S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6979
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2017
                                ___________
 
 Introduced by M. of A. TITONE -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 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:
 
   Section  1.   Short title. This act shall be known and may be cited as
 "Charlemagne's law".
   § 2. Subdivision 1 of section 753 of  the  general  business  law,  as
 amended  by  chapter  251  of  the  laws  of 2013, is amended to read as
 follows:
   1. If, within [fourteen business days] THIRTY DAYS following the  sale
 of  an  animal  subject to this article or receipt of the written notice
 required by section seven hundred fifty-four of this article,  whichever
 occurred  last, a veterinarian of the consumer's choosing, licensed by a
 state certifies such animal to be unfit for purchase due to  illness  or
 the  presence  of symptoms of a contagious or infectious disease, or if,
 within one hundred eighty calendar days following such sale or  receipt,
 whichever  occurred  last, a licensed veterinarian certifies such animal
 to be unfit for purchase due to a congenital malformation which adverse-
 ly affects the health of the animal, the pet  dealer  shall  afford  the
 consumer the right to choose one of the following options:
   (a)  The  right  to  return  the  animal  and  receive a refund of the
 purchase price including  sales  tax  and  reasonable  veterinary  costs
 directly  related to the veterinarian's certification that the animal is
 unfit for purchase pursuant to this section;
   (b) The right to return the animal and to receive an  exchange  animal
 of  the  consumer's choice of equivalent value and reasonable veterinary
 costs directly related to  the  veterinarian's  certification  that  the
 animal is unfit for purchase pursuant to this section; or

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

                                                            LBD00216-01-7

 A. 6979                             2
 
   (c) The right to retain the animal and to receive reimbursement from a
 pet  dealer  for veterinary services from a licensed veterinarian of the
 consumer's choosing, for the purpose of curing or attempting to cure the
 animal DURING THE LIFETIME OF SUCH ANIMAL.   [The  reasonable  value  of
 reimbursable  services rendered to cure or attempting to cure the animal
 shall not exceed the purchase price of the animal.] The  value  of  such
 services  is  reasonable  if comparable to the value of similar services
 rendered by other licensed veterinarians in proximity  to  the  treating
 veterinarian.  Such reimbursement shall not include the costs of initial
 veterinary examination fees and diagnostic fees not directly related  to
 the  veterinarian's  certification that the animal is unfit for purchase
 pursuant to this section.
   The commissioner by regulations shall prescribe a form  for,  and  the
 content  of,  the  certification  that  an animal is unfit for purchase,
 which shall be provided by an examining veterinarian to a consumer  upon
 the  examination of an animal which is subject to the provisions of this
 section. Such form shall include, but not  be  limited  to,  information
 which  identifies  the type of animal, the owner, the date and diagnosis
 of the animal, the treatment recommended if any, and an estimate or  the
 actual  cost  of such treatment. Such form shall also include the notice
 prescribed in section seven hundred fifty-four of this article.
   The commissioner by  regulations  shall  prescribe  information  which
 shall  be provided in writing by the pet dealer to the consumer upon the
 sale of the animal. Such information shall include, but not  be  limited
 to,  a description, including breed of the animal, the date of purchase,
 the name, address and telephone number of the consumer, and  the  amount
 of  the purchase. The pet dealer shall certify such information by sign-
 ing the document in which it is contained.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law and shall apply to dogs and cats purchased from a pet
 dealer on or after such effective date.