senate Bill S2097B

Requires all pet crematorium & cemeteries to comply with NY law

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 18 / Apr / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 18 / Apr / 2013
    • PRINT NUMBER 2097A
  • 29 / Apr / 2013
    • 1ST REPORT CAL.444
  • 30 / Apr / 2013
    • 2ND REPORT CAL.
  • 01 / May / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 25 / Apr / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 25 / Apr / 2014
    • PRINT NUMBER 2097B
  • 05 / May / 2014
    • 1ST REPORT CAL.495
  • 06 / May / 2014
    • 2ND REPORT CAL.
  • 07 / May / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A3179B
Versions:
S2097
S2097A
S2097B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยงยง750-b & 750-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S5313B, A8618A

Sponsor Memo

BILL NUMBER:S2097B

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2097--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.

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