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 law.
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, to require businesses offering pet cremation or burial services in New York to use a licensed New York crematory.
Section 2: Effective date.
Section 1 of section 750-b of the General Business Law, as added by chapter 526 of the laws of 1992, is amended.
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: S.5313B of 2011 - Passed Senate 06/21/12
FISCAL IMPLICATIONS: None to the State.
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE: This bill shall apply immediately and shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2097 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________Introduced by Sen. GOLDEN -- 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 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. LBD04339-01-3