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:

BILL NUMBER:A7502B

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 companion 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 remedies.

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
malfunction, 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
twentieth day after it shall have become a law.
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A07502 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7502--B
                                                               Cal. No. 250

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                      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    S  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    S 2. This act shall take effect on the one hundred twentieth day after
    4  it shall have become a law.
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