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A2280Assembly2019-2020 SessionSame asS5333

Let People Be Buried With Pets

Official title

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

Sponsor Thomas AbinantiAD-92+4 co-sponsorsAffects Economy
Status
In Assembly Committee
Corporations, Authorities And Commissions
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Corporations, Authorities And Commissions

What's happening

This bill allows human cremated remains to be buried in pet cemeteries by contract, requiring clear written notice of limited legal protections.

Why it matters

  1. Enables a new option for pet owners and their families by allowing human ashes to be buried alongside pets in pet cemeteries, addressing a growing cultural desire for human-animal memorialization.

  2. Requires explicit written contracts and clear advance notice, ensuring that families understand human remains in pet cemeteries do not receive the same legal protections as in traditional public cemeteries (such as plot maintenance or preservation guarantees).

  3. May impact end-of-life planning by introducing a lower-cost or more personally meaningful alternative to conventional burial or cremation, but with fewer long-term assurances for the care and permanence of the burial site.

  4. Places the responsibility on pet cemetery operators to inform clients about the limited legal rights, potentially reducing future disputes or misunderstandings regarding the status and care of human remains interred in these settings.

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Who cares

  • Pet cemetery owners and operators

    Those allowing pet owners’ cremated remains to be buried with their pets could charge a reasonable fee under a written contract and would have to provide prescribed notices and contract language.

  • Pet owners seeking burial with their pets

    They would receive a written warning in 14-point bold type before signing a contract or paying that human cremated remains in pet cemeteries lack the protections provided under the Not-for-Profit Corporation Law.

  • Families and descendants of pet owners

    Required contract language would warn that their rights are set out in the contract and that state law does not guarantee preservation of the burial plots, memorials or cremated remains, or continued use or ownership of the property.

Headline styles

Let People Be Buried With Pets

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Thomas Abinanti

Assembly Member · Assembly District 92

History

  1. Referred to corporations, authorities and commissions
  2. Referred to corporations, authorities and commissions

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5333Senate

Allow Human Ashes in Pet Cemeteries

In Senate Committee · Consumer Protection · Sponsor Leroy Comrie

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2280

2019-2020 Regular Sessions

IN ASSEMBLY

January 22, 2019

Introduced by M. of A. ABINANTI, PAULIN, GALEF, WEPRIN, JAFFEE -- read once and referred to the Committee 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 Assembly, 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 following:

"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 Corporation Law (Article 15). While human cremated remains may be buried in a

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04407-01-9

A. 2280 2

pet cemetery, New York State Law provides no additional protections or legal rights not contained in this contract. New York State Law does not: protect human cremated remains buried in a pet cemetery like cremated remains in a public cemetery; guarantee that burial plots, memorials, and cremated remains disposed of on this property will be maintained or preserved; ensure that this property's current use and condition will be maintained; or ensure that this property will not be sold or transferred."

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.