senate Bill S5279B

2015-2016 Legislative Session

Authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2016 committed to rules
Jun 01, 2016 advanced to third reading
May 25, 2016 2nd report cal.
May 24, 2016 1st report cal.1072
May 19, 2016 print number 5279b
May 19, 2016 amend and recommit to consumer protection
May 13, 2016 print number 5279a
May 13, 2016 amend and recommit to consumer protection
Jan 06, 2016 referred to consumer protection
May 12, 2015 referred to consumer protection

Votes

view votes

May 24, 2016 - Consumer Protection committee Vote

S5279B
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 24, 2016

aye wr (2)

S5279 - Details

See Assembly Version of this Bill:
A3410
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §753, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8786
2017-2018: S1902, A6979

S5279 - Summary

Enacts "Charlemagne's Law"; authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer.

S5279 - Sponsor Memo

S5279 - Bill Text download pdf

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

                                  5279

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- 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.  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03800-01-5

S5279A - Details

See Assembly Version of this Bill:
A3410
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §753, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8786
2017-2018: S1902, A6979

S5279A - Summary

Enacts "Charlemagne's Law"; authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer.

S5279A - Sponsor Memo

S5279A - Bill Text download pdf

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

                                 5279--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- 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
amended by chapter 251 of the laws  of  2013,  is  amended  to  read  as
follows:
  1. If, within [fourteen business days] ONE HUNDRED EIGHTY DAYS follow-
ing  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  adversely  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03800-02-6

S5279B (ACTIVE) - Details

See Assembly Version of this Bill:
A3410
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §753, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8786
2017-2018: S1902, A6979

S5279B (ACTIVE) - Summary

Enacts "Charlemagne's Law"; authorizes a consumer to seek reimbursement for treatment for an unfit cat or dog within 30 days of the purchase of such animal from a pet dealer.

S5279B (ACTIVE) - Sponsor Memo

S5279B (ACTIVE) - Bill Text download pdf

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

                                 5279--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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
amended  by  chapter  251  of  the  laws  of 2013, is amended to read as
follows:
  1. If, within [fourteen business days] THIRTY DAYS 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03800-04-6

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