Spurred in part by ongoing problems at a Lawrence cemetery, an Atchison tombstone maker is pushing for more state oversight of the cemetery industry.

Scott Strasburg, an owner of Atchison-based Byrd Memorial Co., said House Bill 2275, which is currently before the Legislature, could help curb predatory fees charged by some cemeteries and create a commission to handle complaints brought by cemetery customers.

“What we’re running into is cemeteries that say nobody can set a stone in their cemetery except them,” Strasburg said. “And then when you try, they tell you they’re going to charge you these fees.

“When somebody loses somebody, they are not in the right frame of mind to deal with some of these scare tactics,” he said. “Unfortunately, there’s a lot of people out there charging little old ladies bogus fees.”

Strasburg said he has had problems with customers who have used Memorial Park Cemetery being threatened with a variety of fees if they do not buy their tombstone directly from the cemetery company. But he said the problem occurs statewide.

Strasburg said the installation fee often could add $400 or more to the price of a tombstone. HB 2275 would allow cemeteries to charge the fee if they actually do the installation, but it would stop the cemetery from charging the fee if the consumer chose to buy the stone from an outside tombstone company.

The bill is scheduled for hearing Monday before the House Committee on Financial Institutions. Strasburg said he’s hoping to hear from many people who have been affected by the fees so he can share their stories with lawmakers.

The bill has support in Lawrence. Larry McElwain, an owner of Lawrence’s Warren McElwain Mortuary, said the fees were a problem.

City looks at buying troubled cemetery (02-17-05) 6News video: City leaders begin budget talks (02-16-05) Cemetery probe now in hands of Kline (01-15-05) Education, city growth expected to be among big stories in 2005 (01-02-05) 6News video: Attorney general investigating Lawrence cemetery operations (01-14-05) Employees, clients say cemetery ownership lax (11-05-04) 6News video: Unmarked grave stones spark anger among residents (11-04-04) Cemetery fails to meet maintenance requirement (10-14-04) 6News video: Cemetery instructed to improve maintenance (10-13-04) Cemetery maintenance deemed disrespectful (8-24-04) 6News video: Cemetery maintenance draws complaints Police seek information on cemetery vandalism (08-17-04) ’05 city budget gains approval (08-11-04)

“I think it is a good piece of consumer legislation,” McElwain said. “The way it has been in recent years, some cemeteries have thought they could tack on fees that are exorbitant just to keep somebody from going to another (tombstone) company.”

A manager at Memorial Park did not return calls seeking comment on the bill. Fred DeVictor, director of Lawrence Parks and Recreation, which oversees two city cemeteries, said he did not have a problem with the bill. He said the city’s cemeteries only charge a $20 fee to locate and mark the grave where a stone will be set. The bill would not prohibit those type of charges.

Strasburg said he also is trying to get the bill expanded to include creation of a new commission that could help address maintenance problems such as those that have been a frequent concern at Memorial Park and other cemeteries.

He said a state commission could be responsible for ensuring cemeteries meet all state regulations. It also would serve as a body to which consumers could take their complaints about cemeteries.

Linda Knabe, a Eudora resident who buried her parents at Memorial Park, said she would welcome such a commission. She said she had been disturbed to find a large pile of dirt covering her father’s grave after a backhoe apparently drove over it and became stuck.

“I think the idea of a commission is a good one,” Knabe said. “We haven’t had anybody to talk to about the problems out at Memorial Park. We feel like we don’t have any leverage.”

McElwain, though, said he was hesitant to create a new layer of state bureaucracy to oversee cemeteries. He said consumers could always take their complaints about cemeteries to the Kansas Attorney General’s Office.

“I think they are pretty responsive to those complaints,” McElwain said.

The attorney general currently is investigating allegations that Memorial Park officials have not been complying with a state law that required private cemeteries to deposit 15 percent — or a minimum of $25 per plot — from burial plot sales into a permanent maintenance fund. A spokesman with the Attorney General’s Office this week declined to comment on the status of the investigation.