Bill Text: NY S05333 | 2019-2020 | 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) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S05333 Detail]

Download: New_York-2019-S05333-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5333
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 26, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        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.
                                                                   LBD04407-01-9
        S. 5333                             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.