Gail Buckner blasts signing of cemetery legislation
House Bill 910 will eliminate consumer protection regulations

FOR IMMEDIATE RELEASE – May 8, 2006

Contact: Gail Buckner, 770-473-9093 or gailbuckner@bellsouth.net

  Steve Anthony, 678-237-9556 or scanthony@mindspring.com

Linton Johnson, 404-285-2453 or linton.johnson@wordexpress.info

ATLANTA - State Rep. Gail Buckner, Democratic candidate for Georgia Secretary of State, said Monday she is disappointed that Gov. Perdue signed into law legislation that will remove consumer protection regulations on the private cemetery industry.

"House Bill 910 will enable private, perpetual care cemeteries to shed necessary regulations that were placed on them six years ago following a series of consumer scandals," said Buckner, who voted against the bill when it was approved on the House floor well past midnight on the General Assembly's "cross-over day."

"In addition, this measure increases the fees that private cemeteries can charge for transferring ownership of burial plots as well as for markers purchased from outside sources," Buckner said. "But more importantly, HB 910 will shift authority over $218 million held to guarantee maintenance of cemeteries and pre-paid funeral services from the Secretary of State's Office to a six-member panel appointed by the governor."

In 2000, the Secretary of State inherited this escrow fund after a hearing where witnesses told of family burial plots going to seed, cemeteries declaring bankruptcy, and dishonest sales staff peddling the same plot to more than one individual.

Reforms included requiring funeral homes and cemeteries to disclose all fees, in writing, at the time of procurement. The 2000 reform act was hailed as a major victory for consumers, but HB 910 will overturn that progress.

This bill also raises the amount cemeteries are allowed to charge for burial plot transfers from $50 to $75. Maximum fees a cemetery proprietor can levy for a family to hire an outside company to install a marker would increase from $50 to $125.

HB 910 affects 210 private cemeteries in Georgia, but does not apply to traditional church or municipal graveyard facilities. It should be noted that this measure was, of course, supported by the funeral and cemetery industries but emphatically opposed by consumer groups such as the AARP.

Under current law, funeral home owners are required to place 100 percent of all money from "pre-need" sales - cash paid by consumers in advance of their deaths - into an escrow account. Private cemetery owners are required to place 35 percent of their sales in a fund to ensure the perpetual care - i.e. landscape maintenance - as promised to purchasers.

HB 910 will allow the industry to reduce those payments, which would more than likely mean a return to the scandals of the past. Many cemeteries are now owned by corporate chains that would be eager to inflate their bottom dollar.

"When it comes to protecting Georgia consumers, 'why fix something that ain't broken'?" Buckner asked Monday. 'Besides being totally inconsistent with current law, this proposal will allow far too much reach for a self-regulating industry. In fact, I plan to set up a consumer watch dog group to monitor future pricing."

Buckner is the most experienced state official and the most successful campaigner in the Democratic Primary for Georgia Secretary of State. For more information, visit her official web site at www.gailbuckner.com.

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