Bill Text: NY S05279 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts "Charlemagne's Law"; authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S05279 Detail]

Download: New_York-2015-S05279-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5279--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                      May 12, 2015
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          recommitted to the Committee on Consumer Protection in accordance with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the general business law, in relation to dogs  and  cats
          unfit for purchase due to illness, a congenital malformation, or symp-
          toms of a contagious or infectious disease
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Short title. This act shall be known and may be  cited  as
     2  "Charlemagne's law".
     3    §  2.  Subdivision  1  of  section 753 of the general business law, as
     4  amended by chapter 251 of the laws  of  2013,  is  amended  to  read  as
     5  follows:
     6    1. If, within [fourteen business days] one hundred eighty days follow-
     7  ing  the  sale  of  an  animal subject to this article or receipt of the
     8  written notice required by section  seven  hundred  fifty-four  of  this
     9  article,  whichever  occurred  last,  a  veterinarian  of the consumer's
    10  choosing, licensed by a state certifies such  animal  to  be  unfit  for
    11  purchase  due  to illness or the presence of symptoms of a contagious or
    12  infectious disease, or if,  within  one  hundred  eighty  calendar  days
    13  following  such  sale  or  receipt,  whichever occurred last, a licensed
    14  veterinarian certifies such animal to be unfit for  purchase  due  to  a
    15  congenital  malformation  which  adversely  affects  the  health  of the
    16  animal, and notwithstanding the presence of evidence indicating that the
    17  consumer may have mistreated the animal in any manner or if  the  animal
    18  has been returned for no reason other than a condition described in this
    19  subdivision  the  pet  dealer  shall  [afford  the consumer the right to
    20  choose one of the following options:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03800-02-6
        S. 5279--A                          2

     1    (a) The right to return  the  animal  and  receive  a  refund  of  the
     2  purchase  price  including  sales  tax  and  reasonable veterinary costs
     3  directly related to the veterinarian's certification that the animal  is
     4  unfit for purchase pursuant to this section;
     5    (b)  The  right to return the animal and to receive an exchange animal
     6  of the consumer's choice of equivalent value and  reasonable  veterinary
     7  costs  directly  related  to  the  veterinarian's certification that the
     8  animal is unfit for purchase pursuant to this section; or
     9    (c) The right to retain the animal and to receive] provide  reimburse-
    10  ment  [from a pet dealer] to the consumer for veterinary services from a
    11  licensed veterinarian of the consumer's choosing,  for  the  purpose  of
    12  curing  or  attempting  to  cure  the animal during the lifetime of such
    13  animal.  [The reasonable value of reimbursable services rendered to cure
    14  or attempting to cure the animal shall not exceed the purchase price  of
    15  the  animal.]  The value of such services is reasonable if comparable to
    16  the value of similar services rendered by other  licensed  veterinarians
    17  in proximity to the treating veterinarian. [Such reimbursement shall not
    18  include  the costs of initial veterinary examination fees and diagnostic
    19  fees not directly related to the veterinarian's certification  that  the
    20  animal is unfit for purchase pursuant to this section.]
    21    The  commissioner  by  regulations shall prescribe a form for, and the
    22  content of, the certification that an  animal  is  unfit  for  purchase,
    23  which  shall be provided by an examining veterinarian to a consumer upon
    24  the examination of an animal which is subject to the provisions of  this
    25  section.  Such  form  shall  include, but not be limited to, information
    26  which identifies the type of animal, the owner, the date  and  diagnosis
    27  of  the animal, the treatment recommended if any, and an estimate or the
    28  actual cost of such treatment. Such form shall also include  the  notice
    29  prescribed in section seven hundred fifty-four of this article.
    30    The  commissioner  by  regulations  shall  prescribe information which
    31  shall be provided in writing by the pet dealer to the consumer upon  the
    32  sale  of  the animal. Such information shall include, but not be limited
    33  to, a description, including breed of the animal, the date of  purchase,
    34  the  name,  address and telephone number of the consumer, and the amount
    35  of the purchase. The pet dealer shall certify such information by  sign-
    36  ing the document in which it is contained.
    37    §  3.  This  act shall take effect on the thirtieth day after it shall
    38  have become a law and shall apply to dogs and cats purchased from a  pet
    39  dealer on or after such effective date.