Assembly Bill A8786

                            
                    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.
              

                                                           LBD07297-03-4

A. 8786                             2

  (c)  The right to retain the animal and to receive] PROVIDE reimburse-
ment [from a pet dealer] TO THE CONSUMER for veterinary services from  a
licensed  veterinarian  of  the  consumer's choosing, for the purpose of
curing or attempting to cure the animal  DURING  THE  LIFETIME  OF  SUCH
ANIMAL.  [The reasonable value of reimbursable services rendered to cure
or  attempting to cure the animal shall not exceed the purchase price of
the animal.] The value of such services is reasonable if  comparable  to
the  value  of similar services rendered by other licensed veterinarians
in proximity to the treating veterinarian. [Such reimbursement shall not
include the costs of initial veterinary examination fees and  diagnostic
fees  not  directly related to the veterinarian's certification that the
animal is unfit for purchase pursuant to this section.]
  The commissioner by regulations shall prescribe a form  for,  and  the
content  of,  the  certification  that  an animal is unfit for purchase,
which shall be provided by an examining veterinarian to a consumer  upon
the  examination of an animal which is subject to the provisions of this
section. Such form shall include, but not  be  limited  to,  information
which  identifies  the type of animal, the owner, the date and diagnosis
of the animal, the treatment recommended if any, and an estimate or  the
actual  cost  of such treatment. Such form shall also include the notice
prescribed in section seven hundred fifty-four of this article.
  The commissioner by  regulations  shall  prescribe  information  which
shall  be provided in writing by the pet dealer to the consumer upon the
sale of the animal. Such information shall include, but not  be  limited
to,  a description, including breed of the animal, the date of purchase,
the name, address and telephone number of the consumer, and  the  amount
of  the purchase. The pet dealer shall certify such information by sign-
ing the document in which it is contained.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall apply to dogs and cats purchased from a pet
dealer on or after such effective date.