Bill Text: NY S04322 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4322 (Prior Session Legislation)

Introduced

Bill Title: Relates to the interment of pet cremated remains.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-03-11 - referred to corporations, authorities and commissions [S04322 Detail]

Download: New_York-2013-S04322-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4322
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 21, 2013
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities 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:
    1    Section  1.  Section  1502  of  the  not-for-profit corporation law is
    2  amended by adding a new paragraph (q) to read as follows:
    3    (Q) THE TERM "PET CREMATED REMAINS" MEANS ASHES AND/OR  OTHER  RESIDUE
    4  RECOVERED  AFTER THE COMPLETION OF CREMATION OF ANY DOMESTIC ANIMAL THAT
    5  HAS BEEN ADAPTED OR TAMED TO LIVE IN INTIMATE  ASSOCIATION  WITH  PEOPLE
    6  WHERE  SUCH  CREMATION  HAS  OCCURRED AT A PET CREMATORIUM AS DEFINED IN
    7  SECTION SEVEN HUNDRED FIFTY-A OF THE GENERAL BUSINESS LAW.
    8    S 2. Section 1510 of the not-for-profit corporation law is amended  by
    9  adding a new paragraph (n) to read as follows:
   10    (N)  INTERMENT  OF PET CREMATED REMAINS. THE INTERMENT OF PET CREMATED
   11  REMAINS IN A CEMETERY CORPORATION SHALL BE AVAILABLE TO A LOT OWNER ONLY
   12  IN THOSE CIRCUMSTANCES WHERE THE INTERMENT IS INCIDENTAL TO  THE  BURIAL
   13  OF  HUMAN REMAINS AND WHERE AUTHORIZATION HAS BEEN PROVIDED IN A WRITTEN
   14  STATEMENT FROM THE CEMETERY CORPORATION.  THE CEMETERY CORPORATION SHALL
   15  PROVIDE A LIST OF APPROVED CHARGES FOR THE INTERMENT  OF  SUCH  REMAINS.
   16  ALL  PAYMENTS  RECEIVED FOR INTERMENT OF SUCH REMAINS SHALL BE DEPOSITED
   17  IN THE CEMETERY CORPORATION'S PERMANENT MAINTENANCE FUND.  PET  CREMATED
   18  REMAINS MUST BE DISPOSED OF BY PLACING THEM IN A GRAVE, CRYPT, OR NICHE.
   19  NOTHING  IN  THIS SECTION SHALL OBLIGATE A CEMETERY CORPORATION TO ALLOW
   20  INTERMENT OF SUCH CREMATED PET REMAINS WHERE PRIOR APPROVAL AT THE  TIME
   21  OF  SALE  OR IN ADVANCE OF NEED HAS NOT BEEN RECEIVED. THE PROVISIONS OF
   22  THIS SECTION SHALL NOT APPLY TO AN INCORPORATED OR UNINCORPORATED  CEME-
   23  TERY  OPERATED, SUPERVISED OR CONTROLLED BY A RELIGIOUS CORPORATION OR A
   24  LOT, PLOT OR PART THEREOF WHOSE RECORD OWNER IS AN INCORPORATED OR UNIN-
   25  CORPORATED RELIGIOUS ASSOCIATION OR SOCIETY.
   26    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