A07502 Summary:

BILL NO    A07502B

SAME AS    SAME AS S05702-A

SPONSOR    Paulin (MS)

COSPNSR    Rosenthal, Maisel, Bronson, Castro, Cook, Lupardo, Miller M, Millman,
           Stevenson, Weprin, Hooper

MLTSPNSR   Camara, Gottfried, McEneny, Thiele, Titone, Weisenberg

Add S353-e, Ag & Mkts L

Prohibits dangerous practices at companion animal grooming facilities; provides
that no heating elements in cage or box dryers shall be turned on; provides
that any violation shall be punishable of a fine between $250-$500.
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A07502 Actions:

BILL NO    A07502B

05/06/2011 referred to agriculture
06/01/2011 amend and recommit to agriculture
06/01/2011 print number 7502a
06/06/2011 reported referred to codes
06/13/2011 reported referred to rules
06/14/2011 reported 
06/14/2011 rules report cal.188
06/14/2011 ordered to third reading rules cal.188
06/14/2011 passed assembly
06/14/2011 delivered to senate
06/14/2011 REFERRED TO RULES
06/23/2011 SUBSTITUTED FOR S5702
06/23/2011 3RD READING CAL.1541
06/24/2011 SUBSTITUTION RECONSIDERED
06/24/2011 RECOMMITTED TO RULES
01/04/2012 DIED IN SENATE
01/04/2012 RETURNED TO ASSEMBLY
01/04/2012 ordered to third reading cal.250
02/14/2012 passed assembly
02/14/2012 delivered to senate
02/14/2012 REFERRED TO AGRICULTURE
03/05/2012 recalled from senate
03/05/2012 RETURNED TO ASSEMBLY
03/05/2012 vote reconsidered - restored to third reading
03/05/2012 amended on third reading 7502b
03/19/2012 repassed assembly
03/19/2012 returned to senate
03/19/2012 RECOMMITTED TO AGRICULTURE
06/13/2012 SUBSTITUTED FOR S5702B
06/13/2012 3RD READING CAL.1059
06/13/2012 PASSED SENATE
06/13/2012 RETURNED TO ASSEMBLY
07/06/2012 delivered to governor
07/18/2012 signed chap.119
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A07502 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7502B
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to prohibiting dangerous practices at companion animal grooming facilities   PURPOSE OR GENERAL IDEA OF BILL: To ban the use of cage and box dryers that contain a heating element, with the heating element turned on for the purpose of drying or aiding in the drying of a companion animal.   SUMMARY OF SPECIFIC PROVISIONS: Section one defines "cage and box dryers" as products that are attached to or near a cage or box for the purpose of drying or aiding in the drying of a companion animal contained in a cage or box, and which is capable of functioning without a person manually holding a dryer. Section one also defines "companion animal grooming facility" as an establishment where a companion animal may be bathed, brushed, clipped or styled for a fee. Subdivision two of section one provides that no person shall use a cage or box dryer which contains a heating element with the heating element turned on for the purpose of drying or aiding in the drying of a compan- ion animal. Subdivision three of section one provides that any violation of this section shall be punishable by a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars for each violation. Subdivision four of section one provides that nothing contained in this section shall limit or abrogate any claim or cause of action any person may have under common law or by statute, and that the provisions of this section shall be in addition to any such common law and statutory reme- dies. Section two provides the effective date.   JUSTIFICATION: Cage and box dryers with heating elements have been responsible for injury to and death of animals at grooming facilities. Lack of proper monitoring of the animals, lack of proper functioning of the product and lack of proper use of the product are all reasons for the resulting tragedies. When groomers are responsible for several animals at a time, each individual animal may not get monitored at all times. Thus if an animal is overheating in a cage due to a cage/box dryer, an inattentive, distracted or busy groomer may fail and has failed to prevent injury and death. Timers on the dryers may malfunc- tion, and even when they do not malfunction, the heat may be too much for a given animal. Left unattended, the result can be and has been injury and death. *Below is a summary of some of the tragic incidents that have been reported involving the use of cage and box dryers: Sushi, a two year old Labrador retriever, after being left in a cage dryer at a NYC boarding facility, was found unconscious. Sushi was pronounced dead at a veterinary hospital. Riva, a Greyhound rescued from a racetrack, was left at a grooming facility. When her guardians returned, Riva was shaking, panting, and unable to stand. She had been in a cage dryer. Her temperature was 108.7 degrees. According to veterinary records, Riva died from heat stroke. Bailey, a two year old Puggle (Pug/Beagle mix), was dropped off at a grooming facility. Bailey became unresponsive and died after being in a drying cage. Miles, a toy poodle, died after being left unattended in a cage dryer at a grooming facility. Bo, a six year old Shih Tzu, died after being left in a groomer's drying cage. Bo's father, Duke-, had been in the same cage for an hour. Duke recovered after being treated for heat exhaustion. *not all examples are from NY This legislation, which bans the use of cage/box dryer heating elements, should reduce injury to and death of animals at grooming facilities. In doing so, it will also reduce the heartbreak suffered by the animals' guardians when the animals are injured or killed by the use of these dryers. While the use of manual dryers necessitating a person holding a dryer and/or the use of cage/box dryers without a heating element may increase drying time, it will better ensure the health and safety of companion animals and safeguard animal guardians from unnecessary hardship.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATION: None.   EFFECTIVE DATE: This act shall take effect on the one hundred twenti- eth day after it shall have become a law.
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A07502 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7502--B
                                                                Cal. No. 250
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2011
                                       ___________
 
        Introduced by M. of A. PAULIN, ROSENTHAL, MAISEL, BRONSON, CASTRO, COOK,
          LUPARDO,  M. MILLER, MILLMAN, STEVENSON, WEPRIN, HOOPER -- Multi-Spon-
          sored by -- M. of A. CAMARA, GOTTFRIED, McENENY, THIELE, TITONE, WEIS-
          ENBERG -- read once and referred to the Committee  on  Agriculture  --

          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- passed by Assembly and  delivered  to
          the Senate, recalled from the Senate, vote reconsidered, bill amended,
          ordered  reprinted,  retaining its place on the special order of third
          reading
 
        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting dangerous practices at companion animal grooming facilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 353-e to read as follows:
     3    §  353-e.  Companion animal grooming facilities; prohibited practices.
     4  1. As used in this section:

     5    (a) "Cage and box dryer" means a product that is attached to or near a
     6  cage or box for the purpose of drying or  aiding  in  the  drying  of  a
     7  companion  animal  contained  in  a cage or box, and which is capable of
     8  functioning without a person manually holding a dryer.
     9    (b) "Companion animal grooming facility" means an establishment  where
    10  a companion animal may be bathed, brushed, clipped or styled for a fee.
    11    2.  No  person  shall use a cage or box dryer which contains a heating
    12  element with the heating element turned on for the purpose of drying  or
    13  aiding in the drying of a companion animal.
    14    3. Any violation of this section shall be punishable by a civil penal-
    15  ty of not less than two hundred fifty dollars nor more than five hundred

    16  dollars for each violation.
    17    4. Nothing contained in this section shall limit or abrogate any claim
    18  or  cause  of action any person may have under common law or by statute.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10209-07-2

        A. 7502--B                          2
 
     1  The provisions of this section shall be in addition to any  such  common
     2  law and statutory remedies.
     3    § 2. This act shall take effect on the one hundred twentieth day after
     4  it shall have become a law.
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