Bill Text: NY S07415 | 2017-2018 | General Assembly | Amended

New York Senate Bill 7415 (Prior Session Legislation)

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

Bill Title: Prohibits the leasing of companion animals; prohibits using companion animals as security for a contract.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2018-09-24 - SIGNED CHAP.272 [S07415 Detail]

Download: New_York-2017-S07415-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         7415--A
                    IN SENATE
                                    January 16, 2018
                                       ___________
        Introduced  by  Sens.  MARCELLINO,  MARCHIONE  -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee
        AN ACT to amend the general business law  and  the  general  obligations
          law, in relation to certain lease agreements concerning dogs and cats
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  753-e to read as follows:
     3    § 753-e. Prohibited contracts. No pet dealer  licensed  and  inspected
     4  pursuant  to  article  twenty-six-A  of  the agriculture and markets law
     5  shall execute or facilitate the execution of any contract  or  agreement
     6  deemed  void  as against public policy and wholly unenforceable pursuant
     7  to section 5-336 of the general obligations law.
     8    § 2. The general obligations law is amended by adding  a  new  section
     9  5-336 to read as follows:
    10    §  5-336. Pet leasing. 1. Any contract or agreement executed to trans-
    11  fer ownership of a dog or cat whereby ownership is contingent  upon  the
    12  making  of  payments over a period of time subsequent to the transfer of
    13  possession of such dog or cat shall be void as against public policy and
    14  wholly unenforceable, provided however, that this subdivision shall  not
    15  apply to payments to repay an unsecured loan for the purchase of the dog
    16  or cat.
    17    2.  Any  contract  or agreement executed for the lease of a dog or cat
    18  that provides for or offers the option of transferring ownership of such
    19  dog or cat at the end of the lease term shall be void as against  public
    20  policy and wholly unenforceable.
    21    3.  In addition to any other remedy provided by law, any person taking
    22  possession of a dog or cat transferred to such person under any contract
    23  or agreement executed pursuant  to  subdivisions  one  or  two  of  this
    24  section  shall  be deemed the owner of such dog or cat and shall also be
    25  entitled to reimbursement of all amounts paid by such  person  for  such
    26  dog or cat pursuant to such contract.
    27    §  3.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14227-02-8