Senate Bill S6093

2011-2012 Legislative Session

Authorizes a consumer to return, exchange or seek reimbursement for treatment for an unfit cat or dog within 6 months of the purchase of such animal from a pet dealer

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Sponsored By

Archive: Last 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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Bill Amendments

co-Sponsors

2011-S6093 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §753, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
S2570

2011-S6093 - Summary

Enacts "Charlemagne's Law; authorizes a consumer to return, exchange or seek reimbursement for treatment for a unfit cat or dog within 6 months of the purchase of such animal from a pet dealer; provides that, if consumer elects to keep the animal, he or she shall be entitled to reimbursement for all veterinary services related to the condition of the cat or dog which made it unfit for purchase.

2011-S6093 - Sponsor Memo

2011-S6093 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6093

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  BALL  --  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:

  Section 1. Subdivision 1 of section 753 of the general  business  law,
as  added by chapter 431 of the laws of 1988, and such section as renum-
bered and the opening paragraph as amended by chapter 68 of the laws  of
1993, is amended to read as follows:
  1.  If,  within [fourteen business days] SIX MONTHS following the sale
of an animal subject to this article or receipt of  the  written  notice
required  by section seven hundred fifty-four of this article, whichever
occurred last, a veterinarian of the consumer's choosing, licensed by  a
state  certifies  such animal to be unfit for purchase due to illness, a
congenital malformation  which  adversely  affects  the  health  of  the
animal,  or  the  presence  of  symptoms  of  a contagious or infectious
disease, the pet dealer shall afford the consumer the  right  to  choose
one of the following options:
  (a)  The  right  to  return  the  animal  and  receive a refund of the
purchase price including sales  tax,  and  reasonable  veterinary  costs
directly  related to the veterinarian's certification that the animal is
unfit for purchase pursuant to this section AND FOR SUCH  VETERINARIAN'S
TREATMENT  OF  THE  ANIMAL FOR THE CONDITION THAT MAKES THE ANIMAL UNFIT
FOR PURCHASE;
  (b) The right to return the animal and to receive an  exchange  animal
of  the consumer's choice of equivalent value, and reasonable veterinary
costs directly related to  the  veterinarian's  certification  that  the
animal  is  unfit  for  purchase  pursuant  to this section AND FOR SUCH
VETERINARIAN'S TREATMENT OF THE ANIMAL FOR THE CONDITION THAT MAKES  THE
ANIMAL UNFIT FOR PURCHASE; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

co-Sponsors

2011-S6093A - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §753, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
S2570

2011-S6093A - Summary

Enacts "Charlemagne's Law; authorizes a consumer to return, exchange or seek reimbursement for treatment for a unfit cat or dog within 6 months of the purchase of such animal from a pet dealer; provides that, if consumer elects to keep the animal, he or she shall be entitled to reimbursement for all veterinary services related to the condition of the cat or dog which made it unfit for purchase.

2011-S6093A - Sponsor Memo

2011-S6093A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6093--A

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens.  BALL,  ADAMS, HANNON, OPPENHEIMER, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee   on  Consumer  Protection  --  committee  discharged,  bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section  1.  Subdivision 1 of section 753 of the general business law,
as added by chapter 431 of the laws of 1988, and such section as  renum-
bered  and the opening paragraph as amended by chapter 68 of the laws of
1993, is amended to read as follows:
  1. If, within [fourteen business days] SIX MONTHS following  the  sale
of  an  animal  subject to this article or receipt of the written notice
required by section seven hundred fifty-four of this article,  whichever
occurred  last, a veterinarian of the consumer's choosing, licensed by a
state certifies such animal to be unfit for purchase due to  illness,  a
congenital  malformation  which  adversely  affects  the  health  of the
animal, or the presence  of  symptoms  of  a  contagious  or  infectious
disease,  AND  NOTWITHSTANDING  THE PRESENCE OF EVIDENCE INDICATING THAT
THE CONSUMER MAY HAVE MISTREATED THE ANIMAL IN  ANY  MANNER  OR  IF  THE
ANIMAL  HAS  BEEN  RETURNED  FOR  NO OTHER REASON OTHER THAN A CONDITION
DESCRIBED IN THIS SUBDIVISION the pet dealer shall afford  the  consumer
the right to choose one of the following options:
  (a)  The  right  to  return  the  animal  and  receive a refund of the
purchase price, including sales tax,  and  reasonable  veterinary  costs
directly  related to the veterinarian's certification that the animal is
unfit for purchase pursuant to this section AND FOR SUCH  VETERINARIAN'S
TREATMENT  OF  THE  ANIMAL FOR THE CONDITION THAT MAKES THE ANIMAL UNFIT
FOR PURCHASE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

co-Sponsors

2011-S6093B (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §753, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:
S2570

2011-S6093B (ACTIVE) - Summary

Enacts "Charlemagne's Law; authorizes a consumer to return, exchange or seek reimbursement for treatment for a unfit cat or dog within 6 months of the purchase of such animal from a pet dealer; provides that, if consumer elects to keep the animal, he or she shall be entitled to reimbursement for all veterinary services related to the condition of the cat or dog which made it unfit for purchase.

2011-S6093B (ACTIVE) - Sponsor Memo

2011-S6093B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6093--B

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens.  BALL,  ADAMS, HANNON, OPPENHEIMER, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee   on  Consumer  Protection  --  committee  discharged,  bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  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:

  Section 1.  Short title. This act shall be known and may be  cited  as
"Charlemagne's law".
  S  2.    Subdivision  1 of section 753 of the general business law, as
added by chapter 431 of the laws of 1988, and such section as renumbered
and the opening paragraph as amended by chapter 68 of the laws of  1993,
is amended to read as follows:
  1.  If,  within [fourteen business days] SIX MONTHS following the sale
of an animal subject to this article or receipt of  the  written  notice
required  by section seven hundred fifty-four of this article, whichever
occurred last, a veterinarian of the consumer's choosing, licensed by  a
state  certifies  such animal to be unfit for purchase due to illness, a
congenital malformation  which  adversely  affects  the  health  of  the
animal,  or  the  presence  of  symptoms  of  a contagious or infectious
disease, AND NOTWITHSTANDING THE PRESENCE OF  EVIDENCE  INDICATING  THAT
THE  CONSUMER  MAY  HAVE  MISTREATED  THE ANIMAL IN ANY MANNER OR IF THE
ANIMAL HAS BEEN RETURNED FOR NO REASON OTHER THAN A CONDITION  DESCRIBED
IN  THIS  SUBDIVISION the pet dealer shall afford the consumer the right
to choose one of the following options:
  (a) The right to return  the  animal  and  receive  a  refund  of  the
purchase  price,  including  sales  tax, and reasonable veterinary costs
directly related to the veterinarian's certification that the animal  is
unfit  for purchase pursuant to this section AND FOR SUCH VETERINARIAN'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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