NY State Senate Bill 2023-S9019A

Senate Bill S9019A

2023-2024 Legislative Session

Prohibits contracts for the purchase or financing of a dog, cat, or rabbit from including provisions allowing repossession of the animal

download bill text pdf

Current Bill Status - In Assembly Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2024	referred to codes delivered to assembly passed senate
May 21, 2024	amended on third reading 9019a
May 16, 2024	advanced to third reading
May 15, 2024	2nd report cal.
May 14, 2024	1st report cal.1084
Apr 10, 2024	referred to consumer protection

Votes

- May 29, 2024 - Floor Vote
  S9019A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 14, 2024 - Consumer Protection Committee Vote
  S9019A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 14, 2024
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      Weber

Bill Amendments

Original

A (Active)

2023-S9019 - Details

See Assembly Version of this Bill:: A4058
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Amd §753-e, Gen Bus L

2023-S9019 - Summary

Prohibits contracts for the purchase or financing of a dog, cat, or rabbit from including provisions allowing repossession of the animal; provides that such provisions apply to the sale of dogs, cats and rabbits through an online website.

2023-S9019 - Sponsor Memo

                                 
BILL NUMBER: S9019

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
contracts for the purchase or financing of a dog, cat, or rabbit from
including provisions allowing repossession of the animal

 
PURPOSE:

This bill will protect consumers from predatory lease agreements offered
to for the purchasing of pets online.

 
SUMMARY OF PROVISIONS:

Section one amends section 753-e of the general business law.

Section two sets forth the effective date.

 
JUSTIFICATION:

In 2018, New York State enacted a law to prohibit the leasing of dogs
and cats sold in pet stores. These agreements, sometimes referred to as
payment plans, are signed by consumers who have fallen in love with a
puppy or kitten at the pet store, often not realizing that they are
entering into a lease agreement and the pet could be repossessed. Unlike
homes or automobiles, pets are sentient beings that should not be treat-
ed as collateral.

In recent years, more retailers have begun to sell pets online, where
consumers choose a pet based on the online photos and complete the
purchase by paying in full upfront or through a lease agreement.  New
York State has already taken steps to protect consumers from the preda-
tory leasing of pets sold in stores, but we must convey similar
protections for those who purchase a pet online. This legislation will
prohibit online pet retailers from using an animal as a form of collat-
eral and add rabbits to the animals included in current law that may not
be used for collateral.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9019 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9019
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   contracts  for the purchase or financing of a dog, cat, or rabbit from
   including provisions allowing repossession of the animal

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  753-e  of  the general business law, as added by
 chapter 272 of the laws of 2018, is amended to read as follows:
   § 753-e. Prohibited contracts. No contract for the purchase of  a  dog
 [or  a], cat, OR RABBIT, or the financing of such purchase shall include
 any provisions which authorize the use of a dog [or a], cat,  OR  RABBIT
 as  security  where  such dog [or], cat, OR RABBIT may be repossessed by
 the seller or lender contingent on the purchaser making  payments  under
 such contract. Provided, however, nothing in this section shall prohibit
 the purchase of a dog [or], cat, OR RABBIT through an unsecured personal
 loan,  nor  be construed to limit the enforcement of other provisions of
 this article, article [twenty-six-a] 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.  THE PROVISIONS OF THIS  SECTION  SHALL
 APPLY TO THE SALE OF A DOG, CAT, OR RABBIT THROUGH AN ONLINE WEBSITE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02748-03-4

2023-S9019A (ACTIVE) - Details

See Assembly Version of this Bill:: A4058
Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Amd §753-e, Gen Bus L

2023-S9019A (ACTIVE) - Summary

2023-S9019A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9019A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
contracts for the purchase or financing of a dog, cat, or rabbit from
including provisions allowing repossession of the animal

 
PURPOSE:

This bill will protect consumers from predatory lease agreements offered
to for the purchasing of pets online.

 
SUMMARY OF PROVISIONS:

Section one amends section 753-e of the general business law.

Section two sets forth the effective date.

 
JUSTIFICATION:

In 2018, New York State enacted a law to prohibit the leasing of dogs
and cats sold in pet stores. These agreements, sometimes referred to as
payment plans, are signed by consumers who have fallen in love with a
puppy or kitten at the pet store, often not realizing that they are
entering into a lease agreement and the pet could be repossessed. Unlike
homes or automobiles, pets are sentient beings that should not be treat-
ed as collateral.

In recent years, more retailers have begun to sell pets online, where
consumers choose a pet based on the online photos and complete the
purchase by paying in full upfront or through a lease agreement.  New
York State has already taken steps to protect consumers from the preda-
tory leasing of pets sold in stores, but we must convey similar
protections for those who purchase a pet online. This legislation will
prohibit online pet retailers from using an animal as a form of collat-
eral and add rabbits to the animals included in current law that may not
be used for collateral.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9019A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9019--A
     Cal. No. 1084
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT  to  amend  the general business law, in relation to prohibiting
   contracts for the purchase or financing of a dog, cat, or rabbit  from
   including provisions allowing repossession of the animal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 753-e of the general  business  law,  as  added  by
 chapter 272 of the laws of 2018, is amended to read as follows:
   §  753-e.  Prohibited contracts. No contract for the purchase of a dog
 [or a], cat, OR RABBIT, or the financing of such purchase shall  include
 any  provisions  which authorize the use of a dog [or a], cat, OR RABBIT
 as security where such dog [or], cat, OR RABBIT may  be  repossessed  by
 the  seller  or lender contingent on the purchaser making payments under
 such contract. Provided, however, nothing in this section shall prohibit
 the purchase of a dog [or], cat, OR RABBIT through an unsecured personal
 loan, nor be construed to limit the enforcement of other  provisions  of
 this article, article [twenty-six-a] 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.  THE PROVISIONS OF THIS SECTION SHALL
 ALSO APPLY TO THE SALE OF A  DOG,  CAT,  OR  RABBIT  THROUGH  AN  ONLINE
 WEBSITE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02748-05-4

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