assembly Bill A8059

Vetoed By Governor
2015-2016 Legislative Session

Exempts certain utility and other workers from state and local traveling bans during declared emergencies

download bill text pdf

Sponsored By

Current Bill Status Via S5799 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 26, 2015 vetoed memo.220
Oct 14, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.589
substituted for a8059b
Jun 18, 2015 substituted by s5799a
Jun 17, 2015 ordered to third reading rules cal.589
rules report cal.589
reported
Jun 16, 2015 reported referred to rules
Jun 14, 2015 print number 8059b
amend (t) and recommit to governmental operations
Jun 12, 2015 print number 8059a
amend (t) and recommit to governmental operations
Jun 05, 2015 referred to governmental operations

Bill Amendments

A8059
A8059A
A8059B
A8059
A8059A
A8059B

Co-Sponsors

A8059 - Bill Details

See Senate Version of this Bill:
S5799
Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

A8059 - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8059

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  executive law, in relation to exempting utility
  workers from state and local traveling bans during  declared  emergen-
  cies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 13 of paragraph b of subdivision 3 of  section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13)  control  of  ingress  and  egress  to  and from a disaster area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE AND PUBLIC PERSONNEL WHO ARE SUMMONED  TO  ASSIST  IN  EMERGENCY
SERVICES,  SUCH  AS UTILITY WORKERS WHO NEED TO REACH DECLARED EMERGENCY
AREAS IN ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR  MAIN-
TENANCE OF ENERGY INFRASTRUCTURE;
  S  2. Subparagraph 13 of paragraph b of subdivision 7 of section 23 of
the executive law, as amended by section 4 of part B of  chapter  56  of
the laws of 2010, is amended to read as follows:
  (13)  control  of  ingress  and  egress  to  and from a disaster area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE AND PUBLIC PERSONNEL WHO ARE SUMMONED  TO  ASSIST  IN  EMERGENCY
SERVICES,  SUCH  AS UTILITY WORKERS WHO NEED TO REACH DECLARED EMERGENCY
AREAS IN ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR  MAIN-
TENANCE OF ENERGY INFRASTRUCTURE;
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-01-5

Co-Sponsors

A8059A - Bill Details

See Senate Version of this Bill:
S5799
Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

A8059A - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8059--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M. of A. CAHILL, PAULIN -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the executive law,  in  relation  to  exempting  certain
  utility  workers  from  state and local traveling bans during declared
  emergencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraph 13 of paragraph b of subdivision 3 of section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO  ARE SUMMONED BY THEIR EMPLOYERS TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY WORKERS WHO NEED TO  REACH
DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS RELATED TO THE RESTO-
RATION AND/OR MAINTENANCE OF ENERGY INFRASTRUCTURE;
  S  2. Subparagraph 13 of paragraph b of subdivision 7 of section 23 of
the executive law, as amended by section 4 of part B of  chapter  56  of
the laws of 2010, is amended to read as follows:
  (13)  control  of  ingress  and  egress  to  and from a disaster area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE AND PUBLIC PERSONNEL WHO ARE  SUMMONED  BY  THEIR  EMPLOYERS  TO
ASSIST  IN EMERGENCY SERVICES, SUCH AS UTILITY WORKERS WHO NEED TO REACH
DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS RELATED TO THE RESTO-
RATION AND/OR MAINTENANCE OF ENERGY INFRASTRUCTURE;
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-02-5

Co-Sponsors

A8059B - Bill Details

See Senate Version of this Bill:
S5799
Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

A8059B - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8059--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M. of A. CAHILL, PAULIN -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  executive law, in relation to exempting certain
  utility and other workers from state and local traveling  bans  during
  declared emergencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 13 of paragraph b of subdivision 3 of  section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13)  control  of  ingress  and  egress  to  and from a disaster area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE AND PUBLIC PERSONNEL WHO ARE  SUMMONED  BY  THEIR  EMPLOYERS  TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY AND OTHER WORKERS WHO NEED
TO  REACH  DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS RELATED TO
THE RESTORATION AND/OR MAINTENANCE OF ENERGY AND COMMUNICATIONS  INFRAS-
TRUCTURE;
  S  2. Subparagraph 13 of paragraph b of subdivision 7 of section 23 of
the executive law, as amended by section 4 of part B of  chapter  56  of
the laws of 2010, is amended to read as follows:
  (13)  control  of  ingress  and  egress  to  and from a disaster area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE AND PUBLIC PERSONNEL WHO ARE  SUMMONED  BY  THEIR  EMPLOYERS  TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY AND OTHER WORKERS WHO NEED
TO  REACH  DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS RELATED TO
THE RESTORATION AND/OR MAINTENANCE OF ENERGY AND COMMUNICATIONS  INFRAS-
TRUCTURE;
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-04-5

senate Bill S5799A

Vetoed By Governor
2015-2016 Legislative Session

Exempts utility workers from state and local traveling bans during declared emergencies

download bill text pdf

Sponsored By

Current Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 26, 2015 vetoed memo.220
Oct 14, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.589
substituted for a8059b
Jun 16, 2015 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1694
committee discharged and committed to rules
Jun 13, 2015 print number 5799a
amend (t) and recommit to veterans, homeland security and military affairs
Jun 03, 2015 referred to veterans, homeland security and military affairs

Bill Amendments

S5799
S5799A
S5799
S5799A

S5799 - Bill Details

See Assembly Version of this Bill:
A8059B
Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

S5799 - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view sponsor memo
BILL NUMBER:S5799

TITLE OF BILL:

An act to amend the executive law, in relation to exempting utility
workers from state and local traveling bans during declared
emergencies

PURPOSE:

The purpose of the bill is to permit utility workers to access local
and/or state declared disaster areas during periods of travel bans in
order to allow them to perform necessary services related to the
restoration and/or maintenance of energy infrastructure.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Section 22 of the Executive Law,
which deals with state disaster preparedness plans. These plans would
be required to include provisions that exempt from travel bans
implemented by state officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility workers who are tasked with
restoring power and related activities.

Section 2 would amend Section 23 of the Executive Law, which deals
with local comprehensive emergency management plans These plans would
be required to include provisions that exempt from travel bans
implemented by local officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility workers who are tasked with
restoring power and related activities.

Section 3 would set forth an immediate effective date.

EXISTING LAW:

Currently, travel bans that are declared during a disaster by a state
and/or local governing entity apply to many essential public and
private personnel who may need access to the affected areas in order
to perform emergency services. Utility workers fall under these travel
bans and are prohibited from traveling to and from these disaster
areas unless there is an informal agreement or understanding between
workers and law enforcement to provide these individuals with access
in order to perform their duties.

JUSTIFICATION:

The role of utility workers is a critical component to emergency
preparedness and response, as their ability to access disaster areas
is directly attributable to the restoration of power to a given
community. Some communities have experienced long-term power outages
of weeks or days during recent storms such as Hurricane Irene,
Tropical Storm Lee, and Super Storm Sandy in no small part because
utility personnel were barred from physically accessing the electric
infrastructure that needed repair.


Anecdotally, some areas across the state permit utility workers to
travel during disaster periods if law enforcement allows for it while
most areas prohibit their travel outright - essentially turning a
"blind eye" to the travel ban in the overall interest of the public
welfare. This bill seeks to add statewide clarity, uniformity, and
general permission for utility workers to travel to and from disaster
areas in order to restore power and provide maintenance services for
communities that have been affected by a natural or man-made
catastrophic event. This bill does not mandate that a state or local
governing entity actually provide these personnel; it only prescribes
that such personnel are exempted from travel bans that are otherwise
in effect throughout the state, county, town, or village.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5799

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law,  in  relation  to  exempting  utility
  workers  from  state and local traveling bans during declared emergen-
  cies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraph 13 of paragraph b of subdivision 3 of section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO ARE SUMMONED TO ASSIST IN EMERGENCY
SERVICES, SUCH AS UTILITY WORKERS WHO NEED TO REACH  DECLARED  EMERGENCY
AREAS  IN ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR MAIN-
TENANCE OF ENERGY INFRASTRUCTURE;
  S 2. Subparagraph 13 of paragraph b of subdivision 7 of section 23  of
the  executive  law,  as amended by section 4 of part B of chapter 56 of
the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO ARE SUMMONED TO ASSIST IN EMERGENCY
SERVICES, SUCH AS UTILITY WORKERS WHO NEED TO REACH  DECLARED  EMERGENCY
AREAS  IN ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR MAIN-
TENANCE OF ENERGY INFRASTRUCTURE;
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-01-5

Co-Sponsors

S5799A - Bill Details

See Assembly Version of this Bill:
A8059B
Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

S5799A - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view sponsor memo
BILL NUMBER:S5799A REVISED 6/16/15

TITLE OF BILL: An act to amend the executive law, in relation to
exempting certain utility and other workers from state and local
traveling bans during declared emergencies

PURPOSE: The purpose of the bill is to permit utility workers to
access local and/or state declared disaster areas during periods of
travel bans in order to allow them to perform necessary services
related to the restoration and/or maintenance of energy
infrastructure.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Section 22 of the Executive Law,
which deals with state disaster preparedness plans. These plans would
be required to include provisions that exempt from travel bans
implemented by state officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility and other workers who are tasked
with restoring power, communications and related activities.

Section 2 would amend Section 23 of the Executive Law, which deals
with local comprehensive emergency management plans. These plans would
be required to include provisions that exempt from travel bans
implemented by local officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility and other workers who are tasked
with restoring power, communications and related activities.

Section 3 would set forth an immediate effective date.

EXISTING LAW: Currently, travel bans that are declared during a
disaster by a state and/or local governing entity apply to many
essential public and private personnel who may need access to the
affected areas in order to perform emergency services. Utility and
other workers fall under these travel bans and are prohibited from
traveling to and from these disaster areas unless there is an informal
agreement or understanding between workers and law enforcement to
provide these individuals with access in order to perform their
duties.

JUSTIFICATION: The role of utility and other workers is a critical
component to emergency preparedness and response, as their ability to
access disaster areas is directly attributable to the restoration of
power and communications to a given community. Some communities have
experienced long-term power and communications outages of weeks or
days during recent storms such as Hurricane Irene, Tropical Storm Lee,
and Super Storm Sandy in no small part because utility personnel were
barred from physically accessing the electric and communications
infrastructure that needed repair.

Anecdotally, some areas across the state permit utility and other
workers to travel during disaster periods if law enforcement allows
for it while most areas prohibit their travel outright - essentially
turning a "blind eye" to the travel ban in the overall interest of the
public welfare. This bill seeks to add statewide clarity, uniformity,


and general permission for utility and other workers to travel to and
from disaster areas in order to restore power and communications and
provide maintenance services for communities that have been affected
by a natural or man-made catastrophic event. This bill does not
mandate that a state or local governing entity actually provide these
personnel; it only prescribes that such personnel are exempted from
travel bans that are otherwise in effect throughout the state, county,
town, or village.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5799--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law,  in  relation  to  exempting  certain
  utility  and  other workers from state and local traveling bans during
  declared emergencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraph 13 of paragraph b of subdivision 3 of section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO  ARE SUMMONED BY THEIR EMPLOYERS TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY AND OTHER WORKERS WHO NEED
TO REACH DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS  RELATED  TO
THE  RESTORATION AND/OR MAINTENANCE OF ENERGY AND COMMUNICATIONS INFRAS-
TRUCTURE;
  S 2. Subparagraph 13 of paragraph b of subdivision 7 of section 23  of
the  executive  law,  as amended by section 4 of part B of chapter 56 of
the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO  ARE SUMMONED BY THEIR EMPLOYERS TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY AND OTHER WORKERS WHO NEED
TO REACH DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS  RELATED  TO
THE  RESTORATION AND/OR MAINTENANCE OF ENERGY AND COMMUNICATIONS INFRAS-
TRUCTURE;
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-05-5

senate Bill S5799

Vetoed By Governor
2015-2016 Legislative Session

Exempts utility workers from state and local traveling bans during declared emergencies

download bill text pdf

Sponsored By

Current Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 26, 2015 vetoed memo.220
Oct 14, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.589
substituted for a8059b
Jun 16, 2015 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1694
committee discharged and committed to rules
Jun 13, 2015 print number 5799a
amend (t) and recommit to veterans, homeland security and military affairs
Jun 03, 2015 referred to veterans, homeland security and military affairs

Bill Amendments

S5799
S5799A
S5799
S5799A

S5799 - Bill Details

Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

S5799 - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view sponsor memo
BILL NUMBER:S5799

TITLE OF BILL:

An act to amend the executive law, in relation to exempting utility
workers from state and local traveling bans during declared
emergencies

PURPOSE:

The purpose of the bill is to permit utility workers to access local
and/or state declared disaster areas during periods of travel bans in
order to allow them to perform necessary services related to the
restoration and/or maintenance of energy infrastructure.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Section 22 of the Executive Law,
which deals with state disaster preparedness plans. These plans would
be required to include provisions that exempt from travel bans
implemented by state officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility workers who are tasked with
restoring power and related activities.

Section 2 would amend Section 23 of the Executive Law, which deals
with local comprehensive emergency management plans These plans would
be required to include provisions that exempt from travel bans
implemented by local officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility workers who are tasked with
restoring power and related activities.

Section 3 would set forth an immediate effective date.

EXISTING LAW:

Currently, travel bans that are declared during a disaster by a state
and/or local governing entity apply to many essential public and
private personnel who may need access to the affected areas in order
to perform emergency services. Utility workers fall under these travel
bans and are prohibited from traveling to and from these disaster
areas unless there is an informal agreement or understanding between
workers and law enforcement to provide these individuals with access
in order to perform their duties.

JUSTIFICATION:

The role of utility workers is a critical component to emergency
preparedness and response, as their ability to access disaster areas
is directly attributable to the restoration of power to a given
community. Some communities have experienced long-term power outages
of weeks or days during recent storms such as Hurricane Irene,
Tropical Storm Lee, and Super Storm Sandy in no small part because
utility personnel were barred from physically accessing the electric
infrastructure that needed repair.


Anecdotally, some areas across the state permit utility workers to
travel during disaster periods if law enforcement allows for it while
most areas prohibit their travel outright - essentially turning a
"blind eye" to the travel ban in the overall interest of the public
welfare. This bill seeks to add statewide clarity, uniformity, and
general permission for utility workers to travel to and from disaster
areas in order to restore power and provide maintenance services for
communities that have been affected by a natural or man-made
catastrophic event. This bill does not mandate that a state or local
governing entity actually provide these personnel; it only prescribes
that such personnel are exempted from travel bans that are otherwise
in effect throughout the state, county, town, or village.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5799

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law,  in  relation  to  exempting  utility
  workers  from  state and local traveling bans during declared emergen-
  cies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraph 13 of paragraph b of subdivision 3 of section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO ARE SUMMONED TO ASSIST IN EMERGENCY
SERVICES, SUCH AS UTILITY WORKERS WHO NEED TO REACH  DECLARED  EMERGENCY
AREAS  IN ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR MAIN-
TENANCE OF ENERGY INFRASTRUCTURE;
  S 2. Subparagraph 13 of paragraph b of subdivision 7 of section 23  of
the  executive  law,  as amended by section 4 of part B of chapter 56 of
the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO ARE SUMMONED TO ASSIST IN EMERGENCY
SERVICES, SUCH AS UTILITY WORKERS WHO NEED TO REACH  DECLARED  EMERGENCY
AREAS  IN ORDER TO PERFORM TASKS RELATED TO THE RESTORATION AND/OR MAIN-
TENANCE OF ENERGY INFRASTRUCTURE;
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-01-5

Co-Sponsors

S5799A - Bill Details

Law Section:
Executive Law
Laws Affected:
Amd §§22 & 23, Exec L

S5799A - Bill Texts

view summary

Exempts certain utility workers from state and local traveling bans during declared emergencies.

view sponsor memo
BILL NUMBER:S5799A REVISED 6/16/15

TITLE OF BILL: An act to amend the executive law, in relation to
exempting certain utility and other workers from state and local
traveling bans during declared emergencies

PURPOSE: The purpose of the bill is to permit utility workers to
access local and/or state declared disaster areas during periods of
travel bans in order to allow them to perform necessary services
related to the restoration and/or maintenance of energy
infrastructure.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Section 22 of the Executive Law,
which deals with state disaster preparedness plans. These plans would
be required to include provisions that exempt from travel bans
implemented by state officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility and other workers who are tasked
with restoring power, communications and related activities.

Section 2 would amend Section 23 of the Executive Law, which deals
with local comprehensive emergency management plans. These plans would
be required to include provisions that exempt from travel bans
implemented by local officials those essential private and public
personnel who are involved in providing emergency services to declared
disaster areas, including utility and other workers who are tasked
with restoring power, communications and related activities.

Section 3 would set forth an immediate effective date.

EXISTING LAW: Currently, travel bans that are declared during a
disaster by a state and/or local governing entity apply to many
essential public and private personnel who may need access to the
affected areas in order to perform emergency services. Utility and
other workers fall under these travel bans and are prohibited from
traveling to and from these disaster areas unless there is an informal
agreement or understanding between workers and law enforcement to
provide these individuals with access in order to perform their
duties.

JUSTIFICATION: The role of utility and other workers is a critical
component to emergency preparedness and response, as their ability to
access disaster areas is directly attributable to the restoration of
power and communications to a given community. Some communities have
experienced long-term power and communications outages of weeks or
days during recent storms such as Hurricane Irene, Tropical Storm Lee,
and Super Storm Sandy in no small part because utility personnel were
barred from physically accessing the electric and communications
infrastructure that needed repair.

Anecdotally, some areas across the state permit utility and other
workers to travel during disaster periods if law enforcement allows
for it while most areas prohibit their travel outright - essentially
turning a "blind eye" to the travel ban in the overall interest of the
public welfare. This bill seeks to add statewide clarity, uniformity,


and general permission for utility and other workers to travel to and
from disaster areas in order to restore power and communications and
provide maintenance services for communities that have been affected
by a natural or man-made catastrophic event. This bill does not
mandate that a state or local governing entity actually provide these
personnel; it only prescribes that such personnel are exempted from
travel bans that are otherwise in effect throughout the state, county,
town, or village.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                 5799--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law,  in  relation  to  exempting  certain
  utility  and  other workers from state and local traveling bans during
  declared emergencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subparagraph 13 of paragraph b of subdivision 3 of section
22 of the executive law, as amended by section 3 of part B of chapter 56
of the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO  ARE SUMMONED BY THEIR EMPLOYERS TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY AND OTHER WORKERS WHO NEED
TO REACH DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS  RELATED  TO
THE  RESTORATION AND/OR MAINTENANCE OF ENERGY AND COMMUNICATIONS INFRAS-
TRUCTURE;
  S 2. Subparagraph 13 of paragraph b of subdivision 7 of section 23  of
the  executive  law,  as amended by section 4 of part B of chapter 56 of
the laws of 2010, is amended to read as follows:
  (13) control of ingress and  egress  to  and  from  a  disaster  area,
INCLUDING BUT NOT LIMITED TO, EXEMPTING FROM TRAVEL BANS THOSE ESSENTIAL
PRIVATE  AND  PUBLIC  PERSONNEL  WHO  ARE SUMMONED BY THEIR EMPLOYERS TO
ASSIST IN EMERGENCY SERVICES, SUCH AS UTILITY AND OTHER WORKERS WHO NEED
TO REACH DECLARED EMERGENCY AREAS IN ORDER TO PERFORM TASKS  RELATED  TO
THE  RESTORATION AND/OR MAINTENANCE OF ENERGY AND COMMUNICATIONS INFRAS-
TRUCTURE;
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11473-05-5

assembly Bill A8058B

Signed By Governor
2015-2016 Legislative Session

Requires pet dealers to provide instructions on the care of small animals

download bill text pdf

Sponsored By

Current Bill Status Via S5946 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 12, 2015 approval memo.19
Dec 11, 2015 signed chap.557
Nov 30, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.588
substituted for a8058b
Jun 18, 2015 substituted by s5946
Jun 17, 2015 ordered to third reading rules cal.588
rules report cal.588
reported
Jun 16, 2015 reported referred to rules
Jun 12, 2015 print number 8058b
amend and recommit to economic development
Jun 10, 2015 print number 8058a
amend and recommit to economic development
Jun 05, 2015 referred to economic development

Bill Amendments

A8058
A8058A
A8058B
A8058
A8058A
A8058B

A8058 - Bill Details

See Senate Version of this Bill:
S5946
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058 - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8058

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS SECTION:
  (A)  A  "PET DEALER" SHALL MEAN ANY PERSON WHO, IN THE ORDINARY COURSE
OF BUSINESS, ENGAGES IN THE SALE OR OFFERING FOR SALE OF MORE THAN  NINE
ANIMALS  PER  YEAR  FOR  PROFIT  TO  THE  PUBLIC.  SUCH DEFINITION SHALL
INCLUDE, BUT NOT BE LIMITED TO, BREEDERS OF ANIMALS WHO  SELL  OR  OFFER
FOR  SALE  ANIMALS  DIRECTLY TO A CONSUMER BUT IT SHALL NOT INCLUDE DULY
INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED  ANIMALS
WHICH  MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR
SUCH ADOPTION IS CHARGED.
  (B) A "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL,  EXCLUDING  DOGS  OR
CATS,  INCLUDING BUT NOT LIMITED TO, HAMSTERS, CHINCHILLAS, GUINEA PIGS,
GERBILS, RABBITS, MICE,  RATS,  FERRETS  AND  ANY  SMALL  AMPHIBIANS  OR
REPTILES, INCLUDING BUT NOT LIMITED TO FROGS, SNAKES AND LIZARDS.
  2.  EVERY PET DEALER SHALL DELIVER TO THE PURCHASER OF A SMALL ANIMAL,
AT THE TIME OF SALE, WRITTEN INSTRUCTIONS ON  THE  CARE  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  A  LICENSED VETERINARIAN OR A STATE OR NATIONAL
VETERINARIAN MEDICAL SOCIETY OR THE AMERICAN VETERINARY MEDICAL  ASSOCI-
ATION,  INCLUDING INFORMATION ON HOUSING, SANITATION, FEEDING AND WATER-
ING, HANDLING, AND VETERINARY CARE.
  3. THE WRITTEN INSTRUCTIONS ON CARE SHALL BE SIGNED AND DATED  BY  THE
PURCHASER  OF  THE  SMALL ANIMAL, ACKNOWLEDGING RECEIPT OF A COPY OF THE
INSTRUCTIONS.  THE  PET  DEALER  SHALL  RETAIN  A  COPY  OF  THE  SIGNED
INSTRUCTIONS FOR A PERIOD OF ONE YEAR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD08958-04-5

A8058A - Bill Details

See Senate Version of this Bill:
S5946
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058A - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8058--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS  SECTION,  A  "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL, EXCLUDING
DOGS OR CATS, INCLUDING  BUT  NOT  LIMITED  TO,  HAMSTERS,  CHINCHILLAS,
GUINEA  PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL AMPHI-
BIANS OR REPTILES, INCLUDING  BUT  NOT  LIMITED  TO  FROGS,  SNAKES  AND
LIZARDS.
  2.  EVERY  PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF THE AGRI-
CULTURE AND MARKETS LAW, AS  WELL  AS  ANY  RETAILER  THAT  SELLS  SMALL
ANIMALS  TO  THE  PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL ACCESS TO THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS FOR THE GENERALLY ACCEPTED CARE OF THE CLASS  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  SOURCES INCLUDING BUT NOT LIMITED TO A STATE OR
NATIONAL VETERINARIAN MEDICAL SOCIETY, THE AMERICAN  VETERINARY  MEDICAL
ASSOCIATION,  THE  UNITED  STATES ASSOCIATION OF REPTILE KEEPERS, OR THE
PET INDUSTRY JOINT ADVISORY COUNCIL, INCLUDING INFORMATION  ON  HOUSING,
EQUIPMENT,  SANITATION, ENVIRONMENT, FEEDING AND WATERING, HANDLING, AND
VETERINARY CARE. THIS WRITTEN INFORMATION SHALL BE IN A FORM  DETERMINED
BY THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.
  3.  IF  A  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS DISTRIBUTES
MATERIAL PREPARED BY A THIRD PARTY, THE PET DEALER OR RETAILER OF  SMALL
ANIMALS SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY ANY ERRONEOUS INFORMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-06-5

A. 8058--A                          2

TION  IN  THAT  MATERIAL  UNLESS A REASONABLE PERSON EXERCISING ORDINARY
CARE SHOULD HAVE KNOWN OF THE ERROR CAUSING THE DAMAGE.
  4.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  5. THE PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO  THE  PUBLIC
SHALL  FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

A8058B - Bill Details

See Senate Version of this Bill:
S5946
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058B - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8058--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general business law, in relation to requiring pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S  391-T.  SALE  OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1. AS USED IN
THIS SECTION, A "SMALL ANIMAL" SHALL MEAN ANY  SMALL  MAMMAL,  EXCLUDING
DOGS  OR  CATS,  INCLUDING  BUT  NOT  LIMITED TO, HAMSTERS, CHINCHILLAS,
GUINEA PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL  AMPHI-
BIANS  OR  REPTILES,  INCLUDING  BUT  NOT  LIMITED  TO FROGS, SNAKES AND
LIZARDS.
  2. EVERY PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF  THE  AGRI-
CULTURE  AND  MARKETS  LAW,  AS  WELL  AS  ANY RETAILER THAT SELLS SMALL
ANIMALS TO THE PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL  ACCESS  TO  THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS  FOR  THE  GENERALLY ACCEPTED CARE OF THE CLASS OF SUCH SMALL
ANIMAL, OBTAINED FROM SOURCES INCLUDING BUT NOT LIMITED TO  A  STATE  OR
NATIONAL: PROFESSIONAL ASSOCIATION ESTABLISHED TO FURTHER THE VETERINARY
PROFESSIONS;  ASSOCIATION  ESTABLISHED  FOR THE PRESERVATION AND CARE OF
REPTILES; OR  PET  INDUSTRY  ORGANIZATION  REPRESENTING  PET  RETAILERS,
INCLUDING  INFORMATION  ON  HOUSING, EQUIPMENT, SANITATION, ENVIRONMENT,
FEEDING AND WATERING, HANDLING, AND VETERINARY CARE. THIS WRITTEN INFOR-
MATION SHALL BE IN A FORM DETERMINED BY THE COMMISSIONER OF THE  DEPART-
MENT OF AGRICULTURE AND MARKETS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-09-5

A. 8058--B                          2

  3.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  4.  THE  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO THE PUBLIC
SHALL FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH  THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A8058A

Signed By Governor
2015-2016 Legislative Session

Requires pet dealers to provide instructions on the care of small animals

download bill text pdf

Sponsored By

Current Bill Status Via S5946 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 12, 2015 approval memo.19
Dec 11, 2015 signed chap.557
Nov 30, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.588
substituted for a8058b
Jun 18, 2015 substituted by s5946
Jun 17, 2015 ordered to third reading rules cal.588
rules report cal.588
reported
Jun 16, 2015 reported referred to rules
Jun 12, 2015 print number 8058b
amend and recommit to economic development
Jun 10, 2015 print number 8058a
amend and recommit to economic development
Jun 05, 2015 referred to economic development

Bill Amendments

A8058
A8058A
A8058B
A8058
A8058A
A8058B

A8058 - Bill Details

See Senate Version of this Bill:
S4533B
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058 - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8058

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS SECTION:
  (A)  A  "PET DEALER" SHALL MEAN ANY PERSON WHO, IN THE ORDINARY COURSE
OF BUSINESS, ENGAGES IN THE SALE OR OFFERING FOR SALE OF MORE THAN  NINE
ANIMALS  PER  YEAR  FOR  PROFIT  TO  THE  PUBLIC.  SUCH DEFINITION SHALL
INCLUDE, BUT NOT BE LIMITED TO, BREEDERS OF ANIMALS WHO  SELL  OR  OFFER
FOR  SALE  ANIMALS  DIRECTLY TO A CONSUMER BUT IT SHALL NOT INCLUDE DULY
INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED  ANIMALS
WHICH  MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR
SUCH ADOPTION IS CHARGED.
  (B) A "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL,  EXCLUDING  DOGS  OR
CATS,  INCLUDING BUT NOT LIMITED TO, HAMSTERS, CHINCHILLAS, GUINEA PIGS,
GERBILS, RABBITS, MICE,  RATS,  FERRETS  AND  ANY  SMALL  AMPHIBIANS  OR
REPTILES, INCLUDING BUT NOT LIMITED TO FROGS, SNAKES AND LIZARDS.
  2.  EVERY PET DEALER SHALL DELIVER TO THE PURCHASER OF A SMALL ANIMAL,
AT THE TIME OF SALE, WRITTEN INSTRUCTIONS ON  THE  CARE  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  A  LICENSED VETERINARIAN OR A STATE OR NATIONAL
VETERINARIAN MEDICAL SOCIETY OR THE AMERICAN VETERINARY MEDICAL  ASSOCI-
ATION,  INCLUDING INFORMATION ON HOUSING, SANITATION, FEEDING AND WATER-
ING, HANDLING, AND VETERINARY CARE.
  3. THE WRITTEN INSTRUCTIONS ON CARE SHALL BE SIGNED AND DATED  BY  THE
PURCHASER  OF  THE  SMALL ANIMAL, ACKNOWLEDGING RECEIPT OF A COPY OF THE
INSTRUCTIONS.  THE  PET  DEALER  SHALL  RETAIN  A  COPY  OF  THE  SIGNED
INSTRUCTIONS FOR A PERIOD OF ONE YEAR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD08958-04-5

A8058A - Bill Details

See Senate Version of this Bill:
S4533B
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058A - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8058--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS  SECTION,  A  "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL, EXCLUDING
DOGS OR CATS, INCLUDING  BUT  NOT  LIMITED  TO,  HAMSTERS,  CHINCHILLAS,
GUINEA  PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL AMPHI-
BIANS OR REPTILES, INCLUDING  BUT  NOT  LIMITED  TO  FROGS,  SNAKES  AND
LIZARDS.
  2.  EVERY  PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF THE AGRI-
CULTURE AND MARKETS LAW, AS  WELL  AS  ANY  RETAILER  THAT  SELLS  SMALL
ANIMALS  TO  THE  PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL ACCESS TO THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS FOR THE GENERALLY ACCEPTED CARE OF THE CLASS  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  SOURCES INCLUDING BUT NOT LIMITED TO A STATE OR
NATIONAL VETERINARIAN MEDICAL SOCIETY, THE AMERICAN  VETERINARY  MEDICAL
ASSOCIATION,  THE  UNITED  STATES ASSOCIATION OF REPTILE KEEPERS, OR THE
PET INDUSTRY JOINT ADVISORY COUNCIL, INCLUDING INFORMATION  ON  HOUSING,
EQUIPMENT,  SANITATION, ENVIRONMENT, FEEDING AND WATERING, HANDLING, AND
VETERINARY CARE. THIS WRITTEN INFORMATION SHALL BE IN A FORM  DETERMINED
BY THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.
  3.  IF  A  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS DISTRIBUTES
MATERIAL PREPARED BY A THIRD PARTY, THE PET DEALER OR RETAILER OF  SMALL
ANIMALS SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY ANY ERRONEOUS INFORMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-06-5

A. 8058--A                          2

TION  IN  THAT  MATERIAL  UNLESS A REASONABLE PERSON EXERCISING ORDINARY
CARE SHOULD HAVE KNOWN OF THE ERROR CAUSING THE DAMAGE.
  4.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  5. THE PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO  THE  PUBLIC
SHALL  FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

A8058B - Bill Details

See Senate Version of this Bill:
S4533B
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058B - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8058--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general business law, in relation to requiring pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S  391-T.  SALE  OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1. AS USED IN
THIS SECTION, A "SMALL ANIMAL" SHALL MEAN ANY  SMALL  MAMMAL,  EXCLUDING
DOGS  OR  CATS,  INCLUDING  BUT  NOT  LIMITED TO, HAMSTERS, CHINCHILLAS,
GUINEA PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL  AMPHI-
BIANS  OR  REPTILES,  INCLUDING  BUT  NOT  LIMITED  TO FROGS, SNAKES AND
LIZARDS.
  2. EVERY PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF  THE  AGRI-
CULTURE  AND  MARKETS  LAW,  AS  WELL  AS  ANY RETAILER THAT SELLS SMALL
ANIMALS TO THE PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL  ACCESS  TO  THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS  FOR  THE  GENERALLY ACCEPTED CARE OF THE CLASS OF SUCH SMALL
ANIMAL, OBTAINED FROM SOURCES INCLUDING BUT NOT LIMITED TO  A  STATE  OR
NATIONAL: PROFESSIONAL ASSOCIATION ESTABLISHED TO FURTHER THE VETERINARY
PROFESSIONS;  ASSOCIATION  ESTABLISHED  FOR THE PRESERVATION AND CARE OF
REPTILES; OR  PET  INDUSTRY  ORGANIZATION  REPRESENTING  PET  RETAILERS,
INCLUDING  INFORMATION  ON  HOUSING, EQUIPMENT, SANITATION, ENVIRONMENT,
FEEDING AND WATERING, HANDLING, AND VETERINARY CARE. THIS WRITTEN INFOR-
MATION SHALL BE IN A FORM DETERMINED BY THE COMMISSIONER OF THE  DEPART-
MENT OF AGRICULTURE AND MARKETS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-09-5

A. 8058--B                          2

  3.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  4.  THE  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO THE PUBLIC
SHALL FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH  THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A8058

Signed By Governor
2015-2016 Legislative Session

Requires pet dealers to provide instructions on the care of small animals

download bill text pdf

Sponsored By

Current Bill Status Via S5946 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 12, 2015 approval memo.19
Dec 11, 2015 signed chap.557
Nov 30, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.588
substituted for a8058b
Jun 18, 2015 substituted by s5946
Jun 17, 2015 ordered to third reading rules cal.588
rules report cal.588
reported
Jun 16, 2015 reported referred to rules
Jun 12, 2015 print number 8058b
amend and recommit to economic development
Jun 10, 2015 print number 8058a
amend and recommit to economic development
Jun 05, 2015 referred to economic development

Bill Amendments

A8058
A8058A
A8058B
A8058
A8058A
A8058B

A8058 - Bill Details

Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058 - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8058

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS SECTION:
  (A)  A  "PET DEALER" SHALL MEAN ANY PERSON WHO, IN THE ORDINARY COURSE
OF BUSINESS, ENGAGES IN THE SALE OR OFFERING FOR SALE OF MORE THAN  NINE
ANIMALS  PER  YEAR  FOR  PROFIT  TO  THE  PUBLIC.  SUCH DEFINITION SHALL
INCLUDE, BUT NOT BE LIMITED TO, BREEDERS OF ANIMALS WHO  SELL  OR  OFFER
FOR  SALE  ANIMALS  DIRECTLY TO A CONSUMER BUT IT SHALL NOT INCLUDE DULY
INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF UNWANTED  ANIMALS
WHICH  MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR
SUCH ADOPTION IS CHARGED.
  (B) A "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL,  EXCLUDING  DOGS  OR
CATS,  INCLUDING BUT NOT LIMITED TO, HAMSTERS, CHINCHILLAS, GUINEA PIGS,
GERBILS, RABBITS, MICE,  RATS,  FERRETS  AND  ANY  SMALL  AMPHIBIANS  OR
REPTILES, INCLUDING BUT NOT LIMITED TO FROGS, SNAKES AND LIZARDS.
  2.  EVERY PET DEALER SHALL DELIVER TO THE PURCHASER OF A SMALL ANIMAL,
AT THE TIME OF SALE, WRITTEN INSTRUCTIONS ON  THE  CARE  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  A  LICENSED VETERINARIAN OR A STATE OR NATIONAL
VETERINARIAN MEDICAL SOCIETY OR THE AMERICAN VETERINARY MEDICAL  ASSOCI-
ATION,  INCLUDING INFORMATION ON HOUSING, SANITATION, FEEDING AND WATER-
ING, HANDLING, AND VETERINARY CARE.
  3. THE WRITTEN INSTRUCTIONS ON CARE SHALL BE SIGNED AND DATED  BY  THE
PURCHASER  OF  THE  SMALL ANIMAL, ACKNOWLEDGING RECEIPT OF A COPY OF THE
INSTRUCTIONS.  THE  PET  DEALER  SHALL  RETAIN  A  COPY  OF  THE  SIGNED
INSTRUCTIONS FOR A PERIOD OF ONE YEAR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD08958-04-5

A8058A - Bill Details

Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058A - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8058--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS  SECTION,  A  "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL, EXCLUDING
DOGS OR CATS, INCLUDING  BUT  NOT  LIMITED  TO,  HAMSTERS,  CHINCHILLAS,
GUINEA  PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL AMPHI-
BIANS OR REPTILES, INCLUDING  BUT  NOT  LIMITED  TO  FROGS,  SNAKES  AND
LIZARDS.
  2.  EVERY  PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF THE AGRI-
CULTURE AND MARKETS LAW, AS  WELL  AS  ANY  RETAILER  THAT  SELLS  SMALL
ANIMALS  TO  THE  PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL ACCESS TO THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS FOR THE GENERALLY ACCEPTED CARE OF THE CLASS  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  SOURCES INCLUDING BUT NOT LIMITED TO A STATE OR
NATIONAL VETERINARIAN MEDICAL SOCIETY, THE AMERICAN  VETERINARY  MEDICAL
ASSOCIATION,  THE  UNITED  STATES ASSOCIATION OF REPTILE KEEPERS, OR THE
PET INDUSTRY JOINT ADVISORY COUNCIL, INCLUDING INFORMATION  ON  HOUSING,
EQUIPMENT,  SANITATION, ENVIRONMENT, FEEDING AND WATERING, HANDLING, AND
VETERINARY CARE. THIS WRITTEN INFORMATION SHALL BE IN A FORM  DETERMINED
BY THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS.
  3.  IF  A  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS DISTRIBUTES
MATERIAL PREPARED BY A THIRD PARTY, THE PET DEALER OR RETAILER OF  SMALL
ANIMALS SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY ANY ERRONEOUS INFORMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-06-5

A. 8058--A                          2

TION  IN  THAT  MATERIAL  UNLESS A REASONABLE PERSON EXERCISING ORDINARY
CARE SHOULD HAVE KNOWN OF THE ERROR CAUSING THE DAMAGE.
  4.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  5. THE PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO  THE  PUBLIC
SHALL  FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

A8058B - Bill Details

Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

A8058B - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8058--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the general business law, in relation to requiring pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S  391-T.  SALE  OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1. AS USED IN
THIS SECTION, A "SMALL ANIMAL" SHALL MEAN ANY  SMALL  MAMMAL,  EXCLUDING
DOGS  OR  CATS,  INCLUDING  BUT  NOT  LIMITED TO, HAMSTERS, CHINCHILLAS,
GUINEA PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL  AMPHI-
BIANS  OR  REPTILES,  INCLUDING  BUT  NOT  LIMITED  TO FROGS, SNAKES AND
LIZARDS.
  2. EVERY PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF  THE  AGRI-
CULTURE  AND  MARKETS  LAW,  AS  WELL  AS  ANY RETAILER THAT SELLS SMALL
ANIMALS TO THE PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL  ACCESS  TO  THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS  FOR  THE  GENERALLY ACCEPTED CARE OF THE CLASS OF SUCH SMALL
ANIMAL, OBTAINED FROM SOURCES INCLUDING BUT NOT LIMITED TO  A  STATE  OR
NATIONAL: PROFESSIONAL ASSOCIATION ESTABLISHED TO FURTHER THE VETERINARY
PROFESSIONS;  ASSOCIATION  ESTABLISHED  FOR THE PRESERVATION AND CARE OF
REPTILES; OR  PET  INDUSTRY  ORGANIZATION  REPRESENTING  PET  RETAILERS,
INCLUDING  INFORMATION  ON  HOUSING, EQUIPMENT, SANITATION, ENVIRONMENT,
FEEDING AND WATERING, HANDLING, AND VETERINARY CARE. THIS WRITTEN INFOR-
MATION SHALL BE IN A FORM DETERMINED BY THE COMMISSIONER OF THE  DEPART-
MENT OF AGRICULTURE AND MARKETS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-09-5

A. 8058--B                          2

  3.  THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.
  4.  THE  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO THE PUBLIC
SHALL FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH  THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

senate Bill S5946

Signed By Governor
2015-2016 Legislative Session

Requires pet dealers to provide recommendations on the care of small animals

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 12, 2015 approval memo.19
Dec 11, 2015 signed chap.557
Nov 30, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.588
substituted for a8058b
Jun 16, 2015 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1648
Jun 12, 2015 referred to rules

S5946 - Bill Details

See Assembly Version of this Bill:
A8058B
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

S5946 - Bill Texts

view summary

Requires pet dealers to provide instructions on the care of small animals.

view sponsor memo
BILL NUMBER:S5946

TITLE OF BILL: An act to amend the general business law, in relation
to requiring pet dealers to provide instructions on the care of small
animals

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to ensure that new pet owners are provided
with written, detailed instructions on the care of small animals at
the time of their purchase from a dealer.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391 of the general business law
by adding a new section 391-t. Subdivision 1 (a) defines "small
animal" as any small mammal, excluding dogs or cats, including but not
limited to hamsters, chinchillas, guinea pigs, etc. (b) defines "pet
dealer" as set forth in section 400 of the agriculture and markets law
as well as any retailer that sells small animals to the public.

Subdivision 2 provides that every pet dealer shall deliver or provide
digital access to general written recommendations for the generally
accepted care of a small animal to a purchaser The instructions shall
be obtained from sources including but not limited to a state or
national veterinarian medical society, the American veterinarian
medical association, the United States Association of Reptile Keepers,
or the pet industry joint advisory council, including information on
housing, sanitation, feeding and watering, handling and veterinary
care. The bill also states that the pet dealer or retailer that
distributes such care instructions shall not be liable for any damages
caused by any erroneous information in that material unless a
reasonable person exercising ordinary care should have known of the
error causing the damage This section shall not apply to small animals
expressly sold as feeder animals. The written instructions provided to
the public shall be filled with the department of agriculture and
markets annually.

Section 2 provides for this act to take effect on the ninetieth day
after it shall have become law.

JUSTIFICATION:

When purchasing a small animal as a pet many new owners are not aware
of the full extent of associated responsibilities that go with taking
care of such animals. Small animals have varied nutritional and
physical needs, which may be unfamiliar to a new owner. For example,
both guinea pigs and rabbits have sensitive gastrointestinal tracts
that require special attention be paid to feeding and nutrition, while
hamsters are prone to 'wet tail' disease at a young age. To ensure
that recently purchased small animals receive the proper nutrition and
healthcare required, new pet owners shall be provided detailed
instructions obtained from a veterinarian or veterinarian
organization.

PRIOR LEGISLATIVE HISTORY:


None

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5946

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to  requiring  pet
  dealers to provide instructions on the care of small animals

  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 section
391-t to read as follows:
  S 391-T. SALE OF SMALL ANIMALS; INSTRUCTIONS ON CARE. 1.  AS  USED  IN
THIS  SECTION,  A  "SMALL ANIMAL" SHALL MEAN ANY SMALL MAMMAL, EXCLUDING
DOGS OR CATS, INCLUDING  BUT  NOT  LIMITED  TO,  HAMSTERS,  CHINCHILLAS,
GUINEA  PIGS, GERBILS, RABBITS, MICE, RATS, FERRETS AND ANY SMALL AMPHI-
BIANS OR REPTILES, INCLUDING  BUT  NOT  LIMITED  TO  FROGS,  SNAKES  AND
LIZARDS.
  2.  EVERY  PET DEALER, AS DEFINED IN SECTION FOUR HUNDRED OF THE AGRI-
CULTURE AND MARKETS LAW, AS  WELL  AS  ANY  RETAILER  THAT  SELLS  SMALL
ANIMALS  TO  THE  PUBLIC, SHALL DELIVER OR PROVIDE DIGITAL ACCESS TO THE
PURCHASER OF A SMALL ANIMAL, AT THE TIME OF SALE, GENERAL WRITTEN RECOM-
MENDATIONS FOR THE GENERALLY ACCEPTED CARE OF THE CLASS  OF  SUCH  SMALL
ANIMAL,  OBTAINED  FROM  SOURCES INCLUDING BUT NOT LIMITED TO A STATE OR
NATIONAL: PROFESSIONAL ASSOCIATION ESTABLISHED TO FURTHER THE VETERINARY
PROFESSIONS; ASSOCIATION ESTABLISHED FOR THE PRESERVATION  AND  CARE  OF
REPTILES;  OR  PET  INDUSTRY  ORGANIZATION  REPRESENTING  PET RETAILERS,
INCLUDING INFORMATION ON HOUSING,  EQUIPMENT,  SANITATION,  ENVIRONMENT,
FEEDING AND WATERING, HANDLING, AND VETERINARY CARE. THIS WRITTEN INFOR-
MATION  SHALL BE IN A FORM DETERMINED BY THE COMMISSIONER OF THE DEPART-
MENT OF AGRICULTURE AND MARKETS.
  3. THIS SECTION SHALL NOT APPLY TO THE SALE OF SMALL ANIMALS THAT  ARE
EXPRESSLY SOLD AS FEEDER ANIMALS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08958-11-5

S. 5946                             2

  4.  THE  PET DEALER OR RETAILER THAT SELLS SMALL ANIMALS TO THE PUBLIC
SHALL FILE A COPY OF THE WRITTEN INSTRUCTIONS ON CARE ANNUALLY WITH  THE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

assembly Bill A7983

Signed By Governor
2015-2016 Legislative Session

Authorizes the United Methodist Church of Port Washington to retroactively apply for a real property tax exemption

download bill text pdf

Sponsored By

Current Bill Status Via S5787 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 25, 2015 signed chap.355
Sep 15, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.586
substituted for a7983
Jun 18, 2015 substituted by s5787
Jun 17, 2015 ordered to third reading rules cal.586
rules report cal.586
reported
Jun 16, 2015 reported referred to rules
reported referred to ways and means
Jun 03, 2015 referred to real property taxation

A7983 - Bill Details

See Senate Version of this Bill:
S5787
Law Section:
Real Property Taxation

A7983 - Bill Texts

view summary

Authorizes the United Methodist Church of Port Washington to retroactively apply for a real property tax exemption.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7983

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2015
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to authorize  United  Methodist  Church  of  Port  Washington  to
  retroactively  apply  for  a  real  property tax exemption for certain
  property in the hamlet of Port Washington, county of Nassau

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
the assessor of the county of Nassau is hereby authorized to accept from
United Methodist Church of Port Washington, an application for exemption
from  real property taxes pursuant to section 420-a of the real property
tax law for the part of the 2014 assessment roll  with  respect  to  the
general  taxes,  the  2015  assessment  roll with respect to the general
taxes, and the 2016 assessment roll with respect to the  general  taxes,
and  for  the  part of the 2014-2015 assessment roll with respect to the
school taxes and the 2015-2016  assessment  roll  with  respect  to  the
school taxes for the parcel owned by such not-for-profit entity which is
located at 4 Harbor Hills Drive, in the hamlet of Port Washington, coun-
ty  of Nassau, otherwise known as Nassau county tax map section 4, block
9, lots 28-31. If accepted, the application shall be reviewed as  if  it
had  been  received on or before the taxable status date established for
such rolls.
  If satisfied that such not-for-profit organization would otherwise  be
entitled to such exemption if such not-for-profit organization had filed
an application for exemption by the appropriate taxable status date, the
assessor,  upon  approval  by  the  Nassau  county legislature, may make
appropriate correction to the subject rolls. If such exemption is grant-
ed and such organization,  therefore,  shall  have  paid  any  tax  with
respect  to  the  subject  rolls,  the  applicable governing body or tax
department may, in its sole discretion, provide for the refund of  those

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11369-03-5

A. 7983                             2

taxes  paid and cancel those taxes, fines, penalties, liens, or interest
remaining unpaid.
  S 2. This act shall take effect immediately.