Bill Text: NY A10082 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Moderate Partisan Bill (Democrat 28-9)

Status: (Introduced - Dead) 2018-06-14 - substituted by s7415c [A10082 Detail]

Download: New_York-2017-A10082-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10082
                   IN ASSEMBLY
                                     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:
     1    Section 1. The general business law is amended by adding a new section
     2  753-e to read as follows:
     3    §  753-e.  Prohibited  contracts. No pet dealer licensed and inspected
     4  pursuant to article twenty-six-A of  the  agriculture  and  markets  law
     5  shall  execute  or facilitate the execution of any contract or agreement
     6  deemed void as against public policy and wholly  unenforceable  pursuant
     7  to section 5-336 of the general obligations law.
     8    §  2.  The  general obligations law is amended by adding a new section
     9  5-336 to read as follows:
    10    § 5-336. Pet leasing. 1. Any contract or agreement executed to  trans-
    11  fer  ownership  of a dog or cat whereby ownership is contingent upon the
    12  making of payments over a period of time subsequent to the  transfer  of
    13  possession of such dog or cat shall be void as against public policy and
    14  wholly  unenforceable, provided however, that this subdivision shall not
    15  apply to payments to repay an unsecured loan for the purchase of the dog
    16  or cat.
    17    2. Any contract or agreement executed for the lease of a  dog  or  cat
    18  that provides for or offers the option of transferring ownership of such
    19  dog  or cat at the end of the lease term shall be void as against public
    20  policy and wholly unenforceable.
    21    3. In addition to any other remedy provided by law, any person  taking
    22  possession of a dog or cat transferred to such person under any contract
    23  or  agreement  executed  pursuant  to  subdivisions  one  or two of this
    24  section shall be deemed the owner of such dog or cat and shall  also  be
    25  entitled  to  reimbursement  of all amounts paid by such person for such
    26  dog or cat pursuant to such contract.
    27    § 3. This act shall take effect on the ninetieth day  after  it  shall
    28  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14227-03-8