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

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

---

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-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5279
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 12, 2015
                                      ___________
       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 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    S  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] SIX MONTHS following the sale
    7  of an animal subject to this article or receipt of  the  written  notice
    8  required  by section seven hundred fifty-four of this article, whichever
    9  occurred last, a veterinarian of the consumer's choosing, licensed by  a
   10  state  certifies  such animal to be unfit for purchase due to illness or
   11  the presence of symptoms of a contagious or infectious disease,  or  if,
   12  within  one hundred eighty calendar days following such sale or receipt,
   13  whichever occurred last, a licensed veterinarian certifies  such  animal
   14  to be unfit for purchase due to a congenital malformation which adverse-
   15  ly affects the health of the animal, AND NOTWITHSTANDING THE PRESENCE OF
   16  EVIDENCE  INDICATING THAT THE CONSUMER MAY HAVE MISTREATED THE ANIMAL IN
   17  ANY MANNER OR IF THE ANIMAL HAS BEEN RETURNED FOR NO REASON OTHER THAN A
   18  CONDITION DESCRIBED IN THIS SUBDIVISION the pet dealer shall [afford the
   19  consumer the right to choose one of the following options:
   20    (a) The right to return  the  animal  and  receive  a  refund  of  the
   21  purchase  price  including  sales  tax  and  reasonable veterinary costs
   22  directly related to the veterinarian's certification that the animal  is
   23  unfit for purchase pursuant to this section;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03800-01-5
       S. 5279                             2
    1    (b)  The  right to return the animal and to receive an exchange animal
    2  of the consumer's choice of equivalent value and  reasonable  veterinary
    3  costs  directly  related  to  the  veterinarian's certification that the
    4  animal is unfit for purchase pursuant to this section; or
    5    (c)  The right to retain the animal and to receive] PROVIDE reimburse-
    6  ment [from a pet dealer] TO THE CONSUMER for veterinary services from  a
    7  licensed  veterinarian  of  the  consumer's choosing, for the purpose of
    8  curing or attempting to cure the animal  DURING  THE  LIFETIME  OF  SUCH
    9  ANIMAL.  [The reasonable value of reimbursable services rendered to cure
   10  or  attempting to cure the animal shall not exceed the purchase price of
   11  the animal.] The value of such services is reasonable if  comparable  to
   12  the  value  of similar services rendered by other licensed veterinarians
   13  in proximity to the treating veterinarian. [Such reimbursement shall not
   14  include the costs of initial veterinary examination fees and  diagnostic
   15  fees  not  directly related to the veterinarian's certification that the
   16  animal is unfit for purchase pursuant to this section.]
   17    The commissioner by regulations shall prescribe a form  for,  and  the
   18  content  of,  the  certification  that  an animal is unfit for purchase,
   19  which shall be provided by an examining veterinarian to a consumer  upon
   20  the  examination of an animal which is subject to the provisions of this
   21  section. Such form shall include, but not  be  limited  to,  information
   22  which  identifies  the type of animal, the owner, the date and diagnosis
   23  of the animal, the treatment recommended if any, and an estimate or  the
   24  actual  cost  of such treatment. Such form shall also include the notice
   25  prescribed in section seven hundred fifty-four of this article.
   26    The commissioner by  regulations  shall  prescribe  information  which
   27  shall  be provided in writing by the pet dealer to the consumer upon the
   28  sale of the animal. Such information shall include, but not  be  limited
   29  to,  a description, including breed of the animal, the date of purchase,
   30  the name, address and telephone number of the consumer, and  the  amount
   31  of  the purchase. The pet dealer shall certify such information by sign-
   32  ing the document in which it is contained.
   33    S 3. This act shall take effect on the thirtieth day  after  it  shall
   34  have  become a law and shall apply to dogs and cats purchased from a pet
   35  dealer on or after such effective date.