New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00284 Summary:

A00284 Actions:

A00284 Committee Votes:

Committee:ECONOMIC DEVELOPMENT   Chair:Schimminger      
DATE:03/21/2017AYE/NAY:16/8  Action: Favorable refer to committee Codes        
Schimminger
Nay
Walter
Nay
Gantt
Excused
Butler
Nay
Cahill
Aye
Crouch
Nay
Magnarelli
Aye
McLaughlin
Nay
Jenne
Aye
DiPietro
Nay
Lupardo
Aye
Giglio
Nay
Bronson
Aye
Errigo
Nay
Simanowitz
Aye
Brindisi
Aye
Stirpe
Aye
Barrett
Aye
Skartados
Aye
Davila
Aye
Bichotte
Absent
Jean-Pierre
Aye
Barron
Aye
Hyndman
Aye
Jones
Aye
D'Urso
Aye

Committee:CODES   Chair:Lentol      
DATE:04/04/2017AYE/NAY:20/1  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Absent
Fahy
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/23/2017AYE/NAY:25/8  Action: Favorable         
Farrell
Aye
Oaks
Nay
Lentol
Aye
Crouch
Aye
Schimminger
Nay
Barclay
Nay
Gantt
Aye
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Nay
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Curran
Nay
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Excused
Rozic
Aye

A00284 Floor Votes:

A00284 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         284--C
                                                                 Cal. No. 24
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
          L. ROSENTHAL, MURRAY, ABINANTI, SEAWRIGHT -- Multi-Sponsored by --  M.
          of A. DINOWITZ, PERRY, TITONE -- read once and referred to the Commit-
          tee  on Economic Development -- reported and referred to the Committee
          on Codes -- committee discharged, bill amended, ordered  reprinted  as
          amended  and recommitted to said committee -- ordered to a third read-
          ing, amended and ordered reprinted, retaining its place on  the  order
          of third reading -- again amended on third reading, ordered reprinted,
          retaining its place on the order of third reading
 
        AN  ACT  to amend the general business law, in relation to the registra-
          tion and regulation of pet groomers
 
          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 article
     2  29-CCC to read as follows:
 
     3                               ARTICLE 29-CCC
     4                  REGISTRATION AND REGULATION OF PET GROOMERS
 
     5  Section 539. Definitions.
     6          540. Standard of care.
     7          541. Record keeping.
     8          542. Certificate of registration.
     9          543. Certificate  of registration refusal, suspension or revoca-
    10                 tion.
    11          544. Inspections.
    12          545. Violations.
 
    13    § 539. Definitions. As used in this article, the following terms shall
    14  have the following meanings:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01080-08-8
        A. 284--C                           2
 
     1    1. "Pet" means an animal as defined by  subdivision  five  of  section
     2  three hundred fifty of the agriculture and markets law.
     3    2.  "Registered  pet groomer" means an individual, registered as a pet
     4  groomer who bathes, brushes, dries, clips or styles a pet for  financial
     5  remuneration.
     6    3. "Pet groomer" means an individual, working under the supervision of
     7  a registered pet groomer at the grooming facility.
     8    4.  "Pet  grooming facility" means a business permanently operating in
     9  New York state including mobile and home-based facilities  where  a  pet
    10  may  be  bathed, dried, brushed, clipped or styled, and (i) pet grooming
    11  is the establishment's predominant source of sales, or (ii) pet grooming
    12  services are offered within a retail store.   A  pet  grooming  facility
    13  shall  not  include  any self-service pet grooming facilities, including
    14  but not limited to businesses such as  car  wash  facilities  where  pet
    15  grooming  is  ancillary to the primary business of the facility or busi-
    16  nesses  that  provide  customers  with  pet  grooming  equipment  and/or
    17  supplies  for  customers  to  use  to  groom their own personal pets and
    18  employees at such self-service  pet  grooming  facilities  only  provide
    19  assistance  demonstrating  how to operate equipment properly and safely.
    20  If a  self-service  pet  grooming  facility  also  offers  pet  grooming
    21  services, then such facility shall be considered a pet grooming facility
    22  and a registered pet groomer would be required to be on premises.
    23    § 540. Standard of care. 1. The primary concern of every person regis-
    24  tered  pursuant to this article, and those working under the supervision
    25  of such person, shall be the safety and well-being of the pet  in  their
    26  care.  No pet shall be left restrained or unrestrained while on a groom-
    27  ing table, in a bathing area or in a dryer.  Pets  shall  be  cared  for
    28  according  to  the minimum standards of subdivisions one, two, three and
    29  four of section four hundred one of the agriculture and markets law, and
    30  any other sections of the agriculture and markets law  relating  to  the
    31  care of pets.
    32    2.  Every location where pets are groomed shall display contact infor-
    33  mation for the secretary of state and a copy  of  their  certificate  of
    34  registration as required by section five hundred forty-two of this arti-
    35  cle.
    36    §  541.  Record  keeping.  1. Each pet groomer shall keep and maintain
    37  records regarding each animal cared for and the  owner  thereof.    Such
    38  records  shall  include  the  name,  contact  number, and address of the
    39  owner, the services provided, and the date such services were provided.
    40    2. Records for each animal shall be maintained for a minimum period of
    41  one year from the date of service. During normal  business  hours,  such
    42  records  shall be made available to persons authorized by law to enforce
    43  the provisions of this article.
    44    § 542. Certificate of registration. 1. Any person intending to own  or
    45  operate  a pet grooming business as defined in this article shall hold a
    46  certificate of registration issued by the secretary of state as required
    47  by this article.
    48    2. The secretary of state, in cooperation and  consultation  with  the
    49  department  of  agriculture  and  markets,  shall  establish  a training
    50  program and examination procedure for applicants interested in obtaining
    51  such registration.  The objectives of the training and examination shall
    52  be to ensure the applicants have  sufficient  skills  to  safeguard  the
    53  health  and safety of the animal, and to ensure that the applicants have
    54  attained adequate levels of skill to competently engage in pet grooming.
    55  The training and examination shall be available through  an  educational
    56  course  or  program  approved  by  the department and shall be available
        A. 284--C                           3
 
     1  online or on-site, and shall be held at least quarterly by the state  or
     2  an authority approved by the secretary of state.
     3    3. The secretary of state shall create and maintain a roster of regis-
     4  trants.  Such  record  shall  include disciplinary action, suspension of
     5  registration and revocation.
     6    4. No individual shall be permitted to take an examination for  a  pet
     7  groomer's  registration unless such applicant is at least eighteen years
     8  of age.
     9    5. (a) If the applicant provides the  necessary  business  information
    10  and has completed the training and passed the examination, the secretary
    11  of  state  shall issue such applicant a certificate of registration as a
    12  pet groomer upon payment of a forty dollar annual registration  fee.  At
    13  minimum, each registrant shall provide:
    14    (i) the name of the pet grooming business;
    15    (ii)  the  principal  address,  contact  number,  and names of all the
    16  owners of the business;
    17    (iii) evidence of appropriate training, such as: (1)  having  been  in
    18  the  field  of  pet  grooming  either as an apprentice program or from a
    19  school or institution approved  by  the  department  and  that  provides
    20  instruction  in pet grooming; or (2) has successfully completed a groom-
    21  ing certification course through a professional pet groomers  and  styl-
    22  ists  alliance compliant membership organization in good standing at the
    23  time of completion and such program is approved by the department; and
    24    (iv) any other information that the  department  deems  necessary  and
    25  appropriate.
    26    (b)  Individuals  currently  engaged  in pet grooming on the effective
    27  date of this article may apply for  a  certificate  of  registration  by
    28  providing:
    29    (i)  payment of the same registration fee as required in paragraph (a)
    30  of this subdivision;
    31    (ii) the name of the pet grooming business;
    32    (iii) the principal address, contact number,  and  names  of  all  the
    33  owners of the business;
    34    (iv)  evidence  of  completion  of  a training program approved by the
    35  department; and
    36    (v) any other information that  the  department  deems  necessary  and
    37  appropriate.
    38    (c)  The department shall provide each pet grooming business which has
    39  complied with the registration requirements  as  provided  for  in  this
    40  article with a certificate of registration and an identification card or
    41  certificate,  which  shall  have an identification number and expiration
    42  date.
    43    6. A registered pet groomer may employ individuals, under his  or  her
    44  direct  supervision. A registered pet groomer must be on premises at all
    45  times that a pet is being groomed. The name of the person in  charge  of
    46  any pet grooming facility shall be posted in a conspicuous place in such
    47  facility  and  the  certificate  of registration of such person shall be
    48  prominently displayed.
    49    § 543. Certificate of registration refusal, suspension or  revocation.
    50  1.  The secretary of state may decline to grant or renew, or may suspend
    51  or revoke a pet groomer's certificate of registration for a false state-
    52  ment as to a material matter in the application for such certificate  of
    53  registration,  for  persistent improper record keeping or business prac-
    54  tices, or for a violation of any provision of this law or any law relat-
    55  ing to the humane treatment of animals.
        A. 284--C                           4
 
     1    2. The secretary of state shall conduct a hearing before  revoking  or
     2  suspending  any  certificate of registration or before issuing any order
     3  directing the cessation of unauthorized activities. At  least  ten  days
     4  prior to the date set for the hearing, the holder of such certificate of
     5  registration shall be notified in writing, or the person alleged to have
     6  engaged in unauthorized activities, of any charges made and shall afford
     7  such person an opportunity to be heard in person or by counsel in refer-
     8  ence  hereto.    The  hearing  on such charges shall be at such time and
     9  place as the department shall prescribe. Any pet  grooming  business  or
    10  pet  groomer  whose  certificate  of registration is revoked, denied, or
    11  suspended may reapply after re-taking a training course  and  re-passing
    12  an  examination  as  well as demonstrate to the secretary of state their
    13  ability to provide for the humane and appropriate  care  and  safety  of
    14  pets in their care.
    15    3. Any action of the secretary of state pursuant to this section shall
    16  be subject to judicial review in a proceeding pursuant to article seven-
    17  ty-eight of the civil practice law and rules.
    18    §  544.  Inspections.  The secretary of state or his or her authorized
    19  agents shall be authorized to jointly coordinate with  the  commissioner
    20  of  agriculture  and  markets or his or her authorized agents to inspect
    21  pet grooming facilities to ensure compliance with the provisions of this
    22  article.  Nothing herein shall limit the ability of  the  department  of
    23  agriculture and markets to enforce the provisions of the agriculture and
    24  markets  law  as applicable to such facility.  Authority to conduct such
    25  inspections to enforce the provisions of this article and report thereon
    26  may be delegated by the secretary of state to a municipality.
    27    § 545. Violations. 1. In addition to denial, revocation, suspension or
    28  refusal of renewal  of  a  certificate  of  registration,  as  otherwise
    29  provided  in  this article, any violation of a provision of this article
    30  is a civil offense, for which a penalty of not  less  than  one  hundred
    31  dollars  nor  more  than  five hundred dollars for each violation may be
    32  imposed, provided however for violations not affecting  the  health  and
    33  safety  of a person or a pet at the pet grooming facility, the secretary
    34  of state may allow for a cure period or other opportunity for  ameliora-
    35  tive action, the successful completion of which will prevent the imposi-
    36  tion  of  penalties on the party or parties subject to enforcement.  The
    37  secretary of state shall implement an appeals process  for  such  regis-
    38  tered  pet  groomer  who  wishes  to contest the imposition of a penalty
    39  related to a civil offense.
    40    2. The provisions of this article may be concurrently enforced by  the
    41  secretary  of  state  and  by any municipality to which the secretary of
    42  state has delegated authority.  Moneys  collected  thereunder  shall  be
    43  retained by the local municipality.
    44    3. Nothing in this article shall be construed to limit or restrict any
    45  municipality  with  a population of one million or more from enacting or
    46  enforcing a local law,  rule,  regulation  or  ordinance  governing  pet
    47  groomers,  provided  however, that any such local law, rule, regulation,
    48  or ordinance shall be no less stringent than the  applicable  provisions
    49  of this article.
    50    § 2. This act shall take effect on the one hundred eightieth day after
    51  it shall have become a law; provided, however, that effective immediate-
    52  ly the addition, amendment or repeal of any rule or regulation necessary
    53  for  the implementation of this act on its effective date are authorized
    54  and directed to be made and completed on or before such effective date.