Bill Text: NY A05098 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the rights to contract for the burial of cremains in pet cemeteries; requires notice relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to corporations, authorities and commissions [A05098 Detail]

Download: New_York-2021-A05098-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5098

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

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

        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

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  750-vv to read as follows:
     3    § 750-vv. Burial of cremains; notice required. 1. Pet cemetery  owners
     4  and  operators  who  allow  for the burial of human cremated remains, as
     5  defined in subdivision two of  section  forty-two  hundred  two  of  the
     6  public  health  law,  of  pet  owners with their pets may, pursuant to a
     7  written contract, charge a reasonable fee for such burial.
     8    2. Such owners and operators shall provide a written notice to  anyone
     9  seeking  to bury a pet owner's cremated remains with the pet owner's pet
    10  before any contract is signed or consideration is paid for such  burial.
    11  Said  notice  shall be in fourteen point bold type and state the follow-
    12  ing:
    13    "THIS IS A PET CEMETERY UNDER THE GENERAL BUSINESS LAW (ARTICLE  35-C)
    14  NOT  A PUBLIC CEMETERY UNDER THE NOT-FOR-PROFIT CORPORATION LAW (ARTICLE
    15  15). WHILE HUMAN CREMATED REMAINS MAY BE BURIED IN A PET CEMETERY,  SUCH
    16  CREMATED  REMAINS  ARE NOT COVERED BY ANY OF THE PROTECTIONS PROVIDED TO
    17  HUMAN CREMAINS UNDER THE NOT-FOR-PROFIT CORPORATION LAW."
    18    3. Such owners and operators shall also include in  any  contract  for
    19  burial of cremated remains of a pet owner the following language:
    20  "Your  rights  and those of your family and descendants are set forth in
    21  this contract. This is a pet cemetery under  the  General  Business  Law
    22  (Article  35-C)  not  a  public cemetery under the Not-For-Profit Corpo-
    23  ration Law (Article 15). While human cremated remains may be buried in a
    24  pet cemetery, New York State Law provides no additional  protections  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01379-01-1
        A. 5098                             2

     1  legal  rights  not  contained  in this contract. New York State Law does
     2  not: protect human cremated  remains  buried  in  a  pet  cemetery  like
     3  cremated  remains  in  a  public  cemetery; guarantee that burial plots,
     4  memorials,  and  cremated  remains  disposed of on this property will be
     5  maintained or preserved; ensure that this  property's  current  use  and
     6  condition  will  be maintained; or ensure that this property will not be
     7  sold or transferred."
     8    § 2. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.