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

                                  6421

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the not-for-profit corporation law, in relation to regu-
  lation of interments in certain cemetery corporations

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

  Section  1.  Section  1502  of  the  not-for-profit corporation law is
amended by adding a new paragraph (q) to read as follows:
  (Q) THE TERM "PET CREMATED REMAINS" MEANS ASHES AND/OR  OTHER  RESIDUE
RECOVERED  AFTER THE COMPLETION OF CREMATION OF ANY DOMESTIC ANIMAL THAT
HAS BEEN ADAPTED OR TAMED TO LIVE IN INTIMATE  ASSOCIATION  WITH  PEOPLE
WHERE  SUCH  CREMATION  HAS  OCCURRED AT A PET CREMATORIUM AS DEFINED IN
SECTION SEVEN HUNDRED FIFTY-A OF THE GENERAL BUSINESS LAW.
  S 2. Section 1510 of the not-for-profit corporation law is amended  by
adding a new paragraph (n) to read as follows:
  (N)  INTERMENT  OF PET CREMATED REMAINS. THE INTERMENT OF PET CREMATED
REMAINS IN A CEMETERY CORPORATION SHALL BE AVAILABLE TO A LOT OWNER ONLY
IN THOSE CIRCUMSTANCES WHERE THE INTERMENT IS INCIDENTAL TO  THE  BURIAL
OF  HUMAN REMAINS AND WHERE AUTHORIZATION HAS BEEN PROVIDED IN A WRITTEN
STATEMENT FROM THE CEMETERY CORPORATION.  THE CEMETERY CORPORATION SHALL
PROVIDE A LIST OF APPROVED CHARGES FOR THE INTERMENT  OF  SUCH  REMAINS.
ALL  PAYMENTS  RECEIVED FOR INTERMENT OF SUCH REMAINS SHALL BE DEPOSITED
IN THE CEMETERY CORPORATION'S PERMANENT MAINTENANCE FUND.  PET  CREMATED
REMAINS MUST BE DISPOSED OF BY PLACING THEM IN A GRAVE, CRYPT, OR NICHE.
NOTHING  IN  THIS SECTION SHALL OBLIGATE A CEMETERY CORPORATION TO ALLOW
INTERMENT OF SUCH CREMATED PET REMAINS WHERE PRIOR APPROVAL AT THE  TIME
OF  SALE  OR IN ADVANCE OF NEED HAS NOT BEEN RECEIVED. THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO AN INCORPORATED OR UNINCORPORATED  CEME-
TERY  OPERATED, SUPERVISED OR CONTROLLED BY A RELIGIOUS CORPORATION OR A
LOT, PLOT OR PART THEREOF WHOSE RECORD OWNER IS AN INCORPORATED OR UNIN-
CORPORATED RELIGIOUS ASSOCIATION OR SOCIETY.
  S 3. This act shall take effect immediately.

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

                                                           LBD09950-01-3