Senate Bill S7415

Signed By Governor
2017-2018 Legislative Session

Prohibits the leasing of companion animals

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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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Actions
Votes

Bill Amendments

co-Sponsors

2017-S7415 - Details

Law Section:
General Obligations Law
Laws Affected:
Add §5-336, Gen Ob L

2017-S7415 - Summary

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

2017-S7415 - Sponsor Memo

2017-S7415 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7415
 
                             I N  S E N A T E
 
                             January 16, 2018
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to  prohibiting
   the leasing of companion animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general obligations law is  amended  by  adding  a  new
 section 5-336 to read as follows:
   §  5-336.  PET LEASING.  1. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF
 THIS SUBDIVISION, A CONTRACT TO TRANSFER OWNERSHIP OF A COMPANION ANIMAL
 IN WHICH OWNERSHIP IS CONTINGENT UPON A LEASE  OR  UPON  THE  MAKING  OF
 PAYMENTS  OVER A PERIOD OF TIME SUBSEQUENT TO THE TRANSFER OF POSSESSION
 OF THE ANIMAL IS VOID AS AGAINST PUBLIC POLICY.
   (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO PAYMENTS  TO
 REPAY AN UNSECURED LOAN FOR THE PURCHASE OF A COMPANION ANIMAL.
   2.  A  CONTRACT  ENTERED INTO FOR THE LEASE OF A COMPANION ANIMAL THAT
 PROVIDES FOR OR OFFERS THE  OPTION  OF  TRANSFERRING  OWNERSHIP  OF  THE
 ANIMAL AT THE END OF THE LEASE TERM IS VOID AS AGAINST PUBLIC POLICY.
   3.  IN  ADDITION  TO  ANY OTHER REMEDIES PROVIDED BY LAW, THE CONSUMER
 TAKING POSSESSION OF A COMPANION ANIMAL  TRANSFERRED  UNDER  A  CONTRACT
 DESCRIBED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OR IN SUBDIVISION TWO OF
 THIS SECTION SHALL BE DEEMED THE OWNER OF THE ANIMAL AND SHALL  ALSO  BE
 ENTITLED  TO  THE  RETURN  OF  ALL  AMOUNTS  THE CONSUMER PAID UNDER THE
 CONTRACT.
   4. "COMPANION ANIMAL" MEANS ANY DOG, CAT OR OTHER DOMESTICATED  ANIMAL
 NORMALLY  MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO
 CARES FOR SUCH OTHER ANIMAL. "COMPANION  ANIMAL"  SHALL  NOT  INCLUDE  A
 "FARM  ANIMAL" AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE AGRICUL-
 TURE AND MARKETS LAW.
   § 2. This act shall take effect on the twentieth day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14227-01-8

co-Sponsors

2017-S7415A - Details

Law Section:
General Obligations Law
Laws Affected:
Add §5-336, Gen Ob L

2017-S7415A - Summary

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

2017-S7415A - Sponsor Memo

2017-S7415A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7415--A
 
                             I N  S E N A T E
 
                             January 16, 2018
                                ___________
 
 Introduced  by  Sens.  MARCELLINO,  MARCHIONE  -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 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.

co-Sponsors

2017-S7415B - Details

Law Section:
General Obligations Law
Laws Affected:
Add §5-336, Gen Ob L

2017-S7415B - Summary

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

2017-S7415B - Sponsor Memo

2017-S7415B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7415--B
 
                             I N  S E N A T E
 
                             January 16, 2018
                                ___________
 
 Introduced  by  Sens.  MARCELLINO,  HAMILTON,  MARCHIONE, MURPHY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on Judiciary -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  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.
                                                            LBD14227-05-8

co-Sponsors

2017-S7415C (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Add §5-336, Gen Ob L

2017-S7415C (ACTIVE) - Summary

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

2017-S7415C (ACTIVE) - Sponsor Memo

2017-S7415C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7415--C
     Cal. No. 1322
 
                             I N  S E N A T E
 
                             January 16, 2018
                                ___________
 
 Introduced  by Sens. MARCELLINO, HAMILTON, KRUEGER, MARCHIONE, MURPHY --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Judiciary  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered  to  first report, amended on first report, ordered to a
   second report and ordered reprinted, retaining its place in the  order
   of second report
 
 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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