S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3179

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to requiring indi-
  viduals  and  businesses  who offer or solicit pet cremation or burial
  services for profit use a facility that is in compliance with New York
  state laws

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  750-b  of  the general business law, as added by
chapter 526 of the laws of 1992, is amended to read as follows:
  S 750-b. License required. [On and after July  thirty-first,  nineteen
hundred  ninety-three,  no person shall engage for a fee in the business
of operating a pet cemetery  or  pet  crematorium  or  hold  himself  or
herself out as being able so to do unless he or she is licensed therefor
pursuant  to  this article] THE STATE SHALL REQUIRE THAT ANY INDIVIDUAL,
BUSINESS, OR ENTITY OFFERING  OR  SOLICITING  PET  CREMATION  OR  BURIAL
SERVICES  FOR PROFIT, IN THE STATE OF NEW YORK, USE A LICENSED CREMATORY
OR CEMETERY LOCATED IN, LICENSED BY, AND SUBJECT TO  REGULATION  BY  THE
STATE  OF  NEW YORK.   Nothing [herein] IN THIS SECTION shall prohibit a
person licensed in accordance with the provisions of this  article  from
employing  individuals  to  assist in the operation of a pet cemetery or
pet crematorium.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04339-01-3


              

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3179--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- recommitted to the Committee on Consumer Affairs and Protection
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN ACT to amend the general business law, in relation to requiring indi-
  viduals  and  businesses  who offer or solicit pet cremation or burial
  services for profit use a facility that is in compliance with New York
  state laws

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  750-b  of  the general business law, as added by
chapter 526 of the laws of 1992, is amended to read as follows:
  S 750-b. License required. On and after  July  thirty-first,  nineteen
hundred  ninety-three,  no person shall engage for a fee in the business
of operating a pet cemetery  or  pet  crematorium  or  hold  himself  or
herself out as being able so to do unless he or she is licensed therefor
pursuant  to this article. NO INDIVIDUAL, BUSINESS, OR ENTITY SOLICITING
PET CREMATION OR BURIAL SERVICES FOR PROFIT, SHALL KNOWINGLY  OFFER  THE
SERVICES  OF A CREMATORY OR CEMETERY THAT IS NOT AUTHORIZED BY THE STATE
IN WHICH SUCH INDIVIDUAL, BUSINESS OR ENTITY OPERATES TO ENGAGE IN  SUCH
ACTIVITIES.  Nothing  [herein]  IN  THIS SECTION shall prohibit a person
licensed in accordance with the provisions of this article from  employ-
ing  individuals  to  assist  in  the operation of a pet cemetery or pet
crematorium.
  S 2. Subdivision 1 of section 750-s of the general  business  law,  as
amended  by  chapter  123  of  the  laws  of 1993, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04339-05-4

              

A. 3179--B                          2

  1. Each person who gives to a veterinarian or a pet cemetery owner  or
pet  crematorium  owner  a  pet  for  disposal shall be provided by such
veterinarian or pet cemetery owner or pet crematorium owner with  a  pet
disposal  disclosure  document,  in  form  approved  by the secretary of
state,  which  shall  set forth the alternative methods of pet disposal,
the cost of each such method of pet disposal, if  available,  [and]  the
nature of or place in which each method of disposal will be carried out,
AND NOTICE THAT ANY INDIVIDUAL OR ENTITY PROVIDING PET DISPOSAL SERVICES
OUTSIDE  OF NEW YORK IS SUBJECT TO REGULATION BY THE STATE IN WHICH SUCH
INDIVIDUAL OR ENTITY IS LOCATED. The veterinarian or  the  pet  cemetery
owner  or  the  pet crematorium owner, as the case may be, shall give to
the person who completes the form a copy of the form and retain  a  copy
of  said form. If the person completing the form chooses to have the pet
disposed of by a pet cemetery or pet crematorium and makes the  arrange-
ments  therefor  through  a veterinarian, the veterinarian shall provide
the person with the name, location and telephone number of the pet ceme-
tery or pet crematorium so that the person may obtain information  about
the  pet cemetery or pet crematorium. The veterinarian shall also ensure
that a copy of the pet disposal form accompanies  the  pet  when  it  is
removed from the veterinarian's office.
  S 3. This act shall take effect immediately.