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.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Espaillat, Golden
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 prohibit persons, businesses, or entities that offer or solicit pet cremation or burial services from offering such services from an individual or entity that is not authorized to engage in such activities.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 750-b of the General Business Law to prohibit individuals and entities from knowingly offering pet crematory or cemetery services when such services will be performed by an individual or entity that is not authorized to engage in such services by the State in which such individual or entity is located.
Section two amends section 750-s(l) of the General Business Law to require that the disposal disclosure document provided by veterinarians, pet cemetery owners, and pet crematorium owners include notice that any person providing pet disposal services outside New York is subject to regulation by the State in which the provider is located.
Section three provides that this act shall take effect immediately.
EXISTING LAW: Currently, pet owners are not required to be informed that individuals and entities located outside of New York who perform pet burial or cremation services are not subject to regulation by New York.
JUSTIFICATION: There are various entities in New York who are now offering and soliciting pet cremation and burial services to pet owners. Many of these entities are not licensed to perform these services and to obtain higher profits, they avoid 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: 2012: S.5313-B - Passed Senate 2011: S.5313-A Referred to Consumer Protection
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2097--B 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 -- 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. NO INDIVIDUAL, BUSINESS, OR ENTITY SOLICITING PET CREMATION OR BURIAL SERVICES FOR PROFIT, SHALL KNOWINGLY OFFER THE SERVICES OF A CREMATORY OR CEMETERY THAT IS NOT AUTHORIZED BY THE STATE IN WHICH SUCH INDIVIDUAL, BUSINESS OR ENTITY OPERATES TO ENGAGE IN SUCH ACTIVITIES. Nothing
[herein]IN THIS SECTION shall prohibit a person licensed in accordance with the provisions of this article from employ- ing individuals to assist in the operation of a pet cemetery or pet crematorium. S 2. Subdivision 1 of section 750-s of the general business law, as amended by chapter 123 of the laws of 1993, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04339-04-4 S. 2097--B 2
1. Each person who gives to a veterinarian or a pet cemetery owner or pet crematorium owner a pet for disposal shall be provided by such veterinarian or pet cemetery owner or pet crematorium owner with a pet disposal disclosure document, in form approved by the secretary of state, which shall set forth the alternative methods of pet disposal, the cost of each such method of pet disposal, if available,
[and]the nature of or place in which each method of disposal will be carried out, AND NOTICE THAT ANY INDIVIDUAL OR ENTITY PROVIDING PET DISPOSAL SERVICES OUTSIDE OF NEW YORK IS SUBJECT TO REGULATION BY THE STATE IN WHICH SUCH INDIVIDUAL OR ENTITY IS LOCATED. The veterinarian or the pet cemetery owner or the pet crematorium owner, as the case may be, shall give to the person who completes the form a copy of the form and retain a copy of said form. If the person completing the form chooses to have the pet disposed of by a pet cemetery or pet crematorium and makes the arrange- ments therefor through a veterinarian, the veterinarian shall provide the person with the name, location and telephone number of the pet ceme- tery or pet crematorium so that the person may obtain information about the pet cemetery or pet crematorium. The veterinarian shall also ensure that a copy of the pet disposal form accompanies the pet when it is removed from the veterinarian's office. S 3. This act shall take effect immediately.