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SB2570 Actions:

BILL NO    S02570A

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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SB2570 Text:

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

                                        2570--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   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    S 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  right
   18  to choose one of the following options:
   19    (a)  The  right  to  return  the  animal  and  receive a refund of the
   20  purchase price including  sales  tax  and  reasonable  veterinary  costs
   21  directly  related to the veterinarian's certification that the animal is
   22  unfit for purchase pursuant to this section;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07297-02-3
       S. 2570--A                          2

    1    (b) The right to return the animal and to receive an  exchange  animal
    2  of  the  consumer's choice of equivalent value and reasonable veterinary
    3  costs directly related to  the  veterinarian's  certification  that  the
    4  animal is unfit for purchase pursuant to this section; or
    5    (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 cure
   10  or  attempting to cure the animal shall not exceed the purchase price of
   11  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 not
   14  include the costs of initial veterinary examination fees and  diagnostic
   15  fees  not  directly related to the veterinarian's certification that the
   16  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    S 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.
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