assembly Bill A8786

2013-2014 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 14, 2014 referred to consumer affairs and protection

A8786 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd ยง753, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3410
2017-2018: A6979

A8786 (ACTIVE) - Summary

Enacts "Charlemagne's Law; authorizes a consumer to 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, the consumer shall be entitled to reimbursement for all veterinary services related to the condition of the cat or dog which made it unfit for purchase; eliminates the right of a consumer to return for a refund, or return and exchange such unfit cat or dog.

A8786 (ACTIVE) - Bill Text download pdf

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

                                  8786

                          I N  A S S E M B L Y

                            February 14, 2014
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Consumer Affairs and 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.   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
amended  by  chapter  251  of  the  laws  of 2013, 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  or
the  presence  of symptoms of a contagious or infectious disease, or if,
within one hundred eighty calendar days following such sale or  receipt,
whichever  occurred  last, a licensed veterinarian certifies such animal
to be unfit for purchase due to a congenital malformation which adverse-
ly affects the health of the animal, 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;
  (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; or

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

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