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

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

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7415
                    IN SENATE
                                    January 16, 2018
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary
        AN ACT to amend the general obligations law, in relation to  prohibiting
          the leasing of companion animals
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 5-336 to read as follows:
     3    §  5-336.  Pet leasing.  1. (a) Except as provided in paragraph (b) of
     4  this subdivision, a contract to transfer ownership of a companion animal
     5  in which ownership is contingent upon a lease  or  upon  the  making  of
     6  payments  over a period of time subsequent to the transfer of possession
     7  of the animal is void as against public policy.
     8    (b) The provisions of this subdivision shall not apply to payments  to
     9  repay an unsecured loan for the purchase of a companion animal.
    10    2.  A  contract  entered into for the lease of a companion animal that
    11  provides for or offers the  option  of  transferring  ownership  of  the
    12  animal at the end of the lease term is void as against public policy.
    13    3.  In  addition  to  any other remedies provided by law, the consumer
    14  taking possession of a companion animal  transferred  under  a  contract
    15  described  in  paragraph (a) of subdivision one or in subdivision two of
    16  this section shall be deemed the owner of the animal and shall  also  be
    17  entitled  to  the  return  of  all  amounts  the consumer paid under the
    18  contract.
    19    4. "Companion animal" means any dog, cat or other domesticated  animal
    20  normally  maintained in or near the household of the owner or person who
    21  cares for such other animal. "Companion  animal"  shall  not  include  a
    22  "farm  animal" as defined in section three hundred fifty of the agricul-
    23  ture and markets law.
    24    § 2. This act shall take effect on the twentieth day  after  it  shall
    25  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14227-01-8