Tuesday, September 27, 2016

TEXT OF NEW YORK PET BURIAL LAW



The headlines read " YOU CAN NOW BE BURIED WITH YOUR PET". But only in limited circumstances. S2582/A2647 was signed yesterday by the Governor and provides:


 "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."
 
The summary explains it better:
 
"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."

1 comment:

  1. According to the New York State Association of Cemeteries: "Over 1,900 cemeteries in New York are set up as not-for-profit organizations and report to the Division of Cemeteries. More than 4,000 other cemeteries are religious or municipal operations and are not regulated by the Division of Cemeteries."

    Thus it would appear that the new law does not apply to almost 2/3 of NYS cemeteries.

    ReplyDelete