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TennesseeSB 0715114th General Assembly (2025-2026)SenateWALLET

AN ACT to amend Tennessee Code Annotated, Title 46, relative to cemeteries.

Sponsored By: Brent Taylor (Republican)

Became Law

Cemeteries

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

New rules for abandoned burial plots

Beginning January 1, 2026, a cemetery can declare a burial right abandoned after 75 years with no known contact and a reasonable search. The search includes a certified letter to the last known address, posting the plot and exact location on the cemetery website for at least 12 months, and giving one year for proof of ownership. A cemetery cannot reclaim a right if a memorial is installed on that space. If your right was used or sold as abandoned, you can get a replacement right worth the higher of the resale price or your original price for up to 25 years after reclamation, with proof of ownership. If the cemetery followed the statute’s steps, no lawsuit arises from the reclamation. Cemeteries must keep a record of each reclamation and give it to the state regulator on request.

Stronger rules for cemetery care funds

Beginning January 1, 2026, sellers must place minimum improvement care deposits: for land, $1 per square foot or 20% of the land price, whichever is larger; for a lawn crypt’s land, 20% or $50, whichever is larger; and for a mausoleum, crypt, niche, or other memorial item, at least 10% of each item’s price. Interment land donated to bury a person under 18 is excluded from the land calculation. If a deposit was already made for the same item, no extra deposit is required on later sales. Trustees may distribute no more than 5% of a trust’s average fair market value each year, based on the last one to three fiscal year‑end balances.

Caps and timelines for cemetery installations

Beginning January 1, 2026, a cemetery can block outside installers only if its own installation fee is $0.75 per square inch or less. If the fee is higher, the owner can require a non‑cemetery installer. The cemetery must install outside‑supplied items within 30 days of receipt, weather permitting. Memorial care fees are capped at $0.75 per square inch, cannot exceed the cemetery’s installation fee, and cannot vary by source. Cemeteries may charge an administrative or documentation fee only if it is the same for everyone and posted on the price list. Each capped fee can rise each year by no more than that year’s Consumer Price Index change.

New $20 fee on pre-need contracts

Beginning January 1, 2026, to renew registration, cemeteries must pay $20 for each pre‑need sales contract from the prior period, excluding contracts canceled before renewal. If one contract covers both cemetery and funeral items, only one $20 fee applies. Cemeteries cannot charge a consumer more than one state administrative fee at the same time. The state creates a cemetery administrative account, and these fees go into it.

New definitions and cleanup changes

Beginning January 1, 2026, the law defines “community columbarium,” “community mausoleum,” and “interment right.” It also deletes the first sentence of Section 46‑2‑101(b)(3). The effect depends on how these terms and the deleted text are used elsewhere.

Sponsors & Cosponsors

Sponsor

  • Brent Taylor

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 159 • No: 1

Senate vote • 3/20/2025

FLOOR VOTE: Motion to Concur House Amendment # 2 3/20/2025

Yes: 32 • No: 0

House vote • 3/17/2025

FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/17/2025

Yes: 92 • No: 0

Senate vote • 3/10/2025

FLOOR VOTE: as Amended Third Consideration 3/10/2025

Yes: 28 • No: 1

Senate vote • 3/4/2025

SENATE COMMERCE AND LABOR COMMITTEE

Yes: 7 • No: 0

Actions Timeline

  1. Pub. Ch. 119

    4/8/2025

  2. Effective date(s) 01/01/2026

    4/8/2025

  3. Signed by Governor.

    4/3/2025Senate

  4. Transmitted to Governor for action.

    3/25/2025Senate

  5. Signed by Senate Speaker

    3/24/2025Senate

  6. Signed by H. Speaker

    3/24/2025House

  7. Concurred, Ayes 32, Nays 0 (Amendment 2 - HA0093)

    3/20/2025Senate

  8. Enrolled and ready for signatures

    3/20/2025Senate

  9. Placed on Senate Message Calendar for 3/20/2025

    3/18/2025Senate

  10. Subst. for comp. HB.

    3/17/2025House

  11. Am. withdrawn. (Amendment 1 - HA0092)

    3/17/2025House

  12. H. adopted am. (Amendment 2 - HA0093)

    3/17/2025House

  13. Passed H., as am., Ayes 92, Nays 0, PNV 3

    3/17/2025House

  14. Rcvd. from S., held on H. desk.

    3/13/2025House

  15. Senate adopted Amendment (Amendment 1 - SA0073)

    3/10/2025Senate

  16. Passed Senate as amended, Ayes 28, Nays 1

    3/10/2025Senate

  17. Engrossed; ready for transmission to House

    3/10/2025Senate

  18. Placed on Senate Regular Calendar for 3/10/2025

    3/7/2025Senate

  19. Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 0 PNV 0

    3/4/2025Senate

  20. Placed on Senate Commerce and Labor Committee calendar for 3/4/2025

    2/25/2025Senate

  21. Placed on Senate Commerce and Labor Committee calendar for 3/4/2025

    2/25/2025Senate

  22. Passed on Second Consideration, refer to Senate Commerce and Labor Committee

    2/12/2025Senate

  23. Introduced, Passed on First Consideration

    2/10/2025Senate

  24. Filed for introduction

    2/3/2025Senate

Bill Text

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