Louisiana 2023 2023 Regular Session

Louisiana House Bill HB248 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 248 Engrossed	2023 Regular Session	McMahen
Abstract: Authorizes the interment of pet remains only under certain circumstances.
Present law defines cemetery as a place used for the interment of human remains.
Proposed law retains present law and adds that a cemetery is a place used for the interment of pet
remains as allowed by proposed law.
Proposed law provides that pet remains can be interred in a cemetery when both of the following two
conditions are met:
(1)The pet remains are interred incidental to the interment of human remains.
(2)Written authorization has been provided by the relevant cemetery corporation through a
statement or through rules adopted by the cemetery corporation.
Proposed law requires pet remains to be cremated, stored in a closed receptacle, and placed in a
grave, vault, crypt, or niche.
Proposed law requires a cemetery corporation to provide a list of charges approved by the
corporation for the interment of pet remains, and a cemetery corporation is authorized to limit the
type of pets and the type of interment of the pet remains allowed in its cemetery.
Proposed law provides that a cemetery is not required to authorize the interment of pet remains if
written approval, as required by proposed law, has not been issued prior to the sale of a lot or prior
to a pet owner's need to inter a pet.
Proposed law states that pet remains shall be considered personal property, and should be treated as
such by a cemetery authority.
Proposed law provides that proposed law shall not be construed to change or revoke a preexisting
contract related to a cemetery, an interment, or a disposition of remains.
(Amends R.S. 8:1(7); Adds R.S. 8:907) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Clarify when pet remains may be interred.
2. Add that all pet remains must be cremated and stored in a closed receptacle.
3. Remove language that specifies that a pet owner may not euthanize his pet for the sole
purpose of interring the pet remains with the owner at the time of death.
4. Add that pet remains shall be considered personal property and treated as such by a
cemetery authority.
5. Make technical changes.