ENROLLED
2023 Regular Session
HOUSE BILL NO. 248
BY REPRESENTATIVE MCMAHEN
1 AN ACT
2 To amend and reenact R.S. 8:1(7) and to enact R.S. 8:907, relative to pet remains; to
3 authorize the burial of cremated pet remains with human remains; to provide for
4 definitions; to provide for restrictions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 8:1(7) is hereby amended and reenacted and R.S. 8:907 is hereby
7 enacted to read as follows:
8 §1. Definitions
9 As used in this Title, the following terms have the following meanings unless
10 the context clearly indicates otherwise:
11 * * *
12 (7) "Cemetery" means a place used or intended to be used for the interment
13 of the human dead, and, to the extent allowed in accordance with this Title, pet
14 remains. It includes a burial park, for earth interments; or a mausoleum, for vault or
15 crypt interments; or a columbarium, or scattering garden, for cinerary interments; or
16 a combination of one or more of these.
17 * * *
18 §907. Interment of pet remains
19 A. The interment of pet remains in a cemetery may be available to an owner
20 of a cemetery space and other persons having the right of interment in a cemetery
21 space only in those circumstances where all of the following occur:
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1 (1) The cemetery space is in a cemetery or a specifically designated section
2 of a cemetery where no prior interments of human remains have been made and is
3 dedicated by the cemetery authority to be used for the interment of human remains
4 with cremated pet remains by an official act of dedication or an amendment to an
5 existing dedication filed in accordance with R.S. 8:304(B).
6 (2) The interment is incidental to the interment of human remains, whether
7 before, concurrent with, or after the interment of the pet remains.
8 (3) Written authorization for the interment of the cremated remains of a pet
9 has been given by the owner of the cemetery space or a person having the right of
10 interment in a cemetery space in accordance with the adopted rules and regulations
11 of the cemetery authority. The cemetery authority shall have no duty or
12 responsibility to determine the ownership of the pet remains or right of the person
13 authorizing the interment of pet remains to make the disposition thereof.
14 (4) The use of such cemetery spaces complies with the rules and regulations
15 adopted by the cemetery authority.
16 B. Pet remains disposed of in accordance with the provisions of this Section
17 shall be cremated, stored in a closed receptacle, and placed in a grave, vault, crypt,
18 or niche. The cemetery authority shall provide a list of approved charges for the
19 interment of such remains, and a cemetery authority may limit the types of pets and
20 the types of interments of pet remains allowed in a cemetery.
21 C. Nothing in this Section shall be construed as requiring a cemetery
22 authority to allow interment of pet remains in a cemetery not dedicated for such
23 purposes in accordance with this Section.
24 D. Cremated pet remains shall be considered personal property and, as such,
25 may be included in an interment subject to the terms of this Section and the rules and
26 regulations of a cemetery authority as permitted in this Title.
27 E. Nothing in this Section shall operate to cancel or modify preexisting
28 contracts related to cemeteries, interments, or dispositions.
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1 F. In accordance with this Section, there shall be no liability for a cemetery
2 authority for permitting the interment of cremated pet remains or for not permitting
3 the interment of pet remains in a cemetery that has not been dedicated for the
4 purpose of interment of pet remains.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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