BILL NUMBER: S2763

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to the right to
contract for the burial of cremains in pet cemeteries and requiring
notice related thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide notice to individuals who seek to bury a pet owner's cremains
with the pet owner's pet(s) in a pet cemetery.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the General Business Law by adding a new
section 750-vv to provide that pet cemetery owners and operators who
allow for the burial of cremains of pet owners with their pets pursuant
to a written contract may charge a reasonable fee for such burial and
must provide notice as described in this section to anyone who seeks to
bury a pet owner's cremains with the pet owner's pet before any contract
              

is signed or consideration is paid for such burial. The notice shall be
in fourteen bold type, shall be contained in a document separate from
all other forms provided to the customer or the person making the
arrangements for burial or disposal and shall also be included in any
contract arranging for burial or disposal of remains in a pet cemetery.
Such notice shall state the following: "This property is not a cemetery
for human cremains.  Cremains disposed of on this property will not be
covered by the protections and legal rights.granted by New York State
Law to cremains disposed of in a cemetery.

The family and descendants of the deceased will not be covered by the
protections and legal rights granted by New York State Law to the family
and descendants of deceased persons whose cremains are disposed of in a
cemetery such as mandatory records of burials, rights of memorialization
and restrictions on removal. There is no assurance under New York State
Law that this property will be maintained in its current condition and
for its current purpose.  There is no assurance under New York State Law
that this property will not be sold or transferred to another owner, or
that access to this property will remain open to you, the family or the
descendants of the deceased.

There is no assurance under New York State Law that any burial plots or
memorials for cremains on this property will be maintained or preserved
for any period of time.  There is no assurance under New York State Law
that any cremains disposed of on this property will remain for any peri-
od of time in the location they were disposed, or on this property at
all"

Section 2 is the effective date.

 
JUSTIFICATION:

Pet cemeteries have existed for nearly 100 years. Article 35 of the
General Business Law governs the operation of pet cemeteries and pet
crematoriums.


On occasion, pet owners have asked that their cremated ashes be buried
in burial plots in pet cemeteries along with the remains of their pets.
The General Business Law does not prohibit pet cemeteries from burying
human ashes along with the remains of pets. Article 15 of the Not-For-
Profit Corporation Law governs the operation of not-for-profit cemetery
corporations and establishes the cemetery board to regulate them. This
law affords certain protections to human remains and cremains buried in
cemetery corporations. These same protections are not provided under the
General Business Law to cremains buried in pet cemeteries and the ceme-
tery board has no jurisdiction over them. This legislation will ensure
that anyone seeking to have a pet owner's cremains buried in a pet ceme-
tery with the pet owner's pet understands their rights before a contract
is signed or consideration is paid and that such cremains do not have
the same rights as cremains buried in not-for-profit cemeteries.

 
PRIOR LEGISLATIVE HISTORY:

2022: S5704

2017-18: A614A referred to corporations, authorities and commissions;

2015-16: A413 referred to consumer affairs and protection;

2014: A1593A passed assembly;

2012: A8651 referred to consumer affairs and protection

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect ninety days after enactment.