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SB2570 Actions:

BILL NOS02570A
 
01/22/2013REFERRED TO CONSUMER PROTECTION
03/25/2013AMEND AND RECOMMIT TO CONSUMER PROTECTION
03/25/2013PRINT NUMBER 2570A
01/08/2014REFERRED TO CONSUMER PROTECTION
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SB2570 Text:



 
                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  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    § 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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