A00216 Summary:

BILL NOA00216
 
SAME ASSAME AS S03828
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Gottfried, Pichardo, Zebrowski, McDonough, Raia, Weprin, Mosley, Stirpe, McDonald, Fernandez, Schmitt
 
MLTSPNSRCook, Davila, Ra
 
Amd 401, Ag & Mkts L
 
Relates to the care of animals; requires regular diurnal light cycles of either natural or artificial light; requires separate space for pregnant or nursing dogs; requires a certain level of sanitation of primary enclosures and cages; requires sanitary food receptacles; requires grooming.
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A00216 Actions:

BILL NOA00216
 
01/09/2019referred to agriculture
02/27/2019reported referred to codes
03/05/2019reported
03/07/2019advanced to third reading cal.92
03/11/2019passed assembly
03/11/2019delivered to senate
03/11/2019REFERRED TO DOMESTIC ANIMAL WELFARE
06/04/2019SUBSTITUTED FOR S3828
06/04/20193RD READING CAL.553
06/04/2019PASSED SENATE
06/04/2019RETURNED TO ASSEMBLY
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A00216 Committee Votes:

AGRICULTURE Chair:Lupardo DATE:02/27/2019AYE/NAY:20/0 Action: Favorable refer to committee Codes
LupardoAyeBlankenbushAye
LiftonAyeCrouchAye
GuntherAyeFinchAye
RosenthalAyeHawleyExcused
RiveraAyeFitzpatrickAye
BarrettAyeMillerAye
StirpeAye
SantabarbaraAye
WoernerAye
JonesAye
EpsteinAye
MosleyAye
DilanAye
WilliamsAye
ButtenschonAye

CODES Chair:Lentol DATE:03/05/2019AYE/NAY:22/0 Action: Favorable
LentolAyeRaAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
O'DonnellAyeGarbarinoAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A00216 Floor Votes:

DATE:03/11/2019Assembly Vote  YEA/NAY: 139/1
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchYGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioYMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellYManktelowYQuartYSolagesY
BarclayYDavilaERGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughYRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyYMikulinYRaynorYStirpeY
BenedettoYDickensYHevesiYMill B YReillyYTagueY
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLERRichardsonYThieleY
BlankenbushYDiPietroYJacobsonYMontesanoYRiveraYTitusER
BrabenecYD'UrsoYJaffeeYMorinelloYRodriguezERVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerERNorrisYRozicYWalshY
ButtenschonYFallYKimYO'DonnellERRyanYWeinsteinY
ByrneYFernandezYKolbYOrtizYSalkaERWeprinY
ByrnesYFinchERLalorYOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickYLavineYPalmesanoYSayeghYWoernerY
CarrollYFriendNOLawrenceYPalumboYSchimmingerYWrightY
ColtonYFrontusERLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

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A00216 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A216
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the care of animals   PURPOSE: To provide additional provisions to the agriculture and markets law relating to grooming, sanitation, and veterinary exam requirements, as well as additional standards of care for nursing and pregnant dogs.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 401 of the agriculture and markets law by adding a requirement to paragraph (e), which relates to indoor facilities and states that animal areas must be provided with regular diurnal light cycles of either natural or artificial light. Paragraph (g) of subdivision 1 is amended by adding a requirement that separate and apart from the whelping box, a pet dealer shall provide a pregnant or nursing dog with a separate space accessible to her that complies with standards set forth in the agriculture and markets law. In addition, each nursing dog shall be provided with a sufficient amount of floor space to nurse and care for her litter. Paragraph (h) of subdivi- sion 1 is amended to provide that isolation areas must meet all housing requirements of this section. Section 2 amends subdivision 2 of section 401 of the agriculture and markets law by adding the requirement that primary enclosures must be cleaned daily and sanitized at least once every two weeks according to the provided standards. Section 3 provides that food receptacles must be sanitary. Section 4 amends subdivision 5 of section 401 of the agriculture and markets law by adding a subparagraph (vi), which requires annual veteri- nary examinations for all adult dogs or cats on a pet dealer's premises. This provision applies to dealers who sell or offer to sell twenty-five or more dogs or cats per year to the public for profit that are born and raised on the dealer's residential premises. Section 5 adds a new subdivision to section 401 of the agriculture and markets law. This subdivision provides that all animals shall be groomed regularly to prevent excessive matting of fur, overgrown toenails and flea and tick infestation. Section 6 provides the effective date.   JUSTIFICATION: This bill will afford increased protections for animals in the care of pet dealers. The bill will require that areas in which animals are kept will have regular diurnal light cycles. The bill will require pet deal- ers to regularly groom the animals in their care. There have been reports throughout the state of pet dealers neglecting to properly groom animals, and animals have been found with excessively overgrown nails, excessive matting of fur, and flea and tick infestation. The bill also gives increased protections to nursing and pregnant dogs, by requiring that pet dealers provide such dogs with a separate amount of floor space, apart from her whelping box, which ensures that she can safely and adequately nurse and care for her litter. Pet dealers must be held to standards that will promote the safety, good health, and overall well-being of the animals in their care. This legislation will afford much needed protections to improve the quality of life of these animals and will prevent negligent treatment by pet dealers.   LEGISLATIVE HISTORY: A.72-A of 2017 and 2018, passed in the assembly. Same as S.6784 of 2017 and 2018, referred and committed to rules. A.9445-A of 2016 passed in the assembly. Same as S.7800 of 2016, referred to agriculture.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective on the ninetieth day after it shall have become a law.
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A00216 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           216
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, GALEF, GOTTFRIED, PICHARDO, ZEBROWSKI,
          McDONOUGH, RAIA, WEPRIN -- Multi-Sponsored by -- M. of A. COOK,  DAVI-
          LA, RA -- read once and referred to the Committee on Agriculture
 
        AN ACT to amend the agriculture and markets law, in relation to the care
          of animals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401
     2  of the agriculture and markets law, paragraphs (e) and (g) as  added  by
     3  chapter  259  of the laws of 2000, and paragraph (h) as added by chapter
     4  110 of the laws of 2012, are amended to read as follows:
     5    (e) The indoor facilities housing the animals shall be  provided  with
     6  adequate  lighting  sufficient to permit routine inspection and cleaning
     7  and be arranged so that each animal is protected from excessive  illumi-
     8  nation  which poses a health hazard to the animal.  Animal areas must be
     9  provided with regular diurnal light cycles of either natural or  artifi-
    10  cial light.
    11    (g)  In  the  event that a pet dealer has a pregnant or nursing dog on
    12  his or her premises, the pet dealer shall provide  a  whelping  box  for
    13  such  dog.  Separate and apart from the whelping box, a pet dealer shall
    14  provide a pregnant or nursing dog with a separate  space  accessible  to
    15  her  that complies with the standards set forth in paragraph (b) of this
    16  subdivision. Each nursing dog shall be provided with a sufficient amount
    17  of floor space to nurse and care for her litter.
    18    (h) Pet dealers shall designate and  provide  an  isolation  area  for
    19  animals  that  exhibit  symptoms  of  contagious disease or illness. The
    20  location of such designated area must be such as to  prevent  or  reduce
    21  the  spread  of  disease  to healthy animals and must otherwise meet all
    22  housing requirements of this section.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00592-01-9

        A. 216                              2
 
     1    § 2. Subdivision 2 of section 401 of the agriculture and markets  law,
     2  as  added  by  chapter  259  of  the laws of 2000, is amended to read as
     3  follows:
     4    2.  Sanitation.  Housing  facilities, including primary enclosures and
     5  cages, shall be kept in a clean condition in order to maintain a healthy
     6  environment for the animal. This shall include removing  and  destroying
     7  any agents injurious to the health of the animal and periodic cleanings.
     8  Primary  enclosures  must  be  cleaned daily and sanitized at least once
     9  every two weeks by washing all soiled surfaces with  appropriate  deter-
    10  gent  solutions  and disinfectant or by using a combination detergent or
    11  disinfectant product that accomplishes the same purpose with a  thorough
    12  cleaning  of  the  surfaces to remove excreta, feces, hair, dirt, debris
    13  and food waste to permit effective sanitization,  followed  by  a  clean
    14  water rinse. The primary enclosure or cage shall be constructed so as to
    15  eliminate excess water, excretions, and waste material. Under no circum-
    16  stances  shall  the  animal  remain inside the primary enclosure or cage
    17  while it is being cleaned with sterilizing agents  or  agents  toxic  to
    18  animals  or cleaned in a manner likely to threaten the health and safety
    19  of the animal. Trash and waste products on the premises shall be proper-
    20  ly contained and disposed of so as to minimize  the  risks  of  disease,
    21  contamination, and vermin.
    22    §  3. Paragraph (c) of subdivision 3 of section 401 of the agriculture
    23  and markets law, as added by chapter 259 of the laws of 2000, is amended
    24  to read as follows:
    25    (c) [Food] Sanitary food receptacles shall be provided  in  sufficient
    26  number, of adequate size, and so located as to enable each animal in the
    27  primary  enclosure  or  cage  to  be supplied with an adequate amount of
    28  food.
    29    § 4. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  5  of
    30  section  401 of the agriculture and markets law, as added by chapter 110
    31  of the laws of 2012, are amended and a new subparagraph (vi) is added to
    32  read as follows:
    33    (iv) Adequate guidance to personnel involved in the care  and  use  of
    34  animals regarding handling and immobilization; [and]
    35    (v)  Pre-procedural and post-procedural care in accordance with estab-
    36  lished veterinary medical and nursing procedures[.]; and
    37    (vi) In the case of dealers who sell or offer to sell  twenty-five  or
    38  more  dogs  or  cats per year to the public for profit that are born and
    39  raised on the dealer's residential premises, annual veterinary  examina-
    40  tions,  at a minimum, for all intact adult dogs or cats on such dealer's
    41  premises.
    42    § 5. Section 401 of the agriculture and  markets  law  is  amended  by
    43  adding a new subdivision 8 to read as follows:
    44    8.  Grooming. All animals shall be groomed regularly to prevent exces-
    45  sive matting of fur, overgrown toenails and flea and tick infestation.
    46    § 6. This act shall take effect on the ninetieth day  after  it  shall
    47  have become a law. Effective immediately, the addition, amendment and/or
    48  repeal  of  any  rule  or regulation necessary for the implementation of
    49  this act on its effective date are authorized to be made  and  completed
    50  on or before such effective date.
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