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.

Sponsor: GOLDEN / Committee: CONSUMER AFFAIRS AND PROTECTION
Law Section: General Business Law / Law: Amd S750-b, Gen Bus L

S5313B-2011 Actions

Jun 21, 2012: referred to consumer affairs and protection
Jun 21, 2012: DELIVERED TO ASSEMBLY
Jun 21, 2012: PASSED SENATE
Jun 21, 2012: ORDERED TO THIRD READING CAL.1513
Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
May 21, 2012: REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
Jan 19, 2012: PRINT NUMBER 5313B
Jan 19, 2012: AMEND AND RECOMMIT TO CONSUMER PROTECTION
Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
Oct 12, 2011: PRINT NUMBER 5313A
Oct 12, 2011: AMEND AND RECOMMIT TO CONSUMER PROTECTION
May 5, 2011: REFERRED TO CONSUMER PROTECTION

S5313B-2011 Meetings

Consumer Protection: May 21, 2012, Rules: Jun 21, 2012

S5313B-2011 Calendars

Floor Calendar: Jun 21, 2012

S5313B-2011 Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 21, 2012

Ayes (5): Ball, Fuschillo, Marcellino, Hassell-Thompson, Squadron
Ayes W/R (4): Zeldin, Little, O'Mara, Adams
Excused (1): Huntley

VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2012

Ayes (23): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane
Excused (1): Fuschillo

VOTE: FLOOR VOTE: - Jun 21, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Little
Excused (2): Espaillat, Huntley

S5313B-2011 Memo

BILL NUMBER:S5313

TITLE OF BILL:
An act
to amend the general
business law, in relation to requiring individuals 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

PURPOSE:
The purpose of this bill is to require persons, businesses or entities
that operate as pet cemeteries or pet crematoriums to be licensed.

SUMMARY OF PROVISIONS:
This bill amends section 1 of section 750-b of the General Business
Law, as added by chapter 526 of the laws of 1992.

JUSTIFICATION:
There are various entities in New York who are now offering and
soliciting pet cremation and burial services to pet owners. These
entities who are not licensed to perform these services, are for
higher profits, avoiding using a licensed New York State cremation
facility. Pets are being sent out of New York State as far as
Pennsylvania, where state regulation laws do not protect the New York
consumer. New York's many regulations concerning crematories and
cemeteries protect the consumer and our citizens need to know that
their beloved pet remains are being handled in a proper manner.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately and shall apply to relevant services provided after
December 31, 2011.

S5313B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5313--B
 2011-2012 Regular Sessions
 I N  SENATE
 May 5, 2011
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed to the Committee  on  Consumer  Protection  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee  --  recommitted  to  the  Committee  on
 Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 -
 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:

 

Section  1. 

Section  750-b  of  the general business law, as added by
 chapter 526 of the laws of 1992, is amended to read as follows:

 

S 750-b. License required. [On and after July  thirty-first,  nineteen
 hundred  ninety-three,  no person shall engage for a fee in the business
 of operating a pet cemetery  or  pet  crematorium  or  hold  himself  or
 herself out as being able so to do unless he or she is licensed therefor
 pursuant  to  this article] THE STATE SHALL REQUIRE THAT ANY INDIVIDUAL,
 BUSINESS, OR ENTITY OFFERING  OR  SOLICITING  PET  CREMATION  OR  BURIAL
 SERVICES  FOR PROFIT, IN THE STATE OF NEW YORK, USE A LICENSED CREMATORY
 OR CEMETERY LOCATED IN, LICENSED BY, AND SUBJECT TO  REGULATION  BY  THE
 STATE  OF  NEW YORK.   Nothing [herein] IN THIS SECTION shall prohibit a
 person licensed in accordance with the provisions of this  article  from
 employing  individuals  to  assist in the operation of a pet cemetery or
 pet crematorium.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11419-04-2

S5313B-2011: Requires all pet crematorium & cemeteries to comply with NY law