Bill Text: NJ S3035 | 2018-2019 | Regular Session | Introduced


Bill Title: Regulates performance of pet grooming services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-10-15 - Introduced in the Senate, Referred to Senate Commerce Committee [S3035 Detail]

Download: New_Jersey-2018-S3035-Introduced.html

SENATE, No. 3035

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 15, 2018

 


 

Sponsored by:

Senator  ANTHONY R. BUCCO

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Regulates performance of pet grooming services.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning pet grooming and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

     "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.

     "Negligent performance of pet grooming" occurs when a pet experiences any of the following:

     (1)   an injury that required veterinary contact which was sustained while at a pet grooming facility;

     (2)   severe illness reasonably believed to be contracted while receiving pet grooming services;

     (3)   pet escape; or

     (4)   pet death.

     "Person" means a natural person or an organization, including a corporation, partnership, proprietorship, association, cooperative, or any other business entity.

     "Pet" means any animal placed in the care of a person who performs pet grooming services.

     "Pet grooming" means the act of bathing, brushing, clipping, or styling a pet.

 

     2.    a.  A person performing pet grooming services who is the subject of three or more complaints alleging the negligent performance of pet grooming and determined to be valid by the director, pursuant to section 3 of this act, within a period of one calendar year shall register on forms to be provided by the division in accordance with the provisions of this act. 

     b.    A person who is required to register under the provisions of this act shall remain registered for a period of one calendar year.  The registration requirement shall expire at the end of the calendar year, unless extended pursuant to subsection c. of this section.

     c.     For every complaint that is received and determined to be valid by the director while the person is registered pursuant to this section, the person shall be required to remain registered for one additional calendar year.

 

     3.    A pet owner who has been aggrieved by a person performing pet grooming services may file a complaint with the division alleging an incident constituting the negligent performance of pet grooming.  A pet owner shall file a complaint no later than 90 days after the alleged incident occurred.  The director shall investigate each complaint filed pursuant to this section to determine whether it is valid.  The director shall render a final disposition of the inquiry within 90 days of the date the complaint was filed.  In order to accomplish the objectives of this section, the director may hold investigative hearings as may be necessary and may issue subpoenas to compel the attendance of any person or the production of books, records, or other evidence.

 

     4.    a.  The director shall maintain and publish the registration by means of a list that contains the name, business address, municipality, and any other identifying information the director determines is necessary, of every person required to register pursuant to section 2 of this act.  The published registration list shall provide an explanation of every person's registration, including a description of the person's negligent performance of pet grooming, the calendar date the person first appeared on the registration list, and any other information the director determines is necessary.  The list shall be made available to the public and prominently displayed on an Internet website maintained by the division.

     b.    The director shall remove a registrant's name, business address, municipality, and any other information from the registration list after the registrant's applicable registration period has expired pursuant to section 2 of this act.

 

     5.    A person who is registered pursuant to section 2 of this act shall provide notification, in a form issued by the director, to every pet owner who engages the person in the performance of pet grooming services.  In addition, the person shall conspicuously post the notification in a place or places accessible to all consumers in any facility used by the person to perform pet grooming services.  The requirements of this section shall apply only during the period of time which the person is registered.

 

     6.    The director shall establish and undertake a public awareness campaign to ensure that the public, pet owners, and persons who perform pet grooming services in this State are educated and informed of the provisions of this act, including the provisions concerning the registration requirement, complaint process, and penalties.  The public awareness campaign shall include, but not be limited to, the preparation, printing and distribution of booklets, pamphlets, or other written and digital pertinent information.

 

     7.    a.  It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate any provision of this act.

     b.    In addition to any other penalty provided by law, a person is liable for a penalty of $1,000 per day for each day that the person continues to perform pet grooming services without registering as required under this act.  The penalty shall be collected by the director in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     8.    This act shall take effect on the 90th day after the date of enactment.

 

 

STATEMENT

 

     This bill requires a person who is found to have negligently performed pet grooming services to register with the Division of Consumer Affairs in the Department of Law and Public Safety.

     The bill provides that a person performing pet grooming services who is the subject of three or more consumer complaints alleging the negligent performance of pet grooming, and determined to be valid by the Director of the Division of Consumer Affairs, within a period of one calendar year must register in accordance with the provisions of the bill. 

     For the purposes of the bill, the negligent performance of pet grooming occurs when a pet experiences any of the following:

     (1)   an injury that required veterinary contact which was sustained while at a pet grooming facility;

     (2)   severe illness reasonably believed to be contracted while receiving pet grooming services;

     (3)   pet escape; or

     (4)   pet death.

     A person who is required to register under the provisions of this bill will remain registered for a period of one calendar year.  The registration requirement expires at the end of the calendar year, unless extended.  For every complaint that is received and determined to be valid by the director while the person is registered, the person will be required to remain registered for one additional calendar year.

     The bill provides that a pet owner who has been aggrieved by a person performing pet grooming services may file a complaint with the division alleging an incident constituting the negligent performance of pet grooming.  A pet owner must file a complaint no later than 90 days after the alleged incident occurred.  The director will investigate each complaint filed to determine whether it is valid.  The director must render a final disposition of the inquiry within 90 days of the date the complaint was filed.  The bill also provides that the director may hold investigative hearings as may be necessary and may issue subpoenas to compel the attendance of any person or the production of books, records, or other evidence.

     The director will maintain and publish the registration required by the bill by means of a list that contains the name, business address, municipality, and any other identifying information the director determines is necessary, of every person required to register.  The published registration list will provide an explanation of every person's registration, including a description of the person's negligent performance of pet grooming, the calendar date the person first appeared on the registration list, and any other information the director determines is necessary.  The list must be made available to the public and prominently displayed on an Internet website maintained by the division.  The director must remove a registrant's name, business address, municipality, and any other information from the registration list after the registrant's applicable registration period has expired.

     A person who is registered pursuant to the provisions of the bill must provide notification, in a form issued by the director, to every pet owner who engages the person in the performance of pet grooming services.  In addition, the person must conspicuously post the notification in a place or places accessible to all consumers in any facility used by the person to perform pet grooming services. 

     The bill requires the director to establish and undertake a public awareness campaign to ensure that the public, pet owners, and persons who perform pet grooming services in this State are educated and informed of the provisions of the bill, including the provisions concerning the registration requirement, complaint process, and penalties.  The public awareness campaign must include, but not be limited to, the preparation, printing and distribution of booklets, pamphlets, or other written and digital pertinent information.

     Finally, the bill provides that it is an unlawful practice and a violation of the New Jersey consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), to violate any provision of the bill.  In addition, a person is liable for a penalty of $1,000 per day for each day that the person continues to perform pet grooming services without registering as required under the bill.

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