H.B. 849
GENERAL ASSEMBLY OF NORTH CAROLINA
May 4, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10407-ML-45
Short Title: End Predatory Pet Leasing. (Public)
Sponsors: Representative Harris.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROHIBIT CERTAIN LEASES, OFFERS TO LEASE, SALES, OR OFFERS TO
3 SELL A LIVING CAT OR DOG FOR PERSONAL, FAMILY, OR HOUSEHOLD USE.
4 Whereas, a practice known as "pet leasing," where a customer enters into a contractual
5 agreement requiring monthly payments in exchange for leasing a pet such as a dog, is on the rise;
6 and
7 Whereas, scrutiny on this process has increased due to customers being misled into
8 entering a pet leasing arrangement instead of a loan arrangement, being charged exorbitant fees,
9 and either (i) not owning the pet at the end of the payment schedule despite paying in excess of
10 the value of the pet or (ii) having the pet repossessed by the financing company upon failure to
11 make a payment in accordance with the terms of the lease; and
12 Whereas, the American Kennel Club "supports a ban on predatory pet leasing
13 schemes," stating that "[l]easing arrangements may allow a financial company to avoid
14 regulatory oversight and consumer protection laws that protect both dogs and dog owners"; and
15 Whereas, three states (Nevada, New York, and California) have enacted laws
16 restricting or prohibiting pet leasing, and three other states (Connecticut, Florida, and Rhode
17 Island) have considered legislation that would restrict or prohibit pet leasing; and
18 Whereas, it is the intent of the General Assembly to protect both pets and pet owners
19 by prohibiting the predatory practice of pet leasing; Now, therefore,
20 The General Assembly of North Carolina enacts:
21 SECTION 1. Chapter 19A of the General Statutes is amended by adding a new
22 Article to read:
23 "Article 7.
24 "Miscellaneous Provisions.
25 "§ 19A-80. Prohibition on certain leases, offers to lease, sales, and offers to sell cats and
26 dogs.
27 (a) Prohibition. – A person shall not lease, offer to lease, sell, or offer to sell any living
28 cat or dog for personal, family, or household use if the lease, offer to lease, sale, or offer to sell
29 includes or is subject to any provision authorizing the use of the living cat or dog as security
30 where the living cat or dog may be repossessed by the seller or lender contingent on the purchaser
31 making payments. For purposes of this section, "cat" means any domestic cat (Felis domistica)
32 and dog means any domestic dog (Canis familiaris).
33 (b) The provisions of subsection (a) of this section shall not apply to any of the following:
34 (1) An agreement to lease a purebred dog that is recorded with a national purebred
35 dog registry for the sole and express purpose of breeding, pursuant to a written
36 agreement that specifies a term of validity.
*DRH10407-ML-45*
 General Assembly Of North Carolina Session 2021
1 (2) An agreement to use a dog or cat in a show, exhibition, or other spectator
2 event, in a motion picture or other audiovisual media, or in another
3 entertainment such as racing events, field trials, or rodeos.
4 (3) An agreement relating to the training or use of a service dog as defined by the
5 Americans with Disability Act, or a dog that is a service animal as defined in
6 G.S. 20-187.4(b).
7 (4) An agreement relating to the training or use of a security dog, police or other
8 law enforcement dog, or military working dog used by a political subdivision
9 of North Carolina or by a business entity. For purposes of this subdivision,
10 "business entity" shall have the meaning set forth in G.S. 55-1-40.
11 (c) Penalty. – A person who violates subsection (a) of this section is guilty of a Class 2
12 misdemeanor.
13 (d) Unfair and Deceptive Trade Practice. – A violation of subsection (a) of this section
14 shall constitute an unfair and deceptive trade practice in violation of G.S. 75-1.1.
15 (e) Nullification and Voiding. – Any provision in a contract or other agreement that
16 violates subsection (a) of this section shall be null and void.
17 (f) Construction. – Nothing in subsection (a) of this section shall be construed to prohibit
18 the purchase of a living cat or dog through an unsecured personal loan."
19 SECTION 2. G.S. 19A-80(d), as enacted by Section 1 of this act, becomes effective
20 December 1, 2021, and applies to contracts or other agreements entered into on or after that date.
21 The remainder of this act becomes effective December 1, 2021, and applies to offenses
22 committed on or after that date.
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