senate Bill S7415C

Signed By Governor
2017-2018 Legislative Session

Prohibits the leasing of companion animals

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 24, 2018 signed chap.272
Sep 20, 2018 delivered to governor
Jun 14, 2018 returned to senate
passed assembly
ordered to third reading rules cal.180
substituted for a10082b
Jun 06, 2018 referred to codes
delivered to assembly
passed senate
May 31, 2018 advanced to third reading
May 30, 2018 2nd report cal.
amended 7415c
May 22, 2018 1st report cal.1322
Apr 30, 2018 print number 7415b
Apr 30, 2018 amend (t) and recommit to judiciary
Mar 08, 2018 print number 7415a
Mar 08, 2018 amend (t) and recommit to judiciary
Jan 16, 2018 referred to judiciary

Co-Sponsors

S7415 (ACTIVE) - Details

See Assembly Version of this Bill:
A10082
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

S7415 (ACTIVE) - Summary

Prohibits the leasing of companion animals; prohibits using companion animals as security for a contract.

S7415 (ACTIVE) - Sponsor Memo

S7415 (ACTIVE) - Bill Text download pdf


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

                                  7415

                            I N  S E N A T E

                            January 16, 2018
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to  prohibiting
  the leasing of companion animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-336 to read as follows:
  §  5-336.  PET LEASING.  1. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF
THIS SUBDIVISION, A CONTRACT TO TRANSFER OWNERSHIP OF A COMPANION ANIMAL
IN WHICH OWNERSHIP IS CONTINGENT UPON A LEASE  OR  UPON  THE  MAKING  OF
PAYMENTS  OVER A PERIOD OF TIME SUBSEQUENT TO THE TRANSFER OF POSSESSION
OF THE ANIMAL IS VOID AS AGAINST PUBLIC POLICY.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PAYMENTS  TO
REPAY AN UNSECURED LOAN FOR THE PURCHASE OF A COMPANION ANIMAL.
  2.  A  CONTRACT  ENTERED INTO FOR THE LEASE OF A COMPANION ANIMAL THAT
PROVIDES FOR OR OFFERS THE  OPTION  OF  TRANSFERRING  OWNERSHIP  OF  THE
ANIMAL AT THE END OF THE LEASE TERM IS VOID AS AGAINST PUBLIC POLICY.
  3.  IN  ADDITION  TO  ANY OTHER REMEDIES PROVIDED BY LAW, THE CONSUMER
TAKING POSSESSION OF A COMPANION ANIMAL  TRANSFERRED  UNDER  A  CONTRACT
DESCRIBED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OR IN SUBDIVISION TWO OF
THIS SECTION SHALL BE DEEMED THE OWNER OF THE ANIMAL AND SHALL  ALSO  BE
ENTITLED  TO  THE  RETURN  OF  ALL  AMOUNTS  THE CONSUMER PAID UNDER THE
CONTRACT.
  4. "COMPANION ANIMAL" MEANS ANY DOG, CAT OR OTHER DOMESTICATED  ANIMAL
NORMALLY  MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO
CARES FOR SUCH OTHER ANIMAL. "COMPANION  ANIMAL"  SHALL  NOT  INCLUDE  A
"FARM  ANIMAL" AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE AGRICUL-
TURE AND MARKETS LAW.
  § 2. This act shall take effect on the twentieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14227-01-8

Co-Sponsors

S7415A (ACTIVE) - Details

See Assembly Version of this Bill:
A10082
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

S7415A (ACTIVE) - Summary

Prohibits the leasing of companion animals; prohibits using companion animals as security for a contract.

S7415A (ACTIVE) - Sponsor Memo

S7415A (ACTIVE) - Bill Text download pdf


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

                                 7415--A

                            I N  S E N A T E

                            January 16, 2018
                               ___________

Introduced  by  Sens.  MARCELLINO,  MARCHIONE  -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the general business law  and  the  general  obligations
  law, in relation to certain lease agreements concerning dogs and cats

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
753-e to read as follows:
  § 753-E. PROHIBITED CONTRACTS. NO PET DEALER  LICENSED  AND  INSPECTED
PURSUANT  TO  ARTICLE  TWENTY-SIX-A  OF  THE AGRICULTURE AND MARKETS LAW
SHALL EXECUTE OR FACILITATE THE EXECUTION OF ANY CONTRACT  OR  AGREEMENT
DEEMED  VOID  AS AGAINST PUBLIC POLICY AND WHOLLY UNENFORCEABLE PURSUANT
TO SECTION 5-336 OF THE GENERAL OBLIGATIONS LAW.
  § 2. The general obligations law is amended by adding  a  new  section
5-336 to read as follows:
  §  5-336. PET LEASING. 1. ANY CONTRACT OR AGREEMENT EXECUTED TO TRANS-
FER OWNERSHIP OF A DOG OR CAT WHEREBY OWNERSHIP IS CONTINGENT  UPON  THE
MAKING  OF  PAYMENTS OVER A PERIOD OF TIME SUBSEQUENT TO THE TRANSFER OF
POSSESSION OF SUCH DOG OR CAT SHALL BE VOID AS AGAINST PUBLIC POLICY AND
WHOLLY UNENFORCEABLE, PROVIDED HOWEVER, THAT THIS SUBDIVISION SHALL  NOT
APPLY TO PAYMENTS TO REPAY AN UNSECURED LOAN FOR THE PURCHASE OF THE DOG
OR CAT.
  2.  ANY  CONTRACT  OR AGREEMENT EXECUTED FOR THE LEASE OF A DOG OR CAT
THAT PROVIDES FOR OR OFFERS THE OPTION OF TRANSFERRING OWNERSHIP OF SUCH
DOG OR CAT AT THE END OF THE LEASE TERM SHALL BE VOID AS AGAINST  PUBLIC
POLICY AND WHOLLY UNENFORCEABLE.
  3.  IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW, ANY PERSON TAKING
POSSESSION OF A DOG OR CAT TRANSFERRED TO SUCH PERSON UNDER ANY CONTRACT
OR AGREEMENT EXECUTED PURSUANT  TO  SUBDIVISIONS  ONE  OR  TWO  OF  THIS
SECTION  SHALL  BE DEEMED THE OWNER OF SUCH DOG OR CAT AND SHALL ALSO BE
ENTITLED TO REIMBURSEMENT OF ALL AMOUNTS PAID BY SUCH  PERSON  FOR  SUCH
DOG OR CAT PURSUANT TO SUCH CONTRACT.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

S7415B (ACTIVE) - Details

See Assembly Version of this Bill:
A10082
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

S7415B (ACTIVE) - Summary

Prohibits the leasing of companion animals; prohibits using companion animals as security for a contract.

S7415B (ACTIVE) - Sponsor Memo

S7415B (ACTIVE) - Bill Text download pdf


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

                                 7415--B

                            I N  S E N A T E

                            January 16, 2018
                               ___________

Introduced  by  Sens.  MARCELLINO,  HAMILTON,  MARCHIONE, MURPHY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Judiciary -- 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 certain lease
  agreements concerning dogs and cats

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
753-e to read as follows:
  §  753-E. PROHIBITED CONTRACTS.  NO CONTRACT FOR THE PURCHASE OF A DOG
OR A CAT OR THE FINANCING OF SUCH PURCHASE SHALL INCLUDE ANY  PROVISIONS
WHICH  AUTHORIZE THE USE OF A DOG OR A CAT AS SECURITY WHERE SUCH DOG OR
CAT MAY BE REPOSSESSED BY THE SELLER CONTINGENT ON THE PURCHASER  MAKING
PAYMENTS  UNDER  SUCH  CONTRACT.    PROVIDED,  HOWEVER,  NOTHING IN THIS
SECTION SHALL PROHIBIT THE PURCHASE OF A DOG OR CAT THROUGH AN UNSECURED
PERSONAL LOAN, NOR BE  CONSTRUED  TO  LIMIT  THE  ENFORCEMENT  OF  OTHER
PROVISIONS  OF THIS ARTICLE, ARTICLE 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.
  § 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14227-05-8

Co-Sponsors

view additional co-sponsors

S7415C (ACTIVE) - Details

See Assembly Version of this Bill:
A10082
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

S7415C (ACTIVE) - Summary

Prohibits the leasing of companion animals; prohibits using companion animals as security for a contract.

S7415C (ACTIVE) - Sponsor Memo

S7415C (ACTIVE) - Bill Text download pdf


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

                                 7415--C
    Cal. No. 1322

                            I N  S E N A T E

                            January 16, 2018
                               ___________

Introduced  by Sens. MARCELLINO, HAMILTON, KRUEGER, MARCHIONE, MURPHY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Judiciary  --  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 -- reported favorably from said  commit-
  tee,  ordered  to  first report, amended on first report, ordered to a
  second report and ordered reprinted, retaining its place in the  order
  of second report

AN  ACT  to amend the general business law, in relation to certain lease
  agreements concerning dogs and cats

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
753-e to read as follows:
  §  753-E. PROHIBITED CONTRACTS.  NO CONTRACT FOR THE PURCHASE OF A DOG
OR A CAT OR THE FINANCING OF SUCH PURCHASE SHALL INCLUDE ANY  PROVISIONS
WHICH  AUTHORIZE THE USE OF A DOG OR A CAT AS SECURITY WHERE SUCH DOG OR
CAT MAY BE REPOSSESSED  BY  THE  SELLER  OR  LENDER  CONTINGENT  ON  THE
PURCHASER  MAKING PAYMENTS UNDER SUCH CONTRACT. PROVIDED, HOWEVER, NOTH-
ING IN THIS SECTION SHALL PROHIBIT THE PURCHASE OF A DOG OR CAT  THROUGH
AN UNSECURED PERSONAL LOAN, NOR BE CONSTRUED TO LIMIT THE ENFORCEMENT OF
OTHER  PROVISIONS  OF THIS ARTICLE, ARTICLE TWENTY-SIX-A OF THE AGRICUL-
TURE AND MARKETS LAW OR OTHER RIGHTS OR  REMEDIES  WHICH  ARE  OTHERWISE
AVAILABLE TO ALL PARTIES UNDER ANY OTHER LAW.
  §  2.  Subdivision  1-a of section 755 of the general business law, as
added by chapter 259 of the laws of 2000, is amended to read as follows:
  1-a. Any person who violates any provision of  section  seven  hundred
fifty-three-a,  seven  hundred  fifty-three-b, [or] seven hundred fifty-
three-c, OR SEVEN HUNDRED FIFTY-THREE-E of  this  article  may  also  be
subject  to denial, suspension, revocation of, or refusal to renew a pet
dealer license, in accordance  with  the  provisions  of  sections  four
hundred three and four hundred four of the agriculture and markets law.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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