Virginia Code 57-39.22: Certain representations unlawful; perpetual care trust fund required
A. Effective July 1, 1996, it shall be unlawful to sell or offer for sale in the Commonwealth any burial right in a pet cemetery, and in connection therewith to represent to the public, in any manner, express or implied, that the entire pet cemetery or any burial or interment right therein will be perpetually cared for, unless adequate provision has been made for the perpetual care of the cemetery and all burials and interment rights therein as to which such representation has been made.
Terms Used In Virginia Code 57-39.22
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Burial right: means the right of interment. See Virginia Code 57-39.20
- Interment: means the disposition of pet remains by earth burial, entombment in a mausoleum, or inurnment in a columbarium. See Virginia Code 57-39.20
- Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
- Operator: means any person engaged in the business of selling or offering for sale any burial or interment right in a pet cemetery and representing to the public that such cemetery, single burial or interment right therein will be perpetually cared for. See Virginia Code 57-39.20
- Perpetual care fund: means a fund created to provide income to a pet cemetery to provide care, maintenance, administration and embellishment of the pet cemetery. See Virginia Code 57-39.20
- Personal property: All property that is not real property.
- Pet: means an animal that has been adapted or tamed to live in intimate association with or for the pleasure of people and includes but is not limited to dogs, cats, birds, rabbits, and hamsters. See Virginia Code 57-39.20
- Pet cemetery: means land, together with any structures, facilities, or buildings appurtenant thereto provided to members of the public for use or reservation for use for the individual interment, above or below ground, of pet remains. See Virginia Code 57-39.20
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
B. Each pet cemetery operator shall establish in a bank, savings and loan or other federally insured investment banking institution doing business in the Commonwealth an irrevocable trust fund in the amount of at least $12,000 before the first lot, parcel of land, burial or interment right is sold. This fund shall be designated the perpetual care fund.
C. The moneys of a perpetual care fund shall be invested as provided by § 2.2-4519, Article 9 (§ 64.2-780 et seq.) of Chapter 7 of Title 64.2, and §§ 64.2-1502 through 64.2-1506, except as provided otherwise herein.
D. The income from the perpetual care fund shall be used only for the maintenance, supervision, improvement, and preservation of the grounds, lots, markers, memorials, buildings, equipment, statuary, and other real and personal property of the pet cemetery and for the payment of real property taxes. Annual reports of all the assets and investments of the perpetual care fund shall be prepared and maintained by the operator, and shall be available for inspection at reasonable times to any owner of a burial right in the pet cemetery. Such records shall be subject to examination by the commissioner of revenue.