What's happening
This bill allows human cremated remains to be buried with pets in pet cemeteries and requires written notices clarifying legal rights and protections.
Why it matters
Clarifies Legal Differences. The bill requires explicit, bold notices explaining that pet cemeteries are not subject to the same legal protections as public (human) cemeteries, helping consumers understand the different standards and risks.
Protects Consumer Expectations. By mandating clear contractual language, the bill aims to prevent misunderstandings about the permanence, care, or legal status of human remains buried with pets, reducing the likelihood of future disputes or emotional distress.
Highlights Limited Rights. The required notices and contracts make it clear that burial plots, memorials, and remains in pet cemeteries may not be maintained, preserved, or protected against sale or redevelopment, which is important for individuals considering this option for themselves or loved ones.
Enables New Burial Option. While expanding burial choices by allowing human cremated remains to be interred with pets, the bill ensures families are aware of the unique legal and practical realities involved in this arrangement.
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Who cares
Headline styles
Allow Human Ashes in Pet Cemeteries
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
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.
Let People Be Buried With Pets
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5333
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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 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.
LBD04407-01-9
S. 5333 2
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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To provide notice to individuals who seek to bury a pet owner's cremains with the pet owner's pet(s) in a pet cemetery.
Summary of specific provisions
Section 1 of the bill amends the General Business Law by adding a new section 750-vv to provide that pet cemetery owners and operators who allow for the burial of cremains of pet owners with their pets pursuant to a written contract may charge a reasonable fee for such burial and must provide notice as described in this section to anyone who seeks to bury a pet owner's cremains with the pet owner's pet before any contract is signed or consideration is paid for such burial.
Read the full memo (666 words)
The notice shall be in fourteen bold type, shall be contained in a docu- ment separate from all other forms provided to the customer or the person making the arrangements for burial or disposal and shall also be included in any contract arranging for burial or disposal of remains in a pet cemetery. Such notice shall state the following: "This property is not a cemetery for human cremains.
Cremains disposed of on this property will not be covered by the protections and legal rights granted by New York State Law to cremains disposed of in a cemetery.
The family and descendants of the deceased will not be covered by the protections and legal rights granted by New York State Law to the family and descendants of deceased persons whose cremains are disposed of in a cemetery such as mandatory records of burials, rights of memorialization and restrictions on removal.
There is no assurance under New York State Law that this property will be maintained in its current condition and for its current purpose. There is no assurance under New York State Law that this property will not be sold or transferred to another owner, or that access to this property will remain open to you, the family or the descendants of the deceased.
There is no assurance under New York State Law that any burial plots or memorials for cremains on this property will be maintained or preserved for any period of time.
There is no assurance under New York State Law that any cremains disposed of on this property will remain for any period of time in the location they were disposed, or on this property at all"
Section 2 is the effective date.
Justification
Pet cemeteries have existed for nearly 100 years. Article 35 of the General Business Law governs the operation of pet cemeteries and pet crematoriums.
On occasion, pet owners have asked that their cremated ashes be buried in burial plots in pet cemeteries along with the remains of their pets. The General Business Law does not prohibit pet cemeteries from burying human ashes along with the remains of pets.
Article 15 of the Not-For-Profit Corporation Law governs the operation of not-for-profit cemetery corporations and establishes the cemetery board to regulate them. This law affords certain protections to human remains and cremains buried in cemetery corporations. These same protections are not provided under the General Business Law to cremains buried in pet cemeteries and the cemetery board has no jurisdiction over them.
This legislation will ensure that anyone seeking to have a pet owner's cremains buried in a pet cemetery with the pet owner's pet understands their rights before a contract is signed or consideration is paid and that such cremains do not have the same rights as cremains buried in not-for-profit cemeteries.
Prior legislative history
2017-18: A614A referred to corporations, authorities and commissions; 2015-16: A413 referred to consumer affairs and protection; 2014: A1593A passed assembly; 2012: A8651 referred to consumer affairs and protection
Fiscal implications
None.
Effective date
This act shall take effect ninety days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.