Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0715 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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4		-	: jj r ~..J.,T.'H'.~~ _, ,} ~ :
5		-	J enne&see Senate
6		-	PUBLIC CHAPTER NO. 119
7		-	SENATE BILL NO. 715
	1	+
	2	+	HOUSE BILL 713
	3	+	By Alexander
	4	+
	5	+	SENATE BILL 715
8	6		By Taylor
9		-	Substituted for: House Bill No. 713
10		-	By Alexander, Hale, Renea Jones
11		-	AN ACT to amend Tennessee Code Annotated, Title 46, relative to cemeteries.
	7	+
	8	+
	9	+	SB0715
	10	+	002646
	11	+	- 1 -
	12	+
	13	+	AN ACT to amend Tennessee Code Annotated, Title 46,
	14	+	relative to cemeteries.
	15	+
12	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
13	17		SECTION 1. Tennessee Code Annotated, Section 46-1-204(e)(1)(A)(ii), is amended by
14	18		deleting the first sentence and substituting:
15	19		An amount not exceeding five percent (5%) of the fair market value of the trust,
16		-	averaged over the balance as of the last day of the trust fiscal year immediately preceding
17		-	the distribution year and the two (2) preceding years or, if less than two (2) years, the
18		-	average of the balance as of the last day of each trust fiscal year for the period of time the
19		-	trust has been in existence.
20		-	SECTION 2. Tennessee Code Annotated, Section 46-1-204, is amended by deleting
21		-	subsection (c) and substituting:
22		-	(c) A cemetery company may charge a fee for the memorial care of every commodity
23		-	installed in the cemetery. The fee must not exceed seventy-five cents (75¢) per square inch
24		-	of the ground covered by the commodity. At the end of each calendar year, the cemetery
25		-	company may increase the fee charged pursuant to this subsection (c) for the memorial care
26		-	of commodities by no more than the percentage representing the consumer price index at
27		-	the end of that calendar year. The fee charged for memorial care of a commodity must not
28		-	exceed the fee charged by the cemetery company for installation of the commodity. A
29		-	cemetery company must not charge a different memorial care fee based on the source of the
30		-	commodity.
31		-	SECTION 3. Tennessee Code Annotated, Section 46-2-101 (b)(2), is amended by deleting
32		-	the subdivision and substituting the following:
33		-	(2)(A) A cemetery company may prohibit the installation of a commodity by
34		-	noncemetery personnel; provided, that the fee charged by the cemetery company for
35		-	installation of the commodity by the cemetery company does not exceed seventy-five
36		-	cents (75¢) per square inch of the ground covered by the commodity. At the end of
37		-	each calendar year, the cemetery company may increase the fee charged pursuant to
38		-	this subdivision (b )(2)(A) for the installation of commodities by no more than the
39		-	percentage representing the consumer price index at the end of that calendar year. A
40		-	cemetery company must not charge a different installation fee based on the source of
41		-	the commodity. The cemetery company shall install all commodities furnished from
42		-	sources other than the cemetery within thirty (30) days of the receipt of the
43		-	commodity, weather permitting.
44		-	(8) If the fee charged by a cemetery company for installation of a commodity
45		-	exceeds the fee scale described in subdivision (b )(2)(A), then the cemetery company
46		-	shall permit installation of the commodity by noncemetery personnel, if requested by
47		-	the interment right owner, or the owner's representative, agent, heirs, or assigns.
48		-	SECTION 4. Tennessee Code Annotated, Section 46-2-101 (b)(3), is amended by deleting
49		-	the first sentence. SB 715
50		-	SECTION 5. Tennessee Code Annotated, Section 46-2-101 (c), is amended by deleting the
51		-	second sentence and substituting the following:
52		-	The cemetery owner may charge an administrative, processing, or documentation fee;
53		-	provided, however, that the fee is an equal amount charged to all persons. The fee must be
54		-	posted on the schedule of charges as required by subsection (d).
55		-	SECTION 6. Tennessee Code Annotated, Section 46-1-204(b)(3), is amended by adding the
56		-	following as a new subdivision:
57		-	(C) Additional deposits to the improvement care trust fund are not required on the
58		-	sale of subsequent interment rights for the same cemetery land, lawn crypt, mausoleum,
59		-	crypt, niche, or any memorial other than a commodity, for which an improvement care
60		-	deposit has already been made.
61		-	SECTION 7. Tennessee Code Annotated, Title 46, is amended by adding the following as a
62		-	new chapter:
	20	+	averaged over the balance as of the last day of the trust fiscal year immediately
	21	+	preceding the distribution year and the two (2) preceding years or, if less than two (2)
	22	+	years, the average of the balance as of the last day of each trust fiscal year for the
	23	+	period of time the trust has been in existence.
	24	+	SECTION 2. Tennessee Code Annotated, Section 46-1-204(c), is amended by deleting
	25	+	the second and third sentences.
	26	+	SECTION 3. Tennessee Code Annotated, Section 46-2-101(b), is amended by deleting
	27	+	subdivision (2) and substituting:
	28	+	(2) The charge for installation of a commodity by the cemetery owner must be
	29	+	the same to all persons, regardless of the source of the commodity. A cemetery owner
	30	+	may prohibit the installation of a commodity by noncemetery personnel. The cemetery
	31	+	owner shall install all commodities furnished from sources other than the cemetery within
	32	+	thirty (30) days of the receipt of the commodity, weather permitting.
	33	+	SECTION 4. Tennessee Code Annotated, Section 46-2-101(b)(3), is amended by
	34	+	deleting the first sentence.
	35	+
	36	+
	37	+	- 2 - 002646
	38	+
	39	+	SECTION 5. Tennessee Code Annotated, Section 46-2-101(c), is amended by deleting
	40	+	the second sentence and substituting the following:
	41	+	The cemetery owner may charge an administrative, processing, or
	42	+	documentation fee; provided, however, that the fee is an equal amount charged
	43	+	to all persons. The fee must be posted on the schedule of charges as required
	44	+	by subsection (d).
	45	+	SECTION 6. Tennessee Code Annotated, Section 46-1-204(b)(3), is amended by
	46	+	adding the following as a new subdivision:
	47	+	(C) Additional deposits to the improvement care trust fund are not required on
	48	+	the sale of subsequent interment rights for the same cemetery land, lawn crypt,
	49	+	mausoleum, crypt, niche, or any memorial other than a commodity, for which an
	50	+	improvement care deposit has already been made.
	51	+	SECTION 7. Tennessee Code Annotated, Title 46, is amended by adding the following
	52	+	as a new chapter:
63	53		46-3-101. Chapter definitions.
64	54		As used in this chapter:
65		-	(1) "Cemetery" has the same meaning as defined in§ 46-1-102;
66		-	(2) "Cemetery company" has the same meaning as defined in§ 46-1-102;
67		-	(3) "Community columbarium" means a structure, room, or space in a building
68		-	or structure used, or intended to be used, for the interment of cremated human
69		-	remains by members of the general public;
70		-	(4) "Community mausoleum" means a structure, above ground, or partially
71		-	above and partially below ground, containing crypts and niches used or intended for
72		-	use by members of the general public;
73		-	(5) "Crypt" has the same meaning as defined in§ 46-1-102;
74		-	(6) "Grave space" has the same meaning as defined in§ 46-1-102;
75		-	(7) "Interment" has the same meaning as defined in§ 46-1-102;
76		-	(8) "Interment right" means the right to inter human remains in a particular
77		-	grave space, community mausoleum, or community columbarium in a cemetery; and
78		-	(9) "Niche" has the same meaning as defined in§ 46-1-102.
	55	+	(1) "Cemetery" means any land or structure in this state dedicated to and
	56	+	used, or intended to be used, for interment of human remains;
	57	+	(2) "Cemetery company" means an individual, partnership, corporation,
	58	+	or association owning or controlling cemetery lands or property and conducting
	59	+	the business of a cemetery;
	60	+	(3) "Community columbarium" means a structure, room, or space in a
	61	+	building or structure used, or intended to be used, for the interment of cremated
	62	+	human remains by members of the general public;
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	65	+	- 3 - 002646
	66	+
	67	+	(4) "Community mausoleum" means a structure, above ground, or
	68	+	partially above and partially below ground, containing crypts and niches used or
	69	+	intended for use by members of the general public;
	70	+	(5) "Crypt" means a chamber of sufficient size to inter the remains of a
	71	+	deceased person;
	72	+	(6) "Grave space" means a space of ground in a cemetery used or
	73	+	intended to be used for interment, the beautification of the ground, or the
	74	+	memorialization of the deceased person;
	75	+	(7) "Interment" means any lawful disposition of the remains of a
	76	+	deceased person as provided by law;
	77	+	(8) "Interment right" means the right to inter human remains in a
	78	+	particular grave space, community mausoleum, or community columbarium in a
	79	+	cemetery; and
	80	+	(9) "Niche" means a space in a community columbarium used, or
	81	+	intended to be used, for the interment of the cremated remains of one (1) or more
	82	+	deceased persons.
79	83		46-3-102. Abandonment of interment rights.
80		-	(a) An interment right is considered abandoned, and reverts to the cemetery company
81		-	that owns or controls the cemetery where the right was purchased, if the following occurs:
82		-	(1) Seventy-five (75) years passes without known contact with the recorded
83		-	owner of the interment right or, if the recorded owner is deceased, with an heir or
84		-	beneficiary of the recorded owner of the right;
85		-	(2) The cemetery company conducts a reasonable search for the recorded
86		-	owner of the interment right and, if the recorded owner of the interment right is
87		-	deceased, an heir or beneficiary of the owner; the reasonable search must include:
88		-	(A) Sending a certified letter of notice to the last known address of the
89		-	recorded owner of the interment right, or any known heir or beneficiary of the
90		-	owner; provided that, if an address is not available, this subdivision (a)(2)(A)
91		-	does not apply; and
92		-	(B) Publishing a description of the interment right specifying the exact
93		-	location of the right within the cemetery on the cemetery company's website, if
94		-	available, for a minimum of twelve (12) months; and
95		-	(3) An individual does not provide proof of ownership of the interment right
96		-	within one (1) year from the first date of the publication required by subdivision
97		-	(a)(2)(8).
98		-	2 SB 715
99		-	(b) A cemetery may not reclaim any interment right if a memorial has been installed
100		-	on the cemetery space.
101		-	(c) An individual who provides proof of ownership of an interment right that is deemed
102		-	abandoned pursuant to this section that has been used or sold by the cemetery company is
103		-	entitled to receive an interment right from the cemetery company's available inventory of
104		-	equal value to the resale price of the abandoned interment right that reverted to the cemetery
105		-	company or the original purchase price, whichever is greater, for up to twenty-five (25) years
106		-	after the right was reclaimed by the cemetery company.
107		-	(d) A cemetery that reclaims an interment right under this section must keep a record
108		-	of such reclamation and provide the record to the commissioner of commerce and insurance
109		-	upon request.
110		-	( e) A cause of action does not arise from reclamation of an abandoned interment right
111		-	if the interment right was reclaimed in accordance with this section.
112		-	SECTION 8. Tennessee Code Annotated, Section 46-1-105(a), is amended by deleting the
113		-	first sentence and substituting:
	84	+	(a) An interment right is considered abandoned, and reverts to the cemetery
	85	+	company that owns or controls the cemetery where the right was purchased, if the
	86	+	following occurs:
	87	+	(1) Seventy-five (75) years passes without known contact with the
	88	+	recorded owner of the interment right or, if the recorded owner is deceased, with
	89	+	an heir or beneficiary of the recorded owner of the right;
	90	+	(2) The cemetery company conducts a reasonable search for the
	91	+	recorded owner of the interment right and, if the recorded owner of the interment
	92	+
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	95	+
	96	+	right is deceased, an heir or beneficiary of the owner; the reasonable search
	97	+	must include:
	98	+	(A) Sending a certified letter of notice to the last known address
	99	+	of the recorded owner of the interment right, or any known heir or
	100	+	beneficiary of the owner; provided that, if an address is not available, this
	101	+	subdivision (a)(2)(A) does not apply; and
	102	+	(B) Publishing a description of the interment right specifying the
	103	+	exact location of the right within the cemetery on the cemetery company's
	104	+	website, if available, for a minimum of twelve (12) months; and
	105	+	(3) An individual does not provide proof of ownership of the interment
	106	+	right within one (1) year from the first date of the publication required by
	107	+	subdivision (a)(2)(B).
	108	+	(b) A cemetery may not reclaim any interment right if a memorial has been
	109	+	installed on the cemetery space.
	110	+	(c) An individual who provides proof of ownership of an interment right that is
	111	+	deemed abandoned pursuant to this section that has been used or sold by the cemetery
	112	+	company is entitled to receive an interment right from the cemetery company's available
	113	+	inventory of equal value to the resale price of the abandoned interment right that
	114	+	reverted to the cemetery company or the original purchase price, whichever is greater,
	115	+	for up to twenty-five (25) years after the right was reclaimed by the cemetery company.
	116	+	(d) A cemetery that reclaims an interment right under this section must keep a
	117	+	record of such reclamation and provide the record to the commissioner of commerce
	118	+	and insurance upon request.
	119	+	SECTION 8. Tennessee Code Annotated, Section 46-1-105(a), is amended by deleting
	120	+	the first sentence and substituting:
	121	+
	122	+
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	124	+
114	125		There is established within the state general fund a cemetery state administrative
115	126		fund referred to as the "cemetery state administrative account".
116	127		SECTION 9. Tennessee Code Annotated, Section 46-1-105, is amended by deleting
117	128		subsection (c) and substituting:
118		-	(c) A renewal of a certificate of registration must not be issued unless the applicant
119		-	pays, in addition to the renewal fee, a state administrative fee of twenty dollars ($20.00) for
120		-	every pre-need sales contract entered into during the preceding renewal period, except that
121		-	the applicant is not required to pay the state administrative fee on any pre-need sales
122		-	contract entered into that was subsequently cancelled prior to the applicant's request for
123		-	renewal of a certificate of registration. If the pre-need contract covers both cemetery
124		-	merchandise and funeral merchandise as defined in§ 62-5-403, then the cemetery company
125		-	is only required to pay one (1) administrative fee for the contract, which must be credited to
126		-	the cemetery state administrative account. A cemetery company shall not charge a
127		-	consumer more than one (1) state. administrative fee for the execution of one (1) or more
128		-	cemetery contracts entered into by the consumer at any one (1) time.
	129	+	(c) A renewal of a certificate of registration must not be issued unless the
	130	+	applicant pays, in addition to the renewal fee, a state administrative fee of twenty dollars
	131	+	($20.00) for every pre-need sales contract entered into during the preceding renewal
	132	+	period, except that the applicant is not required to pay the state administrative fee on
	133	+	any pre-need sales contract entered into that was subsequently cancelled prior to the
	134	+	applicant's request for renewal of a certificate of registration. If the pre-need contract
	135	+	covers both cemetery merchandise and funeral merchandise as defined in § 62-5-403,
	136	+	then the cemetery company is only required to pay one (1) administrative fee for the
	137	+	contract, which must be credited to the cemetery state administrative account. A
	138	+	cemetery company shall not charge a consumer more than one (1) state administrative
	139	+	fee for the execution of one (1) or more cemetery contracts entered into by the
	140	+	consumer at any one (1) time.
129	141		SECTION 10. Tennessee Code Annotated, Section 46-1-204(b)(3)(A), is amended by
130	142		deleting subdivisions (i)-(iii) and substituting:
131		-	• (i) For interment rights in land, but not including interment rights in a lawn crypt or
132		-	interment rights in land donated without charge for the purpose of interring the remains of a
133		-	deceased person who was under eighteen (18) years of age at the time of death, one dollar
134		-	($1.00) per square foot of the land set aside for said interment rights or twenty percent (20%)
135		-	of the total transaction amount for the land set aside for said interment rights, whichever is
136		-	greater; •
137		-	(ii) For interment rights in a lawn crypt, twenty percent (20%) of the total transaction
138		-	amount for the land set aside for the interment rights,. excluding the lawn crypt or fifty dollars
139		-	($50.00), whichever is greater;
140		-	(iii) For interment rights in a mausoleum, crypt, niche, or any memorial other than a
141		-	commodity, not less than ten percent (10%) of the total transaction amount for each item;
142		-	SECTION 11. Tennessee Code Annotated, Section 46-1-108(a), is amended by deleting "the
143		-	lots" and substituting "interment rights".
144		-	SECTION 12. Tennessee Code Annotated, •Section 46-2-101 (b)(1 ), is .amended by deleting
145		-	"a lotowner" and substituting "the interment right owner".
146		-	SECTION 13. This act takes effect January 1, 2026, the public welfare requiring it.
147		-	3 PASSED:
148		-	SENATE BILL NO. 715
149		-	March 20, 2025
150		-	n
151		-	RAN,v McNALL y
152		-	SPEAKER OF 1\/E SENA TE
153		-	C?~
154		-	CAMERONSEXTON,SPEAKER
155		-	HOUSE OF REPRESENTATIVES
156		-	APPROVED this ~ day of /Jrer( f 2025
157		-	BILL LEE, GOVERNOR
	143	+	(i) For interment rights in land, but not including interment rights in a lawn crypt
	144	+	or interment rights in land donated without charge for the purpose of interring the
	145	+	remains of a deceased person who was under eighteen (18) years of age at the time of
	146	+	death, one dollar ($1.00) per square foot of the land set aside for said interment rights or
	147	+	twenty percent (20%) of the total transaction amount for the land set aside for said
	148	+	interment rights, whichever is greater;
	149	+
	150	+
	151	+	- 6 - 002646
	152	+
	153	+	(ii) For interment rights in a lawn crypt, twenty percent (20%) of the total
	154	+	transaction amount for the land set aside for the interment rights, excluding the lawn
	155	+	crypt or fifty dollars ($50.00), whichever is greater;
	156	+	(iii) For interment rights in a mausoleum, crypt, niche, or any memorial other
	157	+	than a commodity, not less than ten percent (10%) of the total transaction amount for
	158	+	each item;
	159	+	SECTION 11. Tennessee Code Annotated, Section 46-1-108(a), is amended by
	160	+	deleting "the lots" and substituting "interment rights".
	161	+	SECTION 12. This act takes effect upon becoming a law, the public welfare requiring it.