Bill Text: NY A03179 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to requiring individuals and businesses who offer or solicit pet cremation or burial services for profit to use a facility that is in compliance with New York state laws.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-06 - print number 3179b [A03179 Detail]

Download: New_York-2013-A03179-Amended.html
                           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:
    1    Section  1.  Section  750-b  of  the general business law, as added by
    2  chapter 526 of the laws of 1992, is amended to read as follows:
    3    S 750-b. License required. On and after  July  thirty-first,  nineteen
    4  hundred  ninety-three,  no person shall engage for a fee in the business
    5  of operating a pet cemetery  or  pet  crematorium  or  hold  himself  or
    6  herself out as being able so to do unless he or she is licensed therefor
    7  pursuant  to this article. NO INDIVIDUAL, BUSINESS, OR ENTITY SOLICITING
    8  PET CREMATION OR BURIAL SERVICES FOR PROFIT, SHALL KNOWINGLY  OFFER  THE
    9  SERVICES  OF A CREMATORY OR CEMETERY THAT IS NOT AUTHORIZED BY THE STATE
   10  IN WHICH SUCH INDIVIDUAL, BUSINESS OR ENTITY OPERATES TO ENGAGE IN  SUCH
   11  ACTIVITIES.  Nothing  [herein]  IN  THIS SECTION shall prohibit a person
   12  licensed in accordance with the provisions of this article from  employ-
   13  ing  individuals  to  assist  in  the operation of a pet cemetery or pet
   14  crematorium.
   15    S 2. Subdivision 1 of section 750-s of the general  business  law,  as
   16  amended  by  chapter  123  of  the  laws  of 1993, is amended to read as
   17  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    1. Each person who gives to a veterinarian or a pet cemetery owner  or
    2  pet  crematorium  owner  a  pet  for  disposal shall be provided by such
    3  veterinarian or pet cemetery owner or pet crematorium owner with  a  pet
    4  disposal  disclosure  document,  in  form  approved  by the secretary of
    5  state,  which  shall  set forth the alternative methods of pet disposal,
    6  the cost of each such method of pet disposal, if  available,  [and]  the
    7  nature of or place in which each method of disposal will be carried out,
    8  AND NOTICE THAT ANY INDIVIDUAL OR ENTITY PROVIDING PET DISPOSAL SERVICES
    9  OUTSIDE  OF NEW YORK IS SUBJECT TO REGULATION BY THE STATE IN WHICH SUCH
   10  INDIVIDUAL OR ENTITY IS LOCATED. The veterinarian or  the  pet  cemetery
   11  owner  or  the  pet crematorium owner, as the case may be, shall give to
   12  the person who completes the form a copy of the form and retain  a  copy
   13  of  said form. If the person completing the form chooses to have the pet
   14  disposed of by a pet cemetery or pet crematorium and makes the  arrange-
   15  ments  therefor  through  a veterinarian, the veterinarian shall provide
   16  the person with the name, location and telephone number of the pet ceme-
   17  tery or pet crematorium so that the person may obtain information  about
   18  the  pet cemetery or pet crematorium. The veterinarian shall also ensure
   19  that a copy of the pet disposal form accompanies  the  pet  when  it  is
   20  removed from the veterinarian's office.
   21    S 3. This act shall take effect immediately.
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