Relates to the interment of pet cremated remains

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2582

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

2013-14 - S.4322/A.6421 - PASSED SENATE/Assembly Corporations

Fiscal implications

None.

Effective date

This act shall take effect immediately.