Relates to the interment of pet cremated remains.
Ayes (57): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Libous, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Squadron
Excused (5): Gallivan, Larkin, Little, Montgomery, Sampson
TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to regulation of interments in certain cemetery corporations
This bill provides the option for the interment pet cremated remains in certain cemetery corporations only in specific instances and only incidental to the burial of human remains.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Section 1502 of Article 15 of the Not-for-Profit Corporation Law to add a new definition of pet cremated remains.
Section 2 of the bill amends Section 1510 of Article 15 of the Not-for-Profit Corporation Law to add a new subdivision to provide the option for the interment of pet cremated remains in a cemetery corporation only in those instances where the interment is incidental to the burial of human remains and where authorization has been provided in a written statement from the cemetery corporation.
The provisions of this section make it clear that this bill does not apply to an incorporated or unincorporated cemetery operated, supervised or controlled by a religious corporation or a lot, plot or part thereof whose record owner is an incorporated or unincorporated religious association or society.
Under the provisions of this section, a cemetery is not obligated to allow for such interments, however, the legislation provides a regulated option for such disposition.
Section 3 of the bill states that this legislation shall take effect immediately.
The Not-for-Profit Corporation Law is currently silent on the authority to grant such an option for such interments.
Increasingly, cemetery organizations are being approached by their lot owners to allow for the interment of cremated pet remains in their non-religious cemeteries.
According to recent statistics, 62% or approximately 72.9 million U.S. households own a pet. With this increased ownership has come a significant shift in the desire of New Yorkers to have their pets interred in their grave, crypt or niche.
This new bill would allow for this interment only incidental to the burial of human remains and would provide important consumer protections. Cemetery corporations would be required to provide a list of approved charges and to direct all payments received for interment
of such remains to be deposited in the cemetery's permanent maintenance fund.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4322 2013-2014 Regular Sessions IN SENATE 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: Section 1. Section 1502 of the not-for-profit corporation law is amended by adding a new paragraph (q) to read as follows: (Q) THE TERM "PET CREMATED REMAINS" MEANS ASHES AND/OR OTHER RESIDUE RECOVERED AFTER THE COMPLETION OF CREMATION OF ANY DOMESTIC ANIMAL THAT HAS BEEN ADAPTED OR TAMED TO LIVE IN INTIMATE ASSOCIATION WITH PEOPLE WHERE SUCH CREMATION HAS OCCURRED AT A PET CREMATORIUM AS DEFINED IN SECTION SEVEN HUNDRED FIFTY-A OF THE GENERAL BUSINESS LAW. S 2. Section 1510 of the not-for-profit corporation law is amended by adding a new paragraph (n) to read as follows: (N) INTERMENT OF PET CREMATED REMAINS. THE INTERMENT OF PET CREMATED REMAINS IN A CEMETERY CORPORATION SHALL BE AVAILABLE TO A LOT OWNER ONLY IN THOSE CIRCUMSTANCES WHERE THE INTERMENT IS INCIDENTAL TO THE BURIAL OF HUMAN REMAINS AND WHERE AUTHORIZATION HAS BEEN PROVIDED IN A WRITTEN STATEMENT FROM THE CEMETERY CORPORATION. THE CEMETERY CORPORATION SHALL PROVIDE A LIST OF APPROVED CHARGES FOR THE INTERMENT OF SUCH REMAINS. ALL PAYMENTS RECEIVED FOR INTERMENT OF SUCH REMAINS SHALL BE DEPOSITED IN THE CEMETERY CORPORATION'S PERMANENT MAINTENANCE FUND. PET CREMATED REMAINS MUST BE DISPOSED OF BY PLACING THEM IN A GRAVE, CRYPT, OR NICHE. NOTHING IN THIS SECTION SHALL OBLIGATE A CEMETERY CORPORATION TO ALLOW INTERMENT OF SUCH CREMATED PET REMAINS WHERE PRIOR APPROVAL AT THE TIME OF SALE OR IN ADVANCE OF NEED HAS NOT BEEN RECEIVED. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AN INCORPORATED OR UNINCORPORATED CEME- TERY OPERATED, SUPERVISED OR CONTROLLED BY A RELIGIOUS CORPORATION OR A LOT, PLOT OR PART THEREOF WHOSE RECORD OWNER IS AN INCORPORATED OR UNIN- CORPORATED RELIGIOUS ASSOCIATION OR SOCIETY. 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