Assembly Bill A5098

2021-2022 Legislative Session

Relates to the rights to contract for the burial of cremains in pet cemeteries and requiring notice relating thereto

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-A5098 (ACTIVE) - Details

See Senate Version of this Bill:
S5704
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
General Business Law
Laws Affected:
Add §750-vv, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8651
2013-2014: A1593
2015-2016: A413
2017-2018: A614
2019-2020: A2280, S5333
2023-2024: S2763

2021-A5098 (ACTIVE) - Summary

Relates to the rights to contract for the burial of cremains in pet cemeteries; requires notice relating thereto.

2021-A5098 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5098
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend the general business law, in relation to the right to
   contract for the burial of cremains in pet  cemeteries  and  requiring
   notice related thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 750-vv to read as follows:
   § 750-VV. BURIAL OF CREMAINS; NOTICE REQUIRED. 1. PET CEMETERY  OWNERS
 AND  OPERATORS  WHO  ALLOW  FOR THE BURIAL OF HUMAN CREMATED REMAINS, AS
 DEFINED IN SUBDIVISION TWO OF  SECTION  FORTY-TWO  HUNDRED  TWO  OF  THE
 PUBLIC  HEALTH  LAW,  OF  PET  OWNERS WITH THEIR PETS MAY, PURSUANT TO A
 WRITTEN CONTRACT, CHARGE A REASONABLE FEE FOR SUCH BURIAL.
   2. SUCH OWNERS AND OPERATORS SHALL PROVIDE A WRITTEN NOTICE TO  ANYONE
 SEEKING  TO BURY A PET OWNER'S CREMATED REMAINS WITH THE PET OWNER'S PET
 BEFORE ANY CONTRACT IS SIGNED OR CONSIDERATION IS PAID FOR SUCH  BURIAL.
 SAID  NOTICE  SHALL BE IN FOURTEEN POINT BOLD TYPE AND STATE THE FOLLOW-
 ING:
   "THIS IS A PET CEMETERY UNDER THE GENERAL BUSINESS LAW (ARTICLE  35-C)
 NOT  A PUBLIC CEMETERY UNDER THE NOT-FOR-PROFIT CORPORATION LAW (ARTICLE
 15). WHILE HUMAN CREMATED REMAINS MAY BE BURIED IN A PET CEMETERY,  SUCH
 CREMATED  REMAINS  ARE NOT COVERED BY ANY OF THE PROTECTIONS PROVIDED TO
 HUMAN CREMAINS UNDER THE NOT-FOR-PROFIT CORPORATION LAW."
   3. SUCH OWNERS AND OPERATORS SHALL ALSO INCLUDE IN  ANY  CONTRACT  FOR
 BURIAL OF CREMATED REMAINS OF A PET OWNER THE FOLLOWING LANGUAGE:
 "YOUR  RIGHTS  AND THOSE OF YOUR FAMILY AND DESCENDANTS ARE SET FORTH IN
 THIS CONTRACT. THIS IS A PET CEMETERY UNDER  THE  GENERAL  BUSINESS  LAW
 (ARTICLE  35-C)  NOT  A  PUBLIC CEMETERY UNDER THE NOT-FOR-PROFIT CORPO-
 RATION LAW (ARTICLE 15). WHILE HUMAN CREMATED REMAINS MAY BE BURIED IN A
 PET CEMETERY, NEW YORK STATE LAW PROVIDES NO ADDITIONAL  PROTECTIONS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.