|01/22/2013||REFERRED TO CONSUMER PROTECTION|
|03/25/2013||AMEND AND RECOMMIT TO CONSUMER PROTECTION|
|03/25/2013||PRINT NUMBER 2570A|
|01/08/2014||REFERRED TO CONSUMER PROTECTION|
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STATE OF NEW YORK ________________________________________________________________________ 2570--A 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________ Introduced by Sens. BALL, SAMPSON -- 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 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Charlemagne's law". 3 § 2. Subdivision 1 of section 753 of the general business law, as 4 added by chapter 431 of the laws of 1988, such section as renumbered and 5 the opening paragraph as amended by chapter 68 of the laws of 1993, is 6 amended to read as follows: 7 1. If, within [ fourteen business days] six months following the sale 8 of an animal subject to this article or receipt of the written notice 9 required by section seven hundred fifty-four of this article, whichever 10 occurred last, a veterinarian of the consumer's choosing, licensed by a 11 state certifies such animal to be unfit for purchase due to illness, a 12 congenital malformation which adversely affects the health of the 13 animal, or the presence of symptoms of a contagious or infectious 14 disease, and notwithstanding the presence of evidence indicating that 15 the consumer may have mistreated the animal in any manner or if the 16 animal has been returned for no reason other than a condition described 17 in this subdivision the pet dealer shall [ afford the consumer the right18 to choose one of the following options:19 (a) The right to return the animal and receive a refund of the20 purchase price including sales tax and reasonable veterinary costs21 directly related to the veterinarian's certification that the animal is22 unfit for purchase pursuant to this section;EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07297-02-3S. 2570--A 2 1 (b) The right to return the animal and to receive an exchange animal2 of the consumer's choice of equivalent value and reasonable veterinary3 costs directly related to the veterinarian's certification that the4 animal is unfit for purchase pursuant to this section; or5 (c) The right to retain the animal and to receive] provide reimburse- 6 ment [ from a pet dealer] to the consumer for veterinary services from a 7 licensed veterinarian of the consumer's choosing, for the purpose of 8 curing or attempting to cure the animal during the lifetime of such 9 animal. [ The reasonable value of reimbursable services rendered to cure10 or attempting to cure the animal shall not exceed the purchase price of11 the animal.] The value of such services is reasonable if comparable to 12 the value of similar services rendered by other licensed veterinarians 13 in proximity to the treating veterinarian. [ Such reimbursement shall not14 include the costs of initial veterinary examination fees and diagnostic15 fees not directly related to the veterinarian's certification that the16 animal is unfit for purchase pursuant to this section.] 17 The commissioner by regulations shall prescribe a form for, and the 18 content of, the certification that an animal is unfit for purchase, 19 which shall be provided by an examining veterinarian to a consumer upon 20 the examination of an animal which is subject to the provisions of this 21 section. Such form shall include, but not be limited to, information 22 which identifies the type of animal, the owner, the date and diagnosis 23 of the animal, the treatment recommended if any, and an estimate or the 24 actual cost of such treatment. Such form shall also include the notice 25 prescribed in section seven hundred forty-three of this article. 26 The commissioner by regulations shall prescribe information which 27 shall be provided in writing by the pet dealer to the consumer upon the 28 sale of the animal. Such information shall include, but not be limited 29 to, a description, including breed of the animal, the date of purchase, 30 the name, address and telephone number of the consumer, and the amount 31 of the purchase. The pet dealer shall certify such information by sign- 32 ing the document in which it is contained. 33 § 3. This act shall take effect on the thirtieth day after it shall 34 have become a law and shall apply to dogs and cats purchased from a pet 35 dealer on or after such effective date.