemetery
owner
into
a
permanent
maintenance
endowment
care
or
11
similar
trust
fund.
12
2.
In
lieu
of
a
permanent
maintenance
endowment
fee,
the
13
companion
animal
cemetery
owner
and
a
companion
animal
owner
14
may
enter
into
a
contract
for
care
of
the
companion
animal
15
cemetery
on
an
annual
basis.
The
companion
animal
owner
shall
16
then
be
charged
an
annual
maintenance
fee.
Only
one
contract
17
for
annual
maintenance
shall
be
entered
into
per
gravesite.
18
The
contract
shall
state
specifically
the
amount
of
the
annual
19
maintenance
fee.
The
contract
shall
also
state
that
failure
20
to
pay
the
annual
fee
can
result
in
the
disinterment
of
the
21
companion
animal.
22
a.
The
annual
maintenance
fee,
billed
each
calendar
year,
23
shall
be
deposited
by
the
companion
animal
cemetery
owner
in
24
the
general
account
of
the
companion
animal
cemetery
to
be
used
25
for
companion
animal
cemetery
operation
and
maintenance
during
26
the
succeeding
years.
27
b.
If
the
annual
maintenance
fee
is
not
paid
within
ninety
28
days
of
the
date
due,
the
companion
animal
cemetery
owner
shall
29
notify
the
companion
animal
owner
in
writing
that
such
fee
is
30
due
and
payable.
If
such
annual
maintenance
fee
is
not
paid
31
within
ninety
days
of
the
notice,
the
disposal
rights
or
rights
32
to
continuing
care
of
a
companion
animal
grave
of
the
companion
33
animal
owner
shall
terminate.
34
c.
If
the
annual
maintenance
fee
is
not
paid
within
one
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hundred
eighty
days
of
the
date
it
is
due,
the
disposal
rights
1
of
a
companion
animal
owner
shall
terminate
and
the
companion
2
animal
cemetery
owner
may
at
any
time
thereafter
remove
the
3
companion
animal
remains
and
if
removed
dispose
of
remains
by
4
mass
cremation
or
mass
burial.
5
d.
A
companion
animal
owner
may
prepay
annual
maintenance
6
fees
for
any
number
of
years
in
advance.
Prepaid
annual
7
maintenance
fees
shall
be
deposited
in
the
manner
of
permanent
8
maintenance
endowment
fees,
and
an
annual
statement
shall
be
9
sent
to
the
companion
animal
owner
reflecting
the
withdrawal
of
10
the
annual
maintenance
fee
and
the
balance
of
prepaid
annual
11
maintenance
fees
remaining.
12
e.
The
companion
animal
cemetery
owner
shall
maintain
13
individual
records
of
account
for
each
permanent
maintenance
14
endowment
fee
and
each
annual
maintenance
fee
contract
pursuant
15
to
section
523J.13,
and
shall
make
the
records
accessible
to
16
the
commissioner
pursuant
to
section
523J.3.
17
Sec.
17.
NEW
SECTION
.
523J.14
Endowment
care
——
trust
18
funds.
19
1.
A
companion
animal
cemetery
that
commenced
operations
20
prior
to
the
effective
date
of
this
Act
shall
establish
an
21
endowment
care
or
similar
trust
fund,
the
balance
of
which
22
shall
not
be
less
than
twelve
thousand
dollars,
by
January
1,
23
2015.
The
commissioner
may
grant
a
waiver
to
this
requirement
24
if
an
endowment
care
or
similar
trust
fund
is
established
25
and
twelve
thousand
dollars
is
placed
in
such
fund
within
26
a
reasonable
amount
of
time
not
to
exceed
ten
years
from
27
the
effective
date
of
this
Act,
and
if
the
provisions
of
28
this
section
would
otherwise
present
a
significant
financial
29
hardship
to
the
owner
or
operator.
30
2.
A
companion
animal
cemetery
that
commences
operations
31
on
or
after
the
effective
date
of
this
Act
shall,
prior
to
the
32
acceptance
of
any
moneys
as
permanent
maintenance
endowment
33
fees
or
annual
maintenance
fees,
establish
an
endowment
care
or
34
similar
trust
fund
for
the
permanent
operation
and
maintenance
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of
the
companion
animal
cemetery,
in
an
amount
of
not
less
than
1
twelve
thousand
dollars.
2
3.
The
fiduciary
holding
such
endowment
care
or
similar
3
trust
fund
shall
have
such
power
to
invest
the
moneys
in
the
4
fund
as
set
forth
in
chapter
633.
The
interest
earnings
of
5
such
an
endowment
care
fund
shall
be
used
for
the
maintenance
6
of
both
occupied
and
unoccupied
lots
or
spaces.
Any
remaining
7
interest
may
be
used
for
costs
of
access
roads
and
paths,
8
fencing,
and
general
maintenance
of
the
companion
animal
9
cemetery.
10
4.
Any
distribution
of
the
original
twelve
thousand
dollar
11
principal
of
such
an
endowment
care
or
similar
trust
fund
shall
12
only
be
upon
order
of
the
district
court
of
the
county
where
13
the
companion
animal
cemetery
is
located,
for
good
cause,
and
14
exclusively
for
the
operation
and
benefit
of
such
companion
15
animal
cemetery.
Unless
such
distribution
of
principal
shall
16
be
as
part
of
a
removal
of
dedication
for
the
companion
animal
17
cemetery,
the
court
order
shall
additionally
make
adequate
18
provision
for
the
permanent
maintenance
of
the
companion
animal
19
cemetery.
20
5.
A
companion
animal
cemetery
owned
and
operated
by
a
21
not-for-profit
corporation
that
has
in
excess
of
one
million
22
dollars
in
its
endowment
care
or
similar
trust
fund
may
use
any
23
surplus
income
in
the
trust
fund
above
and
beyond
its
costs
24
for
companion
animal
cemetery
operation
and
maintenance
in
any
25
manner
allowed
by
the
not-for-profit
corporation’s
articles
or
26
bylaws,
provided
that
the
use
of
such
surplus
does
not
endanger
27
the
integrity
of
the
trust
fund.
28
6.
A
companion
animal
cemetery
owned
and
operated
by
a
29
not-for-profit
corporation
that
is
a
humane
society
may
be
30
granted
a
waiver
of
the
provisions
of
this
section
by
the
31
commissioner
if
the
commissioner
determines
that
the
interests
32
of
the
companion
animal
owners
will
be
adequately
protected
and
33
the
provisions
of
this
section
present
a
significant
financial
34
hardship
to
the
humane
society.
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7.
A
trust
fund
is
not
invalid
by
reason
of
any
1
indefiniteness
or
uncertainty
of
the
persons
designated
as
2
beneficiaries,
and
such
trust
funds
shall
not
be
invalid
as
3
violating
any
existing
rule
against
perpetuities.
4
Sec.
18.
NEW
SECTION
.
523J.15
Companion
animal
disposal
5
disclosure
forms.
6
1.
A
person
who
gives
a
veterinarian,
a
companion
animal
7
cemetery
owner,
or
companion
animal
crematorium
owner
a
8
companion
animal
for
disposal
shall
be
provided
by
the
9
veterinarian,
companion
animal
cemetery
owner,
or
companion
10
animal
crematorium
owner
with
a
companion
animal
disposal
11
disclosure
form,
as
approved
by
the
commissioner,
which
shall
12
set
forth
the
alternative
methods
of
companion
animal
disposal,
13
the
cost
of
each
method
of
companion
animal
disposal,
if
14
available,
and
the
nature
of
or
place
in
which
each
method
of
15
disposal
will
be
carried
out.
The
veterinarian,
companion
16
animal
cemetery
owner,
or
companion
animal
crematorium
owner,
17
as
the
case
may
be,
shall
give
to
the
person
who
completes
the
18
form
a
copy
of
the
form
and
retain
a
copy
of
the
completed
19
form.
If
the
person
completing
the
form
chooses
to
have
the
20
companion
animal
disposed
of
by
a
companion
animal
cemetery
21
or
companion
animal
crematorium
and
makes
the
arrangements
22
for
disposal
through
a
veterinarian,
the
veterinarian
shall
23
provide
the
person
with
the
name,
location,
and
telephone
24
number
of
the
companion
animal
cemetery
or
companion
animal
25
crematorium
so
that
the
person
may
obtain
information
about
26
the
companion
animal
cemetery
or
companion
animal
crematorium.
27
The
veterinarian
shall
also
ensure
that
a
copy
of
the
form
28
accompanies
the
deceased
companion
animal
when
the
deceased
29
companion
animal
is
removed
from
the
veterinarian’s
office.
30
2.
A
veterinarian
or
companion
animal
cemetery
operator
31
may
complete
a
companion
animal
disposal
disclosure
form
with
32
the
oral
consent
of
the
companion
animal
owner.
Such
oral
33
consent
shall
be
witnessed
and
a
record
of
such
consent
and
34
the
completed
form
shall
be
retained
in
the
veterinarian’s
or
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companion
animal
cemetery’s
or
companion
animal
crematorium’s
1
records.
A
copy
of
such
completed
form
shall
be
sent
to
the
2
companion
animal
owner.
3
3.
If
a
companion
animal
owner
is
unwilling
or
unable
to
4
complete
a
companion
animal
disposal
form,
a
veterinarian
5
may
complete
the
disclosure
form
if
two
attempts
are
made
to
6
contact
the
companion
animal
owner.
At
least
one
such
attempt
7
shall
be
made
in
writing
and
sent
by
first-class
mail.
If
the
8
veterinarian
completes
the
form
without
the
consent
of
the
9
companion
animal
owner,
a
copy
of
the
completed
form
shall
be
10
retained
by
the
veterinarian
along
with
the
records
of
the
11
attempts
to
contact
the
companion
animal
owner.
12
4.
A
companion
animal
disposal
disclosure
form
shall
not
be
13
required
if
any
of
the
following
apply:
14
a.
The
companion
animal
owner
cannot
be
identified.
15
b.
The
companion
animal
remains
originate
with
a
city
or
16
county.
17
c.
The
companion
animal
is
abandoned
pursuant
to
section
18
162.19.
19
d.
The
companion
animal
is
to
be
disposed
of
without
charge
20
to
the
companion
animal
owner.
21
Sec.
19.
NEW
SECTION
.
523J.16
Disposal
——
compliance.
22
1.
A
companion
animal
cemetery
owner
or
companion
animal
23
crematorium
owner
shall
dispose
of
a
companion
animal
in
24
compliance
with
a
companion
animal
disposal
disclosure
form
25
completed
by
a
companion
animal
owner
or
veterinarian.
26
2.
The
companion
animal
cemetery
owner
or
companion
27
animal
crematorium
owner
shall,
within
ten
days
of
disposal
28
by
individual
cremation
or
individual
burial,
send
or
give
29
a
written
confirmation
of
such
disposal
to
the
companion
30
animal
owner
or
veterinarian,
depending
on
instructions
in
the
31
companion
animal
disposal
disclosure
form,
and
shall
attest
to
32
the
method,
date,
and
place
of
disposal.
If
a
companion
animal
33
is
disposed
of
either
through
mass
cremation
or
mass
burial,
no
34
written
confirmation
shall
be
required.
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3.
Copies
of
all
forms
shall
be
retained
by
the
companion
1
animal
cemetery
owner
or
companion
animal
crematorium
owner
and
2
by
the
veterinarian
for
a
period
of
two
years
after
disposal.
3
4.
a.
The
companion
animal
remains
shall
be
buried
at
least
4
one
foot
below
the
surface
of
the
ground.
5
b.
Notwithstanding
paragraph
“a”
,
a
companion
animal
6
weighing
more
than
eighty
pounds
but
less
than
two
hundred
7
pounds
shall
be
buried
at
least
four
feet
below
the
surface
of
8
the
ground
and
a
companion
animal
weighing
two
hundred
pounds
9
or
more
shall
be
buried
at
least
six
feet
below
the
surface
of
10
the
ground.
11
Sec.
20.
NEW
SECTION
.
523J.17
Exclusions.
12
A
companion
animal
cemetery
shall
be
exempt
from
the
trust
13
fund
provisions
of
section
523J.14,
the
dedication
provisions
14
of
sections
523J.10
and
523J.11,
and
the
area
requirement
of
15
section
523J.12,
if
any
of
the
following
applies:
16
1.
It
is
owned
by
a
licensed
veterinarian.
17
2.
It
is
located
on
land
used
in
agricultural
production.
18
3.
It
does
not
allow
individual
burials.
19
4.
It
does
not
allow
individual
grave
markers.
20
5.
It
does
not
charge
a
maintenance
fee
for
the
care
of
21
companion
animal
graves.
22
6.
It
does
not
make
a
representation
that
companion
animal
23
graves
will
be
cared
for
or
that
the
land
is
dedicated.
24
7.
It
buries
less
than
five
companion
animals
a
year,
makes
25
no
representation
that
the
companion
animal
graves
will
be
26
cared
for
or
that
the
land
is
dedicated,
and
does
not
charge
a
27
maintenance
fee
for
the
care
of
the
companion
animal
graves.
28
Sec.
21.
NEW
SECTION
.
523J.18
Duties.
29
1.
An
owner
or
operator
of
a
companion
animal
cemetery
shall
30
do
all
of
the
following:
31
a.
Keep
permanently
maps
and
records
containing
the
specific
32
site
of
each
companion
animal
grave,
the
grave
owner’s
last
33
known
address,
the
date
of
burial,
the
size
of
such
grave,
the
34
contract
for
sale
of
such
grave,
and
companion
animal
disposal
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disclosure
forms.
1
b.
Keep
complete
records
of
the
names
of
trustees
of
any
2
trust
accounts
and
complete
records
of
all
trust
fund
moneys.
3
c.
Clearly
inform
customers
of
the
option
of
paying
4
maintenance
fees
for
care
of
companion
animal
graves,
including
5
costs
and
benefits
for
permanent
care
for
companion
animal
6
graves
and
annual
care
for
companion
animal
graves.
7
d.
Cooperate
with
all
reasonable
requests
of
inspectors
8
appointed
by
the
commissioner
to
inspect
companion
animal
9
cemeteries
and
companion
animal
crematoriums.
10
e.
Provide
notice
to
customers
about
hours
that
the
11
companion
animal
cemetery
will
be
open
to
visitors
to
view
12
companion
animal
graves.
13
2.
The
provisions
of
subsection
1
shall
apply
only
to
14
individual
burials.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
GENERAL.
This
bill
provides
for
the
disposal
of
the
remains
19
of
companion
animals
by
burial
or
cremation
and
regulates
20
persons
engaged
in
the
business
of
operating
cemeteries
21
or
crematoriums
which
perform
these
services.
The
bill’s
22
provisions
are
administered
by
the
commissioner
of
insurance
23
(commissioner).
24
LEGISLATIVE
FINDINGS.
The
bill
makes
legislative
findings
25
regarding
the
importance
of
the
relationship
of
companion
26
animals
to
humans,
and
the
need
for
protection
of
companion
27
animals
from
unconscionable
acts
on
the
part
of
persons
in
28
the
business
of
providing
for
the
disposal
of
the
remains
of
29
deceased
companion
animals.
The
bill
creates
new
Code
chapter
30
523J.
31
DEFINITIONS.
The
bill
provides
definitions
to
be
used
in
the
32
new
Code
chapter.
It
defines
terms
related
to
the
business
33
of
disposal
of
companion
animal
remains,
such
as
“entombment”,
34
which
means
the
placement
of
a
companion
animal
in
a
grave
or
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tomb;
“inurnment”,
meaning
the
placement
of
companion
animal
1
cremains
in
a
grave,
urn,
or
tomb;
and
general
terms,
such
as
2
“companion
animal”,
meaning
any
domestic
animal
that
had
been
3
adapted
or
tamed
to
live
under
the
immediate
and
permanent
4
care
of
humans,
including
but
not
limited
to
dogs,
cats,
5
horses,
rodents,
fish,
birds,
snakes,
turtles,
lizards,
frogs,
6
and
rabbits;
and
“companion
animal
cemetery”,
meaning
any
7
land,
place,
structure,
facility,
or
building
provided
by
any
8
person
for
a
fee,
whether
or
not
for
profit,
to
veterinarians
9
or
members
of
the
general
public
for
use
for
the
permanent
10
interment
or
inurnment
of
companion
animal
remains
(new
Code
11
section
523J.1).
12
LICENSE.
The
bill
provides
that
a
license
is
required
for
13
a
person
to
engage
for
a
fee
in
the
business
of
operating
a
14
companion
animal
cemetery
or
companion
animal
crematorium
(new
15
Code
section
523J.2).
16
COMMISSIONER’S
AUTHORITY.
The
bill
grants
to
the
17
commissioner
authority
to
adopt
rules,
create
forms,
18
investigate
applicants
for
licensure,
keep
records
of
licenses
19
issued,
suspended,
or
revoked,
provide
standards
and
an
20
enforcement
process
for
operation
of
a
facility,
conduct
21
inspections
of
premises
and
financial
audits
of
companion
22
animal
cemeteries
and
companion
animal
crematoriums,
subpoena
23
records,
provide
procedures
to
protect
consumers
when
a
license
24
to
operate
a
facility
is
suspended,
revoked,
or
not
renewed,
25
and
establish
standards
for
burial
and
cremation
in
cooperation
26
with
the
department
of
natural
resources
(new
Code
section
27
523J.3).
28
OPERATION
BY
LICENSEES.
The
bill
provides
requirements
29
for
application
for
licensure
to
conduct
the
business
of
30
operating
a
companion
animal
cemetery
or
companion
animal
31
crematorium
(new
Code
section
523J.4).
It
provides
for
the
32
term,
the
transferability,
and
the
renewal
of
licenses,
and
for
33
a
duplicate
license
in
case
of
loss
or
destruction.
A
licensee
34
is
also
required
to
notify
the
commissioner
within
30
days
of
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any
change
in
address
of
the
place
of
business
or
the
residence
1
of
a
licensee
(new
Code
section
523J.5).
2
LICENSE
FEE.
The
bill
requires
a
fee
of
$150
for
a
new
3
license
or
the
renewal
of
a
license,
and
provides
for
a
fee
4
of
$25
for
a
duplicate
license,
and
$10
for
change
of
name
5
or
address.
A
city
or
county
seeking
a
license
to
operate
6
a
companion
animal
cemetery
or
companion
animal
crematorium
7
cannot
be
charged
a
fee.
The
moneys
collected
from
the
fees
8
are
appropriated
to
the
commissioner
to
pay
for
expenses
of
9
administration,
licensing,
and
inspections
(new
Code
section
10
523J.6).
11
ADMINISTRATIVE
ACTIONS.
The
bill
provides
circumstances
12
that
allow
the
commissioner
to
deny
a
license
application,
13
and
circumstances
under
which
a
license
can
be
suspended
14
or
revoked.
The
prohibited
circumstances
include
fraud
or
15
bribery
in
securing
a
license,
making
any
false
statement
of
16
material
fact
in
the
application
or
any
certificate
required
17
by
the
chapter,
incompetence,
failure
to
display
the
license,
18
violation
of
the
provisions
of
the
chapter,
conviction
of
a
19
crime
involving
fraud,
theft,
perjury,
or
bribery,
failure
to
20
retain
companion
animal
disposal
disclosure
forms,
failure
to
21
comply
with
the
duties
of
an
owner
or
operator
of
a
companion
22
animal
cemetery
or
companion
animal
crematorium,
or
conviction
23
of
a
violation
of
Code
chapter
717
or
Code
chapter
717B
24
regarding
an
injury
to
animals.
A
licensee
whose
license
has
25
been
revoked
may
not
be
reinstated
for
five
years
from
the
date
26
of
revocation,
and
must
reapply
for
a
license
(new
Code
section
27
523J.7).
28
ADMINISTRATIVE
ACTION
——
PENALTIES.
The
bill
requires
that
29
a
license
suspension
or
revocation,
or
the
imposition
of
a
30
penalty
or
reprimand,
cannot
be
imposed
until
after
a
contested
31
case
proceeding
and
judicial
review
pursuant
to
Code
chapter
32
17A
(new
Code
section
523J.8).
33
The
bill
provides
penalties
for
violations
by
a
licensee,
34
including
an
order
to
cease
and
desist.
The
commissioner
must
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notify
the
attorney
general
if
a
receivership
is
required
1
because
a
licensee
is
insolvent
or
has
utilized
trust
funds
2
for
personal
or
business
purposes
inconsistent
with
the
3
requirements
of
the
bill.
The
commissioner
or
the
attorney
4
general
may
seek
an
injunction
to
restrain
a
licensee
from
5
engaging
in
conduct
or
practices
deemed
a
violation
of
the
6
bill.
A
licensee
who
persists
in
the
violation
after
notice
to
7
cease
and
desist,
or
after
a
license
is
suspended
or
revoked,
8
is
upon
conviction
for
a
first
offense
guilty
of
a
serious
9
misdemeanor.
If
the
conviction
is
for
a
subsequent
offense,
10
the
person
is
guilty
of
an
aggravated
misdemeanor
(new
Code
11
section
523J.9).
A
serious
misdemeanor
is
punishable
by
12
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
13
$250
but
not
more
than
$1,500.
An
aggravated
misdemeanor
is
14
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
15
of
at
least
$500
but
not
more
than
$5,000.
16
DEDICATION.
The
bill
provides
for
the
dedication
of
real
17
property
for
a
companion
animal
cemetery,
by
the
filing
by
18
the
owner
of
any
real
property
of
a
document
restricting
the
19
real
property
to
use
only
as
a
companion
animal
cemetery.
The
20
owner
of
any
such
companion
animal
cemetery
is
required
to
keep
21
adequate
records
of
purchasers
of
space
for
companion
animal
22
remains
within
the
companion
animal
cemetery
(new
Code
section
23
523J.10).
24
REMOVAL
OF
DEDICATION.
The
bill
provides
for
the
removal
of
25
the
dedication
of
real
property
as
a
companion
animal
cemetery
26
by
order
of
the
district
court.
The
petition
for
a
removal
27
of
dedication
must
contain
written
consent
of
all
persons
who
28
purchased
or
are
otherwise
entitled
to
rights
of
disposal
or
29
rights
of
continuing
care
of
a
companion
animal
grave.
If
30
consent
cannot
be
obtained,
upon
proof
of
diligent
effort,
the
31
court
may
dispense
with
the
consent
and
require
appropriate
32
consideration
be
deposited
with
the
court,
to
be
paid
to
the
33
person
whose
consent
was
dispensed
with,
the
personal
heirs,
34
or
assigns,
upon
the
appropriate
proof
of
claim.
The
petition
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may
also
require
an
environmental
audit,
if
required
by
the
1
court,
including
a
plan
for
the
correction
or
remediation
of
2
any
environmental
problem
found,
financial,
human,
and
other
3
resource
estimates,
and
projected
time
schedules
for
completion
4
of
the
corrective
and
remedial
actions.
The
court
must
make
5
any
order
on
the
petition
conditional
upon
the
completion
of
6
any
corrective
and
remedial
action
or
upon
the
deposit
with
the
7
court
of
an
amount
of
money
determined
necessary
for
completion
8
(new
Code
section
523J.11).
9
MINIMUM
ACRES
FOR
COMPANION
ANIMAL
CEMETERY.
The
bill
10
requires
at
least
five
contiguous
acres
of
real
property,
11
inclusive
of
structures,
for
a
companion
animal
cemetery,
12
and
provides
that
the
commissioner
may
grant
a
waiver
of
the
13
minimum
size
limit.
A
city
or
county
may
adopt
an
ordinance
14
requiring
more
than
five
acres
of
contiguous
real
property
for
15
the
operation
of
a
companion
animal
cemetery
(new
Code
Section
16
523J.12).
17
MAINTENANCE.
The
bill
provides
that
maintenance
fees
for
18
the
companion
animal
cemetery
may
be
charged
as
permanent
19
maintenance
endowment
fees
or
as
annual
maintenance
fees.
A
20
companion
animal
cemetery
owner
must
establish
a
trust
account
21
for
the
permanent
maintenance
endowment
fees.
The
annual
fees
22
must
be
billed
each
calendar
year,
and
upon
receipt
may
be
23
placed
in
the
general
account
of
the
business
and
used
for
24
operation
and
maintenance
costs,
including
salaries.
If
annual
25
maintenance
fees
are
not
paid
within
180
days,
the
disposal
26
rights
of
a
companion
animal
owner
terminate,
and
the
companion
27
animal
cemetery
owner
may
remove
and
dispose
of
the
remains
by
28
mass
cremation
or
mass
burial.
A
companion
animal
owner
may
29
prepay
annual
maintenance
fees,
and
the
prepaid
fees
are
to
30
be
deposited
in
the
trust
fund
and
withdrawn
upon
an
annual
31
basis,
and
a
statement
sent
to
the
companion
animal
owner
32
reflecting
the
withdrawal
of
the
annual
amount
and
the
balance
33
of
prepaid
annual
maintenance
fees
remaining.
The
companion
34
animal
owner
must
maintain
individual
records
of
account
for
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each
maintenance
fee
contract
(new
Code
section
523J.13).
1
ENDOWMENT
FUND.
The
bill
provides
requirements
for
an
2
endowment
fund
for
each
companion
animal
cemetery,
in
the
3
amount
of
$12,000.
A
companion
animal
cemetery
currently
in
4
existence
must
establish
trust
accounts
by
January
1,
2015,
5
or
be
granted
a
waiver
by
the
commissioner,
which
may
extend
6
up
to
10
years
from
the
effective
date
of
this
bill.
New
7
licensees
must
establish
the
trust
fund
prior
to
accepting
any
8
permanent
maintenance
endowment
fees
or
annual
maintenance
9
fees.
The
trust
fund
moneys
may
be
invested
as
set
forth
in
10
Code
chapter
633,
with
the
interest
earnings
to
be
used
for
the
11
maintenance
of
both
occupied
and
unoccupied
lots
or
spaces,
and
12
any
remaining
interest
to
be
used
for
costs
of
access
roads,
13
paths,
fencing,
and
general
maintenance.
Any
distribution
14
of
the
original
$12,000
principal
must
only
occur
by
order
15
of
district
court,
for
good
cause,
and
exclusively
for
the
16
operation
and
benefit
of
the
companion
animal
cemetery.
A
17
companion
animal
cemetery
owned
by
a
not-for-profit
corporation
18
may
distribute
surplus
funds
over
$1
million
in
any
manner
19
allowed
in
the
not-for-profit
corporation’s
articles
or
bylaws,
20
if
the
use
of
the
surplus
does
not
endanger
the
integrity
of
21
the
trust
fund.
The
commissioner
may
waive
these
provisions
22
for
a
not-for-profit
corporation
that
is
a
humane
society
if
23
the
commissioner
determines
that
the
interests
of
the
companion
24
animal
owners
will
be
adequately
protected
and
the
requirements
25
would
present
a
significant
hardship
to
the
not-for-profit
26
corporation
(new
Code
section
523J.14).
27
COMPANION
ANIMAL
DISPOSAL
DISCLOSURE
FORM.
The
bill
28
requires
that
a
companion
animal
disposal
disclosure
form
be
29
completed
for
every
deceased
companion
animal,
which
sets
out
30
the
alternative
methods
of
companion
animal
disposal,
the
costs
31
of
each,
and
the
nature
of
or
place
each
method
will
be
carried
32
out.
The
form
may
be
completed
by
a
veterinarian
or
the
owner
33
of
the
deceased
companion
animal.
Provisions
are
made
by
which
34
a
veterinarian
may
complete
a
form
if
a
companion
animal’s
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owner
is
unknown,
or
if
the
companion
animal
owner
refuses
to
1
complete
a
form
(new
Code
section
523J.15).
2
CONFIRMATION.
The
bill
provides
that
disposal
of
a
3
companion
animal
must
be
in
compliance
with
the
companion
4
animal
disposal
disclosure
form,
and
that,
within
10
days
5
of
disposal,
a
licensee
must
give
written
confirmation
of
6
the
disposal
to
the
companion
animal
owner
or
veterinarian,
7
attesting
to
the
method,
date,
and
place
of
disposal.
8
Copies
of
the
form
must
be
retained
by
the
licensee
and
the
9
veterinarian
for
two
years
after
the
disposal.
Companion
10
animal
remains
must
be
buried
at
least
12
inches
below
the
11
surface
of
the
ground.
However,
special
requirements
apply
to
12
large
companion
animals.
13
EXCLUSIONS.
The
bill
provides
exclusions
from
the
trust
14
fund
requirements
for
companion
animal
cemeteries
that
are
15
owned
by
a
licensed
veterinarian,
located
on
ground
used
in
16
agricultural
production,
do
not
allow
individual
burials,
do
17
not
allow
individual
grave
markers,
do
not
charge
a
maintenance
18
fee
for
the
care
of
companion
animal
graves,
do
not
make
any
19
representations
that
companion
animal
graves
will
be
cared
20
for
or
that
the
land
is
dedicated,
and
bury
less
than
five
21
companion
animals
a
year
and
make
no
representations
that
22
companion
animal
graves
will
be
cared
for
or
that
the
land
23
is
dedicated,
and
do
not
charge
a
maintenance
fee
(new
Code
24
section
523J.17).
25
RECORDS.
The
bill
provides
that
owners
and
operators
of
26
companion
animal
cemeteries
must
keep
maps
and
records
of
27
specific
sites
of
each
companion
animal
grave,
the
grave
28
owner’s
last
known
address,
the
date
of
the
burial,
the
size
of
29
the
grave,
the
contract
for
sale
of
the
grave
and
the
companion
30
animal
disposal
disclosure
forms,
and
complete
records
of
31
trust
accounts.
A
companion
animal
cemetery
owner
must
also
32
clearly
inform
customers
of
the
option
of
paying
maintenance
33
fees
for
care
of
companion
animal
graves,
including
costs
and
34
benefits
for
permanent
endowment
and
annual
care
maintenance,
35
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S.F.
_____
and
provide
customers
with
the
hours
of
business
the
cemetery
1
will
be
open
to
visitors
to
view
companion
animal
graves.
The
2
bill
also
requires
cooperation
by
the
companion
animal
cemetery
3
or
companion
animal
crematorium
owners
with
all
reasonable
4
requests
of
inspectors
(new
Code
section
523J.18).
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