Bill Text: NJ A4385 | 2018-2019 | Regular Session | Introduced


Bill Title: Prohibits leasing of domestic companion animals.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2019-01-17 - Combined with A4552 (ACS) [A4385 Detail]

Download: New_Jersey-2018-A4385-Introduced.html

ASSEMBLY, No. 4385

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 13, 2018

 


 

Sponsored by:

Assemblyman  JOHN ARMATO

District 2 (Atlantic)

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

Co-Sponsored by:

Assemblyman Benson, Assemblywomen Jones, Downey and Assemblyman Houghtaling

 

 

 

 

SYNOPSIS

     Prohibits leasing of domestic companion animals.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the leasing of domestic companion animals and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to lease a domestic companion animal or enter into a contract or any other type of agreement or transaction to lease a domestic companion animal.

     b.    In addition to any other remedies provided by P.L.1960, c.39 (C.56:8-1 et seq.) or any other applicable law, a consumer taking possession of a domestic companion animal leased to the consumer pursuant to a contract or other type of agreement or transaction shall be deemed the owner of the domestic companion animal and shall be entitled to the return of all moneys paid by the consumer.

     c.     As used in this section:

     "Domestic companion animal" means any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.

     "Lease a domestic companion animal" means the transfer of ownership of a domestic companion animal contingent on the making of payments over a period of time subsequent to the transfer of possession of the domestic companion animal, unless those payments are on an unsecured loan for the purchase of the animal.  

 

     2.    This act shall take effect immediately and shall apply to any lease, contract, agreement, or transaction entered into on or after the effective date.

 

 

STATEMENT

 

     This bill establishes leasing a domestic companion animal or entering into a contract or any other type of agreement or transaction to lease a domestic companion animal as an unlawful practice and a violation of the State consumer fraud law.  The bill defines "lease a domestic companion animal" as the transfer of ownership of a domestic companion animal contingent on the making of payments over a period of time subsequent to the transfer of possession of the domestic companion animal, unless those payments are on an unsecured loan for the purchase of the animal.

     Any violation of the bill's provisions is a violation of the State consumer fraud law, punishable by a monetary penalty of up to $10,000 for a first offense and up to $20,000 for any subsequent offense. In addition, such violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to an injured party.  In addition to those remedies and any others pursuant to any other law, the bill provides that a consumer made party to this kind of unlawful contract, agreement, or other type of transaction would be deemed the owner of the domestic companion animal and entitled to the return of all moneys paid by the consumer.

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