senate Bill S4322

Relates to the interment of pet cremated remains

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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

  • 21 / Mar / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 22 / Apr / 2013
    • 1ST REPORT CAL.376
  • 23 / Apr / 2013
    • 2ND REPORT CAL.
  • 24 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 08 / May / 2013
    • PASSED SENATE
  • 08 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 08 / May / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 26 / Feb / 2014
    • 1ST REPORT CAL.179
  • 27 / Feb / 2014
    • 2ND REPORT CAL.
  • 03 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 11 / Mar / 2014
    • PASSED SENATE
  • 11 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Mar / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Relates to the interment of pet cremated remains.

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Bill Details

See Assembly Version of this Bill:
A6421
Versions:
S4322
Legislative Cycle:
2013-2014
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยงยง1502 & 1510, N-PC L

Sponsor Memo

BILL NUMBER:S4322

TITLE OF BILL: An act to amend the not-for-profit corporation law, in
relation to regulation of interments in certain cemetery corporations

PURPOSE:

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.

EXISTING LAW:

The Not-for-Profit Corporation Law is currently silent on the
authority to grant such an option for such interments.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

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
________________________________________________________________________

                                  4322

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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

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