NY State Senate Bill 2023-S9019

Senate Bill S9019

2023-2024 Legislative Session

Prohibits contracts for the purchase or financing of a dog, cat, or rabbit from including provisions allowing repossession of the animal

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2024	referred to consumer protection

2023-S9019 (ACTIVE) - Details

See Assembly Version of this Bill:: A4058
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §753-e, Gen Bus L

2023-S9019 (ACTIVE) - Summary

Prohibits contracts for the purchase or financing of a dog, cat, or rabbit from including provisions allowing repossession of the animal; provides that such provisions apply to the sale of dogs, cats and rabbits through an online website.

2023-S9019 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9019

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
contracts for the purchase or financing of a dog, cat, or rabbit from
including provisions allowing repossession of the animal

 
PURPOSE:

This bill will protect consumers from predatory lease agreements offered
to for the purchasing of pets online.

 
SUMMARY OF PROVISIONS:

Section one amends section 753-e of the general business law.

Section two sets forth the effective date.

 
JUSTIFICATION:

In 2018, New York State enacted a law to prohibit the leasing of dogs
and cats sold in pet stores. These agreements, sometimes referred to as
payment plans, are signed by consumers who have fallen in love with a
puppy or kitten at the pet store, often not realizing that they are
entering into a lease agreement and the pet could be repossessed. Unlike
homes or automobiles, pets are sentient beings that should not be treat-
ed as collateral.

In recent years, more retailers have begun to sell pets online, where
consumers choose a pet based on the online photos and complete the
purchase by paying in full upfront or through a lease agreement.  New
York State has already taken steps to protect consumers from the preda-
tory leasing of pets sold in stores, but we must convey similar
protections for those who purchase a pet online. This legislation will
prohibit online pet retailers from using an animal as a form of collat-
eral and add rabbits to the animals included in current law that may not
be used for collateral.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9019 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9019
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  prohibiting
   contracts  for the purchase or financing of a dog, cat, or rabbit from
   including provisions allowing repossession of the animal

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  753-e  of  the general business law, as added by
 chapter 272 of the laws of 2018, is amended to read as follows:
   § 753-e. Prohibited contracts. No contract for the purchase of  a  dog
 [or  a], cat, OR RABBIT, or the financing of such purchase shall include
 any provisions which authorize the use of a dog [or a], cat,  OR  RABBIT
 as  security  where  such dog [or], cat, OR RABBIT may be repossessed by
 the seller or lender contingent on the purchaser making  payments  under
 such contract. Provided, however, nothing in this section shall prohibit
 the purchase of a dog [or], cat, OR RABBIT through an unsecured personal
 loan,  nor  be construed to limit the enforcement of other provisions of
 this article, article [twenty-six-a] TWENTY-SIX-A of the agriculture and
 markets law or other rights or remedies which are otherwise available to
 all parties under any other law.  THE PROVISIONS OF THIS  SECTION  SHALL
 APPLY TO THE SALE OF A DOG, CAT, OR RABBIT THROUGH AN ONLINE WEBSITE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02748-03-4

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