The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Curry Lann.
DIGEST
SB 166 Original 2016 Regular Session Appel
Present law (R.S. 8:1) provides for definitions relative to cemeteries, including those which
specifically provide with respect to human remains.
Proposed law retains present law and includes pet remains in those definitions.
Proposed law additionally provides for the following definitions:
(1)"Pet" means any animal other than a human and includes fowl, birds, fish, mammals, and
reptiles.
(2) "Pet owner" means an individual who owns, or in the case of a deceased individual, owned,
a pet.
(3)"Pet remains" means the body of a pet and includes the body in any stage of decomposition,
as well as cremated remains.
Proposed law authorizes a cemetery authority to designate a garden or section of a cemetery for the
burial of pet remains with human remains.
Proposed law further provides that following such designation, a cemetery authority may bury a pet's
remains with the pet's owner or directly adjacent thereto.
Proposed law requires that all interments occur in a separate garden or section designated for the
burial of pet remains with human remains. A cemetery authority may not designate an existing
garden or section of the cemetery for the burial of pet remains with human remains.
Proposed law provides that in the event that a cemetery consists of only one garden or section, the
cemetery authority shall not designate the existing garden or section for the burial of pet remains
with human remains. Any such burials must be accomplished pursuant to an expansion and
replatting of the cemetery.
Proposed law requires that pet remains be contained either:
(1)Within the same cemetery space that a pet owner purchases for their own burial; or
(2)Within a directly adjacent space owned by the pet owner.
Proposed law authorizes a cemetery authority to inter pet remains with human remains upon receipt of a written authorization by the pet's owner. Written authorization may not be provided after the pet
owner is deceased.
Proposed law provides that any pet owner signing an authorization for the interment of pet remains
warrants the truthfulness of facts set forth in the authorization, the identity of the pet whose remains
are sought to be interred, and his authority to order the interment. Such pet owner will be personally
liable for all damage occasioned by or resulting from breach of such warranty.
Proposed law provides immunity for any cemetery authority relating to the remains of any pet which
has been left in its possession for a period of sixty days, unless a written contract has been entered
into with the cemetery authority for the care of such remains.
Proposed law requires a cemetery authority that has established a garden or section of the cemetery
for the burial of pet and human remains to promulgate rules and regulations prior to selling any
interment rights.
Proposed law requires a cemetery authority to keep a record of all pet remains interred under its
charge, in each case stating the name of the pet owner, date of interment, location of interment, name
of the pet, species of the pet, and whether the pet is cremated or not.
Proposed law provides for certain exceptions and exclusions.
Effective January 1, 2017.
(Amends R.S. 8:1; adds R.S. 8:691-697)