Assembly Bill A10082B

Signed By Governor
2017-2018 Legislative Session

Prohibits the leasing of companion animals

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7415 - Signed by Governor

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

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A10082 - Details

See Senate Version of this Bill:
S7415
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

2017-A10082 - Summary

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

2017-A10082 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10082
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced by M. of A. TITONE -- read once and referred to the Committee
   on Agriculture
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2017-A10082A - Details

See Senate Version of this Bill:
S7415
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

2017-A10082A - Summary

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

2017-A10082A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10082--A
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced  by  M.  of A. TITONE, JEAN-PIERRE, D'URSO, MOSLEY, L. ROSEN-
   THAL,  ENGLEBRIGHT,  ORTIZ,  M. G. MILLER,  DINOWITZ,  RA,  MONTESANO,
   MURRAY,  McDONOUGH,  NIOU,  GUNTHER, WILLIAMS, WEPRIN, COLTON, NORRIS,
   BYRNE, GLICK, BLAKE,  COOK,  SKOUFIS,  BRABENEC,  O'DONNELL,  WOERNER,
   SEPULVEDA,  DAVILA  --  Multi-Sponsored by -- M. of A. ERRIGO, GIGLIO,
   HEVESI, WRIGHT -- read once and referred to the Committee on  Agricul-
   ture  --  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.
                                                            LBD14227-04-8

co-Sponsors

multi-Sponsors

2017-A10082B (ACTIVE) - Details

See Senate Version of this Bill:
S7415
Law Section:
General Business Law
Laws Affected:
Add §753-e, amd §755, Gen Bus L

2017-A10082B (ACTIVE) - Summary

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

2017-A10082B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10082--B
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced  by  M.  of A. TITONE, JEAN-PIERRE, D'URSO, MOSLEY, L. ROSEN-
   THAL,  ENGLEBRIGHT,  ORTIZ,  M. G. MILLER,  DINOWITZ,  RA,  MONTESANO,
   MURRAY,  McDONOUGH,  NIOU,  GUNTHER, WILLIAMS, WEPRIN, COLTON, NORRIS,
   BYRNE, GLICK, BLAKE,  COOK,  SKOUFIS,  BRABENEC,  O'DONNELL,  WOERNER,
   DAVILA,  GALEF -- Multi-Sponsored by -- M. of A. ERRIGO, GIGLIO, HEVE-
   SI, WRIGHT -- read once and referred to the Committee  on  Agriculture
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- again reported from said  commit-
   tee  with  amendments, 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  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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