NY State Assembly Bill 2017-A284C

Assembly Bill A284C

2017-2018 Legislative Session

Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2018	amended on third reading (t) 284c
Jan 09, 2018	amended on third reading 284b
Jan 03, 2018	ordered to third reading cal.24 returned to assembly died in senate
Jun 20, 2017	referred to rules delivered to senate passed assembly
May 25, 2017	advanced to third reading cal.480
May 23, 2017	reported
Apr 04, 2017	reported referred to ways and means
Mar 23, 2017	print number 284a
Mar 23, 2017	amend and recommit to codes
Mar 21, 2017	reported referred to codes
Jan 05, 2017	referred to economic development

Bill Amendments

Original

C (Active)

co-Sponsors

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multi-Sponsors

2017-A284 - Details

See Senate Version of this Bill:: S5146
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 545, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2015-2016: A1451, S5098
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2017-A284 - Summary

Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing; provides such applicant must be at least eighteen years of age.

2017-A284 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    284
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
   ROSENTHAL, MURRAY, ABINANTI, SEAWRIGHT -- Multi-Sponsored by -- M.  of
   A.  DINOWITZ,  PERRY,  SALADINO,  SKARTADOS,  TITONE  -- read once and
   referred to the Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to  the  licensing
   and regulation of pet groomers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                  LICENSING AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. LICENSES.
         543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
         544. INSPECTIONS.
         545. VIOLATIONS.
         546. CURRENT PRACTITIONERS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "PET" MEANS AN ANIMAL AS DEFINED BY  SUBDIVISION  FIVE  OF  SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   2.  "LICENSED  PET  GROOMER"  MEANS  AN  INDIVIDUAL, LICENSED AS A PET
 GROOMER WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL  REMUN-
 ERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01080-01-7

 A. 284                              2
 
   3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
 A LICENSED PET GROOMER AT THE GROOMING FACILITY.
   4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
 TY  WHERE  A  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED, AND (I) PET
 GROOMING IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET
 GROOMING SERVICES ARE OFFERED WITHIN A RETAIL STORE.
   § 540. STANDARD OF CARE.  1.  THE  PRIMARY  CONCERN  OF  EVERY  PERSON
 LICENSED  PURSUANT  TO  THIS ARTICLE, AND THOSE WORKING UNDER THE SUPER-
 VISION OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET  IN
 THEIR  CARE.  PETS  SHALL  NOT  BE LEFT UNATTENDED WHILE AT THE GROOMING
 FACILITY. IN THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL  BE  KEPT
 IN  A  STRUCTURALLY SOUND, CLEAN CAGE. PETS SHALL BE CARED FOR ACCORDING
 TO THE MINIMUM STANDARDS OF SUBDIVISIONS ONE, TWO,  THREE  AND  FOUR  OF
 SECTION  FOUR  HUNDRED  ONE  OF THE AGRICULTURE AND MARKETS LAW, AND ANY
 OTHER SECTIONS OF THE AGRICULTURE AND MARKETS LAW RELATING TO  THE  CARE
 OF PETS.
   2.  EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT INFOR-
 MATION FOR THE SECRETARY OF STATE.
   § 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
 RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
 RECORDS SHALL INCLUDE THE NAME AND ADDRESS OF THE  OWNER,  THE  SERVICES
 PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE  YEAR  FROM  THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
 RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  542.  LICENSES.  1.  ANY  PERSON  INTENDING TO OWN OR OPERATE A PET
 GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
 BY THE SECRETARY OF STATE.
   2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
 DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A TRAINING
 PROGRAM AND TESTING PROCEDURE FOR  APPLICANTS  INTERESTED  IN  OBTAINING
 SUCH  LICENSE.   THE OBJECTIVES OF THE TRAINING AND EXAMINATION SHALL BE
 TO ENSURE THE APPLICANTS HAVE SUFFICIENT SKILLS TO SAFEGUARD THE  HEALTH
 AND  SAFETY  OF  THE  ANIMAL,  AND  TO  ENSURE  THAT THE APPLICANTS HAVE
 ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
 THE PROGRAM SHALL BE AVAILABLE BOTH ONLINE AND  ON-SITE,  AND  SHALL  BE
 HELD  AT  LEAST  QUARTERLY  BY THE STATE OR AN AUTHORITY APPROVED BY THE
 SECRETARY OF STATE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
 SEES. SUCH RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION,  SUSPENSION  OF
 LICENSE AND REVOCATION.
   4.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
 GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT  LEAST  SIXTEEN  YEARS  OF
 AGE.
   5.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
 THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
 ISSUE  SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A FORTY
 DOLLAR ANNUAL REGISTRATION FEE.
   6. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS,  UNDER  HIS  OR  HER
 DIRECT  SUPERVISION.  A  LICENSED PET GROOMER MUST BE ON PREMISES AT ALL
 TIMES. THE NAME OF THE PERSON IN CHARGE OF  ANY  PET  GROOMING  FACILITY
 SHALL  BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE LICENSE
 OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   § 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY  OF
 STATE  MAY  DECLINE  TO  GRANT  OR RENEW, OR MAY SUSPEND OR REVOKE A PET

 A. 284                              3

 GROOMER'S LICENSE FOR A FALSE STATEMENT AS TO A MATERIAL MATTER  IN  THE
 APPLICATION  FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING OR
 BUSINESS PRACTICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS  LAW  OR
 ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
   2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
 SUSPENDING ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE  CESSA-
 TION  OF  UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
 FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED  IN  WRIT-
 ING,  OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES, OF
 ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
 IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
 ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 544. INSPECTIONS. THE SECRETARY OF STATE OR HIS  OR  HER  AUTHORIZED
 AGENTS  SHALL  BE AUTHORIZED TO JOINTLY COORDINATE WITH THE COMMISSIONER
 OF AGRICULTURE AND MARKETS OR HIS OR HER AUTHORIZED  AGENTS  TO  INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE.    NOTHING  HEREIN SHALL LIMIT THE ABILITY OF THE DEPARTMENT OF
 AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
 MARKETS LAW AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO  CONDUCT  SUCH
 INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
 MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
 ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
 WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER  FOR
 VIOLATIONS  NOT  AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A PET AT
 THE PET GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR  A  CURE
 PERIOD  OR  OTHER  OPPORTUNITY  FOR  AMELIORATIVE ACTION, THE SUCCESSFUL
 COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
 PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
 IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMER WHO WISHES TO
 CONTEST THE IMPOSITION OF A PENALTY RELATED TO A CIVIL OFFENSE.
   2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
 SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
 STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
 ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
 GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
 OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
 OF THIS ARTICLE.
   §  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
 THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
 YEAR FROM THE TIME REGULATIONS ARE  FINALIZED,  BUT  MUST,  WITHIN  SAID
 YEAR,  MAKE  APPLICATION  FOR  A LICENSE AS PROVIDED IN THIS ARTICLE AND
 WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THEREAFTER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided, however, that effective immediately the
 addition, amendment or repeal of any rule or  regulation  necessary  for
 the  implementation of this act on its effective date are authorized and
 directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2017-A284A - Details

See Senate Version of this Bill:: S5146
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 545, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2015-2016: A1451, S5098
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2017-A284A - Summary

Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing; provides such applicant must be at least eighteen years of age.

2017-A284A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
   ROSENTHAL, MURRAY, ABINANTI, SEAWRIGHT -- Multi-Sponsored by -- M.  of
   A. DINOWITZ, PERRY, SKARTADOS, TITONE -- read once and referred to the
   Committee  on  Economic  Development  --  reported and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the general business law, in relation to the licensing
   and regulation of pet groomers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                  LICENSING AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. LICENSES.
         543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
         544. INSPECTIONS.
         545. VIOLATIONS.
         546. CURRENT PRACTITIONERS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PET"  MEANS  AN  ANIMAL AS DEFINED BY SUBDIVISION FIVE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01080-02-7

 A. 284--A                           2
 
   2. "LICENSED PET GROOMER" MEANS  AN  INDIVIDUAL,  LICENSED  AS  A  PET
 GROOMER  WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUN-
 ERATION.
   3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
 A LICENSED PET GROOMER AT THE GROOMING FACILITY.
   4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
 TY  WHERE  A  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED, AND (I) PET
 GROOMING IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET
 GROOMING SERVICES ARE OFFERED WITHIN A RETAIL STORE.    A  PET  GROOMING
 FACILITY  SHALL  NOT  INCLUDE  ANY SELF-SERVICE PET GROOMING FACILITIES,
 INCLUDING BUT NOT LIMITED TO BUSINESSES  SUCH  AS  CAR  WASH  FACILITIES
 WHERE  PET GROOMING IS ANCILLARY TO THE PRIMARY BUSINESS OF THE FACILITY
 OR BUSINESSES THAT PROVIDE CUSTOMERS WITH PET GROOMING EQUIPMENT  AND/OR
 SUPPLIES  FOR  CUSTOMERS  TO  USE  TO  GROOM THEIR OWN PERSONAL PETS AND
 EMPLOYEES AT SUCH SELF-SERVICE  PET  GROOMING  FACILITIES  ONLY  PROVIDE
 ASSISTANCE  DEMONSTRATING  HOW TO OPERATE EQUIPMENT PROPERLY AND SAFELY.
 IF A  SELF-SERVICE  PET  GROOMING  FACILITY  ALSO  OFFERS  PET  GROOMING
 SERVICES, THEN SUCH FACILITY SHALL BE CONSIDERED A PET GROOMING FACILITY
 AND A LICENSED PET GROOMER WOULD BE REQUIRED TO BE ON PREMISES.
   §  540.  STANDARD  OF  CARE.  1.  THE  PRIMARY CONCERN OF EVERY PERSON
 LICENSED PURSUANT TO THIS ARTICLE, AND THOSE WORKING  UNDER  THE  SUPER-
 VISION  OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET IN
 THEIR CARE. PETS SHALL NOT BE LEFT  UNATTENDED  WHILE  AT  THE  GROOMING
 FACILITY.  IN  THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL BE KEPT
 IN A STRUCTURALLY SOUND, CLEAN CAGE. PETS SHALL BE CARED  FOR  ACCORDING
 TO  THE  MINIMUM  STANDARDS  OF SUBDIVISIONS ONE, TWO, THREE AND FOUR OF
 SECTION FOUR HUNDRED ONE OF THE AGRICULTURE AND  MARKETS  LAW,  AND  ANY
 OTHER  SECTIONS  OF THE AGRICULTURE AND MARKETS LAW RELATING TO THE CARE
 OF PETS.
   2. EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT  INFOR-
 MATION FOR THE SECRETARY OF STATE.
   §  541.  RECORD  KEEPING.  1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
 RECORDS REGARDING EACH ANIMAL CARED FOR AND THE  OWNER  THEREOF.    SUCH
 RECORDS  SHALL  INCLUDE  THE NAME AND ADDRESS OF THE OWNER, THE SERVICES
 PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE YEAR FROM THE DATE OF SERVICE. DURING NORMAL  BUSINESS  HOURS,  SUCH
 RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 542. LICENSES. 1. ANY PERSON INTENDING  TO  OWN  OR  OPERATE  A  PET
 GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
 BY THE SECRETARY OF STATE.
   2.  THE  SECRETARY  OF STATE, IN COOPERATION AND CONSULTATION WITH THE
 DEPARTMENT OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A  TRAINING
 PROGRAM  AND  TESTING  PROCEDURE  FOR APPLICANTS INTERESTED IN OBTAINING
 SUCH LICENSE.  THE OBJECTIVES OF THE TRAINING AND EXAMINATION  SHALL  BE
 TO  ENSURE THE APPLICANTS HAVE SUFFICIENT SKILLS TO SAFEGUARD THE HEALTH
 AND SAFETY OF THE  ANIMAL,  AND  TO  ENSURE  THAT  THE  APPLICANTS  HAVE
 ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
 THE  PROGRAM  SHALL  BE  AVAILABLE BOTH ONLINE AND ON-SITE, AND SHALL BE
 HELD AT LEAST QUARTERLY BY THE STATE OR AN  AUTHORITY  APPROVED  BY  THE
 SECRETARY OF STATE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
 SEES.  SUCH  RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION, SUSPENSION OF
 LICENSE AND REVOCATION.

 A. 284--A                           3

   4. NO INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR  A  PET
 GROOMER'S  LICENSE  UNLESS  SUCH  APPLICANT IS AT LEAST SIXTEEN YEARS OF
 AGE.
   5.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
 THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
 ISSUE  SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A FORTY
 DOLLAR ANNUAL REGISTRATION FEE.
   6. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS,  UNDER  HIS  OR  HER
 DIRECT  SUPERVISION.  A  LICENSED PET GROOMER MUST BE ON PREMISES AT ALL
 TIMES. THE NAME OF THE PERSON IN CHARGE OF  ANY  PET  GROOMING  FACILITY
 SHALL  BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE LICENSE
 OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   § 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY  OF
 STATE  MAY  DECLINE  TO  GRANT  OR RENEW, OR MAY SUSPEND OR REVOKE A PET
 GROOMER'S LICENSE FOR A FALSE STATEMENT AS TO A MATERIAL MATTER  IN  THE
 APPLICATION  FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING OR
 BUSINESS PRACTICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS  LAW  OR
 ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
   2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
 SUSPENDING ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE  CESSA-
 TION  OF  UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
 FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED  IN  WRIT-
 ING,  OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES, OF
 ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
 IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
 ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 544. INSPECTIONS. THE SECRETARY OF STATE OR HIS  OR  HER  AUTHORIZED
 AGENTS  SHALL  BE AUTHORIZED TO JOINTLY COORDINATE WITH THE COMMISSIONER
 OF AGRICULTURE AND MARKETS OR HIS OR HER AUTHORIZED  AGENTS  TO  INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE.    NOTHING  HEREIN SHALL LIMIT THE ABILITY OF THE DEPARTMENT OF
 AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
 MARKETS LAW AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO  CONDUCT  SUCH
 INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
 MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
 ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
 WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER  FOR
 VIOLATIONS  NOT  AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A PET AT
 THE PET GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR  A  CURE
 PERIOD  OR  OTHER  OPPORTUNITY  FOR  AMELIORATIVE ACTION, THE SUCCESSFUL
 COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
 PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
 IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMER WHO WISHES TO
 CONTEST THE IMPOSITION OF A PENALTY RELATED TO A CIVIL OFFENSE.
   2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
 SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
 STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR

 A. 284--A                           4
 
 ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
 GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
 OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
 OF THIS ARTICLE.
   §  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
 THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
 YEAR FROM THE TIME REGULATIONS ARE  FINALIZED,  BUT  MUST,  WITHIN  SAID
 YEAR,  MAKE  APPLICATION  FOR  A LICENSE AS PROVIDED IN THIS ARTICLE AND
 WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THEREAFTER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided, however, that effective immediately the
 addition, amendment or repeal of any rule or  regulation  necessary  for
 the  implementation of this act on its effective date are authorized and
 directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2017-A284B - Details

See Senate Version of this Bill:: S5146
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 545, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2015-2016: A1451, S5098
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2017-A284B - Summary

Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing; provides such applicant must be at least eighteen years of age.

2017-A284B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--B
                                                          Cal. No. 24
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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, SKARTADOS, TITONE -- read once and referred to
   the Committee 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 reading, amended and ordered reprinted, retaining its  place  on
   the order of third reading
 
 AN  ACT  to amend the general business law, in relation to the licensing
   and regulation of pet groomers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                  LICENSING AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. LICENSES.
         543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
         544. INSPECTIONS.
         545. VIOLATIONS.
         546. CURRENT PRACTITIONERS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PET"  MEANS  AN  ANIMAL AS DEFINED BY SUBDIVISION FIVE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01080-04-8

 A. 284--B                           2

   2. "LICENSED PET GROOMER" MEANS  AN  INDIVIDUAL,  LICENSED  AS  A  PET
 GROOMER  WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUN-
 ERATION.
   3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
 A LICENSED PET GROOMER AT THE GROOMING FACILITY.
   4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
 TY  WHERE  A  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED, AND (I) PET
 GROOMING IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET
 GROOMING SERVICES ARE OFFERED WITHIN A RETAIL STORE.    A  PET  GROOMING
 FACILITY  SHALL  NOT  INCLUDE  ANY SELF-SERVICE PET GROOMING FACILITIES,
 INCLUDING BUT NOT LIMITED TO BUSINESSES  SUCH  AS  CAR  WASH  FACILITIES
 WHERE  PET GROOMING IS ANCILLARY TO THE PRIMARY BUSINESS OF THE FACILITY
 OR BUSINESSES THAT PROVIDE CUSTOMERS WITH PET GROOMING EQUIPMENT  AND/OR
 SUPPLIES  FOR  CUSTOMERS  TO  USE  TO  GROOM THEIR OWN PERSONAL PETS AND
 EMPLOYEES AT SUCH SELF-SERVICE  PET  GROOMING  FACILITIES  ONLY  PROVIDE
 ASSISTANCE  DEMONSTRATING  HOW TO OPERATE EQUIPMENT PROPERLY AND SAFELY.
 IF A  SELF-SERVICE  PET  GROOMING  FACILITY  ALSO  OFFERS  PET  GROOMING
 SERVICES, THEN SUCH FACILITY SHALL BE CONSIDERED A PET GROOMING FACILITY
 AND A LICENSED PET GROOMER WOULD BE REQUIRED TO BE ON PREMISES.
   §  540.  STANDARD  OF  CARE.  1.  THE  PRIMARY CONCERN OF EVERY PERSON
 LICENSED PURSUANT TO THIS ARTICLE, AND THOSE WORKING  UNDER  THE  SUPER-
 VISION  OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET IN
 THEIR CARE.  PETS SHALL BE CARED FOR ACCORDING TO THE MINIMUM  STANDARDS
 OF  SUBDIVISIONS ONE, TWO, THREE AND FOUR OF SECTION FOUR HUNDRED ONE OF
 THE AGRICULTURE AND MARKETS LAW, AND ANY OTHER SECTIONS OF THE  AGRICUL-
 TURE AND MARKETS LAW RELATING TO THE CARE OF PETS.
   2.  EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT INFOR-
 MATION FOR THE SECRETARY OF STATE.
   § 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
 RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
 RECORDS SHALL INCLUDE THE NAME AND ADDRESS OF THE  OWNER,  THE  SERVICES
 PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE  YEAR  FROM  THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
 RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  542.  LICENSES.  1.  ANY  PERSON  INTENDING TO OWN OR OPERATE A PET
 GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
 BY THE SECRETARY OF STATE.
   2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
 DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A TRAINING
 PROGRAM AND TESTING PROCEDURE FOR  APPLICANTS  INTERESTED  IN  OBTAINING
 SUCH  LICENSE.   THE OBJECTIVES OF THE TRAINING AND EXAMINATION SHALL BE
 TO ENSURE THE APPLICANTS HAVE SUFFICIENT SKILLS TO SAFEGUARD THE  HEALTH
 AND  SAFETY  OF  THE  ANIMAL,  AND  TO  ENSURE  THAT THE APPLICANTS HAVE
 ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
 THE PROGRAM SHALL BE AVAILABLE BOTH ONLINE AND  ON-SITE,  AND  SHALL  BE
 HELD  AT  LEAST  QUARTERLY  BY THE STATE OR AN AUTHORITY APPROVED BY THE
 SECRETARY OF STATE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
 SEES. SUCH RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION,  SUSPENSION  OF
 LICENSE AND REVOCATION.
   4.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
 GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT  LEAST  SIXTEEN  YEARS  OF
 AGE.

 A. 284--B                           3
 
   5.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
 THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
 ISSUE  SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A FORTY
 DOLLAR ANNUAL REGISTRATION FEE.
   6.  A  LICENSED  PET  GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
 DIRECT SUPERVISION. A LICENSED PET GROOMER MUST BE ON  PREMISES  AT  ALL
 TIMES.  THE  NAME  OF  THE PERSON IN CHARGE OF ANY PET GROOMING FACILITY
 SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE  LICENSE
 OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   §  543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY OF
 STATE MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR  REVOKE  A  PET
 GROOMER'S  LICENSE  FOR A FALSE STATEMENT AS TO A MATERIAL MATTER IN THE
 APPLICATION FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING  OR
 BUSINESS  PRACTICES,  OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR
 ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
   2. THE SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE  REVOKING  OR
 SUSPENDING  ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE CESSA-
 TION OF UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE  DATE  SET
 FOR  THE  HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED IN WRIT-
 ING, OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES,  OF
 ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
 IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
 ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   §  544.  INSPECTIONS.  THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
 AGENTS SHALL BE AUTHORIZED TO JOINTLY COORDINATE WITH  THE  COMMISSIONER
 OF  AGRICULTURE  AND  MARKETS OR HIS OR HER AUTHORIZED AGENTS TO INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE.  NOTHING HEREIN SHALL LIMIT THE ABILITY OF  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
 MARKETS  LAW  AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO CONDUCT SUCH
 INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
 MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS  ARTICLE,
 ANY  VIOLATION  OF  A  PROVISION OF THIS ARTICLE IS A CIVIL OFFENSE, FOR
 WHICH A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN  FIVE
 HUNDRED  DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER FOR
 VIOLATIONS NOT AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A  PET  AT
 THE  PET  GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR A CURE
 PERIOD OR OTHER OPPORTUNITY  FOR  AMELIORATIVE  ACTION,  THE  SUCCESSFUL
 COMPLETION  OF  WHICH  WILL  PREVENT  THE IMPOSITION OF PENALTIES ON THE
 PARTY OR PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF  STATE  SHALL
 IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMER WHO WISHES TO
 CONTEST THE IMPOSITION OF A PENALTY RELATED TO A CIVIL OFFENSE.
   2.  THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY THE
 SECRETARY OF STATE AND BY ANY MUNICIPALITY TO  WHICH  THE  SECRETARY  OF
 STATE  HAS  DELEGATED  AUTHORITY.  MONEYS  COLLECTED THEREUNDER SHALL BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY WITH A POPULATION OF ONE MILLION OR MORE FROM  ENACTING  OR
 ENFORCING  A  LOCAL  LAW,  RULE,  REGULATION  OR ORDINANCE GOVERNING PET
 GROOMERS, PROVIDED HOWEVER, THAT ANY SUCH LOCAL LAW,  RULE,  REGULATION,

 A. 284--B                           4
 
 OR  ORDINANCE  SHALL BE NO LESS STRINGENT THAN THE APPLICABLE PROVISIONS
 OF THIS ARTICLE.
   §  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
 THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
 YEAR FROM THE TIME REGULATIONS ARE  FINALIZED,  BUT  MUST,  WITHIN  SAID
 YEAR,  MAKE  APPLICATION  FOR  A LICENSE AS PROVIDED IN THIS ARTICLE AND
 WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THEREAFTER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided, however, that effective immediately the
 addition, amendment or repeal of any rule or  regulation  necessary  for
 the  implementation of this act on its effective date are authorized and
 directed to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2017-A284C (ACTIVE) - Details

See Senate Version of this Bill:: S5146
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 545, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2015-2016: A1451, S5098
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2017-A284C (ACTIVE) - Summary

Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing; provides such applicant must be at least eighteen years of age.

2017-A284C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  284--C
                                                          Cal. No. 24
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                 REGISTRATION AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. CERTIFICATE OF REGISTRATION.
         543. CERTIFICATE  OF REGISTRATION REFUSAL, SUSPENSION OR REVOCA-
                TION.
         544. INSPECTIONS.
         545. VIOLATIONS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 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. "PET" MEANS AN ANIMAL AS DEFINED BY  SUBDIVISION  FIVE  OF  SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   2.  "REGISTERED  PET GROOMER" MEANS AN INDIVIDUAL, REGISTERED AS A PET
 GROOMER WHO BATHES, BRUSHES, DRIES, CLIPS OR STYLES A PET FOR  FINANCIAL
 REMUNERATION.
   3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
 A REGISTERED PET GROOMER AT THE GROOMING FACILITY.
   4.  "PET  GROOMING FACILITY" MEANS A BUSINESS PERMANENTLY OPERATING IN
 NEW YORK STATE INCLUDING MOBILE AND HOME-BASED FACILITIES  WHERE  A  PET
 MAY  BE  BATHED, DRIED, BRUSHED, CLIPPED OR STYLED, AND (I) PET GROOMING
 IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET GROOMING
 SERVICES ARE OFFERED WITHIN A RETAIL STORE.   A  PET  GROOMING  FACILITY
 SHALL  NOT  INCLUDE  ANY SELF-SERVICE PET GROOMING FACILITIES, INCLUDING
 BUT NOT LIMITED TO BUSINESSES SUCH AS  CAR  WASH  FACILITIES  WHERE  PET
 GROOMING  IS  ANCILLARY TO THE PRIMARY BUSINESS OF THE FACILITY OR BUSI-
 NESSES  THAT  PROVIDE  CUSTOMERS  WITH  PET  GROOMING  EQUIPMENT  AND/OR
 SUPPLIES  FOR  CUSTOMERS  TO  USE  TO  GROOM THEIR OWN PERSONAL PETS AND
 EMPLOYEES AT SUCH SELF-SERVICE  PET  GROOMING  FACILITIES  ONLY  PROVIDE
 ASSISTANCE  DEMONSTRATING  HOW TO OPERATE EQUIPMENT PROPERLY AND SAFELY.
 IF A  SELF-SERVICE  PET  GROOMING  FACILITY  ALSO  OFFERS  PET  GROOMING
 SERVICES, THEN SUCH FACILITY SHALL BE CONSIDERED A PET GROOMING FACILITY
 AND A REGISTERED PET GROOMER WOULD BE REQUIRED TO BE ON PREMISES.
   § 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON REGIS-
 TERED  PURSUANT TO THIS ARTICLE, AND THOSE WORKING UNDER THE SUPERVISION
 OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET  IN  THEIR
 CARE.  NO PET SHALL BE LEFT RESTRAINED OR UNRESTRAINED WHILE ON A GROOM-
 ING TABLE, IN A BATHING AREA OR IN A DRYER.  PETS  SHALL  BE  CARED  FOR
 ACCORDING  TO  THE MINIMUM STANDARDS OF SUBDIVISIONS ONE, TWO, THREE AND
 FOUR OF SECTION FOUR HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, AND
 ANY OTHER SECTIONS OF THE AGRICULTURE AND MARKETS LAW  RELATING  TO  THE
 CARE OF PETS.
   2.  EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT INFOR-
 MATION FOR THE SECRETARY OF STATE AND A COPY  OF  THEIR  CERTIFICATE  OF
 REGISTRATION AS REQUIRED BY SECTION FIVE HUNDRED FORTY-TWO OF THIS ARTI-
 CLE.
   §  541.  RECORD  KEEPING.  1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
 RECORDS REGARDING EACH ANIMAL CARED FOR AND THE  OWNER  THEREOF.    SUCH
 RECORDS  SHALL  INCLUDE  THE  NAME,  CONTACT  NUMBER, AND ADDRESS OF THE
 OWNER, THE SERVICES PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE YEAR FROM THE DATE OF SERVICE. DURING NORMAL  BUSINESS  HOURS,  SUCH
 RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 542. CERTIFICATE OF REGISTRATION. 1. ANY PERSON INTENDING TO OWN  OR
 OPERATE  A PET GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A
 CERTIFICATE OF REGISTRATION ISSUED BY THE SECRETARY OF STATE AS REQUIRED
 BY THIS ARTICLE.
   2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
 DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A TRAINING
 PROGRAM AND EXAMINATION PROCEDURE FOR APPLICANTS INTERESTED IN OBTAINING
 SUCH REGISTRATION.  THE OBJECTIVES OF THE TRAINING AND EXAMINATION SHALL
 BE TO ENSURE THE APPLICANTS HAVE  SUFFICIENT  SKILLS  TO  SAFEGUARD  THE
 HEALTH  AND SAFETY OF THE ANIMAL, AND TO ENSURE THAT THE APPLICANTS HAVE
 ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
 THE TRAINING AND EXAMINATION SHALL BE AVAILABLE THROUGH  AN  EDUCATIONAL
 COURSE  OR  PROGRAM  APPROVED  BY  THE DEPARTMENT AND SHALL BE AVAILABLE

 A. 284--C                           3
 
 ONLINE OR ON-SITE, AND SHALL BE HELD AT LEAST QUARTERLY BY THE STATE  OR
 AN AUTHORITY APPROVED BY THE SECRETARY OF STATE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF REGIS-
 TRANTS.  SUCH  RECORD  SHALL  INCLUDE DISCIPLINARY ACTION, SUSPENSION OF
 REGISTRATION AND REVOCATION.
   4. NO INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR  A  PET
 GROOMER'S  REGISTRATION UNLESS SUCH APPLICANT IS AT LEAST EIGHTEEN YEARS
 OF AGE.
   5. (A) IF THE APPLICANT PROVIDES THE  NECESSARY  BUSINESS  INFORMATION
 AND HAS COMPLETED THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY
 OF  STATE  SHALL ISSUE SUCH APPLICANT A CERTIFICATE OF REGISTRATION AS A
 PET GROOMER UPON PAYMENT OF A FORTY DOLLAR ANNUAL REGISTRATION  FEE.  AT
 MINIMUM, EACH REGISTRANT SHALL PROVIDE:
   (I) THE NAME OF THE PET GROOMING BUSINESS;
   (II)  THE  PRINCIPAL  ADDRESS,  CONTACT  NUMBER,  AND NAMES OF ALL THE
 OWNERS OF THE BUSINESS;
   (III) EVIDENCE OF APPROPRIATE TRAINING, SUCH AS: (1)  HAVING  BEEN  IN
 THE  FIELD  OF  PET  GROOMING  EITHER AS AN APPRENTICE PROGRAM OR FROM A
 SCHOOL OR INSTITUTION APPROVED  BY  THE  DEPARTMENT  AND  THAT  PROVIDES
 INSTRUCTION  IN PET GROOMING; OR (2) HAS SUCCESSFULLY COMPLETED A GROOM-
 ING CERTIFICATION COURSE THROUGH A PROFESSIONAL PET GROOMERS  AND  STYL-
 ISTS  ALLIANCE COMPLIANT MEMBERSHIP ORGANIZATION IN GOOD STANDING AT THE
 TIME OF COMPLETION AND SUCH PROGRAM IS APPROVED BY THE DEPARTMENT; AND
   (IV) ANY OTHER INFORMATION THAT THE  DEPARTMENT  DEEMS  NECESSARY  AND
 APPROPRIATE.
   (B)  INDIVIDUALS  CURRENTLY  ENGAGED  IN PET GROOMING ON THE EFFECTIVE
 DATE OF THIS ARTICLE MAY APPLY FOR  A  CERTIFICATE  OF  REGISTRATION  BY
 PROVIDING:
   (I)  PAYMENT OF THE SAME REGISTRATION FEE AS REQUIRED IN PARAGRAPH (A)
 OF THIS SUBDIVISION;
   (II) THE NAME OF THE PET GROOMING BUSINESS;
   (III) THE PRINCIPAL ADDRESS, CONTACT NUMBER,  AND  NAMES  OF  ALL  THE
 OWNERS OF THE BUSINESS;
   (IV)  EVIDENCE  OF  COMPLETION  OF  A TRAINING PROGRAM APPROVED BY THE
 DEPARTMENT; AND
   (V) ANY OTHER INFORMATION THAT  THE  DEPARTMENT  DEEMS  NECESSARY  AND
 APPROPRIATE.
   (C)  THE DEPARTMENT SHALL PROVIDE EACH PET GROOMING BUSINESS WHICH HAS
 COMPLIED WITH THE REGISTRATION REQUIREMENTS  AS  PROVIDED  FOR  IN  THIS
 ARTICLE WITH A CERTIFICATE OF REGISTRATION AND AN IDENTIFICATION CARD OR
 CERTIFICATE,  WHICH  SHALL  HAVE AN IDENTIFICATION NUMBER AND EXPIRATION
 DATE.
   6. A REGISTERED PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS  OR  HER
 DIRECT  SUPERVISION. A REGISTERED PET GROOMER MUST BE ON PREMISES AT ALL
 TIMES THAT A PET IS BEING GROOMED. THE NAME OF THE PERSON IN  CHARGE  OF
 ANY PET GROOMING FACILITY SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH
 FACILITY  AND  THE  CERTIFICATE  OF REGISTRATION OF SUCH PERSON SHALL BE
 PROMINENTLY DISPLAYED.
   § 543. CERTIFICATE OF REGISTRATION REFUSAL, SUSPENSION OR  REVOCATION.
 1.  THE SECRETARY OF STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND
 OR REVOKE A PET GROOMER'S CERTIFICATE OF REGISTRATION FOR A FALSE STATE-
 MENT AS TO A MATERIAL MATTER IN THE APPLICATION FOR SUCH CERTIFICATE  OF
 REGISTRATION,  FOR  PERSISTENT IMPROPER RECORD KEEPING OR BUSINESS PRAC-
 TICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR ANY LAW RELAT-
 ING TO THE HUMANE TREATMENT OF ANIMALS.

 A. 284--C                           4
 
   2. THE SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE  REVOKING  OR
 SUSPENDING  ANY  CERTIFICATE OF REGISTRATION OR BEFORE ISSUING ANY ORDER
 DIRECTING THE CESSATION OF UNAUTHORIZED ACTIVITIES. AT  LEAST  TEN  DAYS
 PRIOR TO THE DATE SET FOR THE HEARING, THE HOLDER OF SUCH CERTIFICATE OF
 REGISTRATION SHALL BE NOTIFIED IN WRITING, OR THE PERSON ALLEGED TO HAVE
 ENGAGED IN UNAUTHORIZED ACTIVITIES, OF ANY CHARGES MADE AND SHALL AFFORD
 SUCH PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFER-
 ENCE  HERETO.    THE  HEARING  ON SUCH CHARGES SHALL BE AT SUCH TIME AND
 PLACE AS THE DEPARTMENT SHALL PRESCRIBE. ANY PET  GROOMING  BUSINESS  OR
 PET  GROOMER  WHOSE  CERTIFICATE  OF REGISTRATION IS REVOKED, DENIED, OR
 SUSPENDED MAY REAPPLY AFTER RE-TAKING A TRAINING COURSE  AND  RE-PASSING
 AN  EXAMINATION  AS  WELL AS DEMONSTRATE TO THE SECRETARY OF STATE THEIR
 ABILITY TO PROVIDE FOR THE HUMANE AND APPROPRIATE  CARE  AND  SAFETY  OF
 PETS IN THEIR CARE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   §  544.  INSPECTIONS.  THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
 AGENTS SHALL BE AUTHORIZED TO JOINTLY COORDINATE WITH  THE  COMMISSIONER
 OF  AGRICULTURE  AND  MARKETS OR HIS OR HER AUTHORIZED AGENTS TO INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE.  NOTHING HEREIN SHALL LIMIT THE ABILITY OF  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
 MARKETS  LAW  AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO CONDUCT SUCH
 INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
 MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL OF RENEWAL  OF  A  CERTIFICATE  OF  REGISTRATION,  AS  OTHERWISE
 PROVIDED  IN  THIS ARTICLE, ANY VIOLATION OF A PROVISION OF THIS ARTICLE
 IS A CIVIL OFFENSE, FOR WHICH A PENALTY OF NOT  LESS  THAN  ONE  HUNDRED
 DOLLARS  NOR  MORE  THAN  FIVE HUNDRED DOLLARS FOR EACH VIOLATION MAY BE
 IMPOSED, PROVIDED HOWEVER FOR VIOLATIONS NOT AFFECTING  THE  HEALTH  AND
 SAFETY  OF A PERSON OR A PET AT THE PET GROOMING FACILITY, THE SECRETARY
 OF STATE MAY ALLOW FOR A CURE PERIOD OR OTHER OPPORTUNITY FOR  AMELIORA-
 TIVE ACTION, THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSI-
 TION  OF  PENALTIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT.  THE
 SECRETARY OF STATE SHALL IMPLEMENT AN APPEALS PROCESS  FOR  SUCH  REGIS-
 TERED  PET  GROOMER  WHO  WISHES  TO CONTEST THE IMPOSITION OF A PENALTY
 RELATED TO A CIVIL OFFENSE.
   2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
 SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
 STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
 ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
 GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
 OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
 OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly the addition, amendment or repeal of any rule or regulation necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

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Assembly Bill A284C

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Sponsored By

PAULIN

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

Jeffrey Dinowitz

N. Nick Perry

Frank Skartados

Matthew Titone

2017-A284 - Details

2017-A284 - Summary

2017-A284 - Bill Text download pdf

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

Jeffrey Dinowitz

N. Nick Perry

Frank Skartados

Matthew Titone

2017-A284A - Details

2017-A284A - Summary

2017-A284A - Bill Text download pdf

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

Jeffrey Dinowitz

N. Nick Perry

Frank Skartados

Matthew Titone

2017-A284B - Details

2017-A284B - Summary

2017-A284B - Bill Text download pdf

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

Jeffrey Dinowitz

N. Nick Perry

Frank Skartados

Matthew Titone

2017-A284C (ACTIVE) - Details

2017-A284C (ACTIVE) - Summary

2017-A284C (ACTIVE) - Bill Text download pdf

Comments