Provides for extension of time for the construction of cemetery facilities due to force majeure. (8/15/10)
This legislation aims to enhance regulatory compliance for cemetery authorities by establishing specific guidelines for timelines related to construction projects. By defining 'force majeure' events that may impact these timelines, such as natural disasters or government delays in permitting, the bill seeks to safeguard cemetery authorities from penalties that could arise from unforeseen circumstances. This regulatory framework is intended to ensure that cemetery development proceeds with accountability while also considering the complexities of project management in this sector.
Senate Bill 168, introduced by Senator Walsworth, focuses on establishing clearer commencement and completion requirements for cemetery authorities regarding the construction of mausoleums and similar structures. The bill mandates that cemetery authorities begin construction within 48 months following the first sale of interment spaces, with a completion deadline of five years. Extensions for completion can be granted for up to one year for reasonable causes, emphasizing the need for a more structured timeline in cemetery development.
The sentiment around SB 168 appears to be supportive among its proponents who view this bill as a necessary reform to uphold the integrity and reliability of cemetery operations. The intention is to prevent scenarios where consumers are left without interment facilities due to delays caused by factors beyond the authority's control. There may, however, be concerns from stakeholders about the appropriateness of the proposed timelines and the consequences of not meeting them, which could lead to debates on potential penalties and their impact on cemetery authorities.
While the bill seems to have practical utility, it also opens discussions about the balance between regulatory oversight and the operational realities that cemetery authorities face. Critics might argue that imposing strict deadlines could inadvertently harm these authorities, particularly during challenging conditions or disasters. Furthermore, the imposition of penalties for failing to construct within the specified timeframes may be viewed as excessively punitive, sparking discussions on the fair treatment of cemetery authorities in the face of challenges they cannot control.