Legislation

National laws originate as bills in the US Congress, either in the House of Representatives (thus an "H.R." designation) or in the Senate (thus a "S." designation). A bill must be passed by both the House and Senate and then be signed by the President before it becomes law. Bill numbers restart from 1 every two years. Each two-year cycle is called a session of Congress. So a bill created in the 2009-2010 session of Congress would be designated under the 111th Congress, in 2009-2010. The titles of bills are written by the bill's sponsor and are a part of the legislation itself. Similarly state bills originate in either the Senate (thus an "S." designation) or in the Assembly (thus an "A." designation). Local bills are referred to as Resolutions (thus a resolution originating in New York City would be "NYC Resolution No.").

 

Before you jump on any bandwagon, read any bill carefully, as well as responses to the bill. You can track the progress of a national bill at www.govtrack.us and the progress of a state bill at http://public.leginfo.state.ny.us.

 

Retail Pet Rule

SEPTEMBER 10, 2013 -- The following information was put out by USDA clarifying birds and the "Retail Pet Rule". Since the proposed rulemaking establishing standards for birds is still in the development and review process and has not been finalized, this rule will not impact birds at this time.

 

Please read through the links to familiarize yourselves with the current status on the rules.

 

 

 

JANUARY 4, 2012 - Bills A01767A/S01253A, which relates to the sale of birds by pet dealers when such birds have not been fully weaned, were reintroduced the NY State Senate and Assembly Agriculture Committees. Parrot people who are interested in showing their support may want to send letters/emails to their State Senators and Assembly Members.

 

Suffolk County Creates Animal Abuser Registry 

OCTOBER 15, 2010 - Suffolk County moved this week to create the nation's first animal abuse registry, requiring people convicted of cruelty to animals to register or face jail time and fines. "We know there is a very strong correlation between animal abuse and domestic violence," said Suffolk County legislator Jon Cooper, the bill's sponsor. "Almost every serial killer starts out by torturing animals, so in a strange sense we could end up protecting the lives of people."

 

The online list will be open to the public, so that pet owners or the merely curious can find out whether someone living near them is on it.  Some animal abusers have been known to steal their neighbors' pets. Mr. Cooper is also pushing legislation that would bar anyone on the registry from buying or adopting a pet from a shelter, pet shop or breeder.

 

Animal welfare activists hope the law, passed unanimously on Tuesday, will inspire governments nationwide in the same way Megan's Law registries for child molesters have proliferated in the past decade. A spokesman for county Executive Steve Levy said he intends to sign the legislation. It then requires a 30-day review by state officials before it goes on the books. - Associated Press

HR669 Nonnative Wildlife Invasion Prevention Act 

MAY 2009 - HR669 Nonnative Wildlife Invasion Prevention Act 111th Congress, 2009-2010.  The stated purpose of this Act is to establish a risk assessment process to prevent the introduction into, and establishment in, the United States of nonnative wildlife species that will cause or are likely to cause economic or environmental harm or harm to other animal species' health or human health, and for other purposes.

Will it affect our status as companion bird keepers?  Links to the text of the bill itself, as well as to the responses of other reputable sources including World Parrot Trust, are listed below.

 

To read the original text of the bill, click on the link: http://www.govtrack.us/congress/billtext.xpd?bill=h111-669

 

For the WPT's perspective:  http://scienceblogs.com/grrlscientist/2009/05/world_parrot_trust_speaks_out.php

 

These are the appropriate committee members, and their stated positions as of 4/22/09.

  Henry Brown (R-SC)

202/225-3176 - Opposes the bill, most vocal opposition on the subcommittee, USARK did a great job with Rep Brown!!

  Neil Abercrombie (D-HI)

202/225-2726 - Co-Sponsor of the Bill, For it, One staffer told me personally that “it’s going to pass”

  Donna M. Christensen (NP-Virgin Islands)

202/225-1790 - Undecided at this time

  William Cassidy (R-LA)

202/225-3901 - Undecided at this time (we need to keep calling and asking for his help!!!)

  Frank J. Pallone, Jr. (D-NJ)

202/225-4671 - For it

  Douglas L. Lamborn (R-CO)

202/225-4422 - Undecided at this time

  Lois Capps (D-CA)

202/225-3601 - Undecided at this time

  Doc Hastings (R-WA)

202/225-5816 - Undecided at this time

  Jason Chaffetz (R-UT)

202/225-7751 - Strongly opposed!!!

  Diana L. DeGette (D-CO)

202/225-4431 - Undecided at this time

  Donald E. Young (R-AK)

202/225-5765 - Undecided at this time

  Eni F.H. Faleomavaega (NP – American Samoa)

202/225-8577 - Undecided at this time

  Jeff Flake (R-AZ)

202/225-2635 - Likely to oppose

  Robert J. Wittman (R-VA)

202/225-4261 - Opposed

  Ronald James Kind (D-WI)

202/225-5506 - Co-Sponsor, For it

  John Fleming (R-LA)

202/225-2777 - Undecided at this time

  Carol Shea-Porter (D-NH)

202/225-5456 - Undecided at this time. Reports that staffers seem agitated by calls.

  Pedro R. Pierluisi (NP-Puerto Rico)

202/225-2615 - Undecided at this time

  Gregorio Sablan (I- Mariana Islands)

202/225-2646 - Co-Sponsor, For it

  Nick Joe Rahall, II (D-WV)

202/225-3452 - Undecided at this time

  Dale E. Kildee (D-MI)

202/225-3611 - Co-Sponsor of the Bill, was For it but due to the volume of calls in opposition is “re-thinking” his position. GET ON HIM!! This can make a huge difference!!!

  Frank M. Kratovil, Jr. (D-MD)

202/225-5311 - Undecided at this time, Spoke to Legislative staffers and they are very interested in the businesses that would be hurt and why there is such strong opposition.

  Madeleine Z. Bordallo (Ch)

(NP-Guam)

202/225-1188 - Sponsor of the Bill, For it, Staffers telling people that they are over reacting and that their pets will be safe

QUAKERS 

FEBRUARY 20, 2013 - Protect NY’s Quaker Parrots The office of NYS Assembly Member Linda Rosenthal has pre-filed a 2013 introduction of the 2 Assembly bills relating to aviculture.  1) the first is A00738, regarding the sale of unweaned birds, will be immediately referred to the Assembly Committee on Agriculture, and 2) the second is A01073, which makes Monk (Quaker) parakeets protected birds in NY will be immediately referred to the Assembly Environmental Conservation Committee. If you wish to make your voice heard on either of these bills please write or email your local NY State Assembly member.

 

JANUARY 4, 2012 - Bills S0255/A01718, to make Monk (Quaker) parakeets protected birds, were reintroduced the NY State Senate and Assembly Environmental Conservation Committees. Parrot people who are interested in showing their support may want to send letters/emails to their State Senators and Assembly Members.

 

JULY 2011 - GOOD NEWS. NYS Assembly Member Linda Rosenthal of Manhattan has stepped up and become the Assembly sponsor of the proposed Monk Parakeet Protection Act, Bill A08526. The NYS Senate counterpart is S01246, which has been sponsored for several months now by NYS Senator Joe Addabbo.

 

JANUARY 11, 2011 - NYS Assembly Member Rosenthal introduced the following quaker legislation into the State Assembly on 1/11/11:

 

A01767 Relates to the sale of birds by pet dealers (and referred to the Assembly Agriculture Committee)

A01718 Makes Monk (Quaker) parakeets protected birds (referred to the Assembly Environmental Conservation Committee)

 

If you wish to send letters regarding this legislation, the following addresses may be useful:

  • Hon. Linda B. Rosenthal, 230 West 72nd St., 2nd Fl., Suite 2F, New York, NY 10023
  • Hon. William Magee, Chair NYS Assembly Agriculture Committee, 214 Farrier Ave., Oneida, NY 13421
  • Hon. Audrey Pheffer, Chair, Assembly Consumer Affairs Comm., 108-14 Crossbay Blvd., Ozone Park, NY 11417
  • Hon. Robert Sweeney, Chair, Assembly Environmental Conservation Comm., 640 West Montauk Hwy., Lindenhurst, NY 11757-3708.

JANUARY 6, 2011 - NY State Senator Joseph Addabbo, Jr., reintroduced the following bills on in the NY State Senate (please note the new bill numbers):

  • S01255 Makes Monk (Quaker) parakeets, protected birds (also cosponsored by Sen. Perkins)
  • S01246 Enables the "monk parakeet protection act"

(Both above have already been referred to the NY State Senate Environmental Conservation Committee)

S01253 Relates to the sale of birds by pet dealers (referred to the NY State Senate Agriculture Committee)

 

If you are interested in writing a friendly letter of support the following addresses may be of use: NY State Sen. Joseph P. Addabbo, Jr., 159-53 102nd Street, Howard Beach, NY 11414.

Your local NY State Senator.

The new Chairs of the State Senate Agriculture and Environmental Conservation Committees:

  • Sen. Mark Grisanti  (grisanti@nysenate.gov) - The NY Senate Chair of the Environmental Conservation Committee
  • Sen. Patty Ritchie, (ritchie@nysenate.gov), 315-782-3418 - Chair of the Senate Agriculture & Markets Committee

 

At the time of this post, quaker legislation has not been reintroduced in the State Assembly.

  • A7688A (Makes Monk Parakeets protected birds)
  • A7694C (the sale of birds in pet shops).

 

If you are interested in pursuing such legislation in the State Assembly the following addresses may be of use:

  • Hon. Linda B. Rosenthal, 230 West 72nd St., 2nd Fl., Suite 2F, New York, NY 10023
  • Hon. William Magee, Chair NYS Assembly Agriculture Committee, 214 Farrier Ave., Oneida, NY 13421
  • Hon. Audrey Pheffer, Chair, Assembly Consumer Affairs Comm., 108-14 Crossbay Blvd., Ozone Park, NY 11417
  • Hon. Robert Sweeney, Chair, Assembly Environmental Conservation Comm., 640 West Montauk Hwy., Lindenhurst, NY 11757-3708.

JUNE 2010 - An email from Steven Jay Sanford (Director, Office of Invasive Species Coordination, NYSDEC), indicated that “the New York Invasive Species Council published a draft of A Regulatory System for Non-native Species for public review from March 31 through May 14 of 2010. In response to the [25] comments received, the report was revised to clarify the role of the Advisory Committee in the development and review of future regulatory lists. The final version of the report is available on-line at the same address as was the draft: http://www.dec.ny.gov/animals/63402.html A summary of the comments received and the responses from the Council is included as Appendix N.”

 

The Summary of submitted comments in Appendix N, includes the following quote:

 

One comment asked how a specific regulatory listing could be contested. Lists could be contested in several ways. First, any concerned person could approach the Advisory Committee organizations or Council agencies early in the list development process. Next, once the proposed list is published during the normal regulatory promulgation process, concerns could be expressed during the formal comment period. Finally, any member of the public could appeal the regulatory status of a particular species or request that a species be added by making a written request directly to the Co-Chairs of the Council.

 

At present, Quaker parrots, Nanday conures, and Ringneck parakeets remain on Appendix J, though not as a priority study bird. As such study of these birds for “invasiveness or non-invasiveness” is not a current priority. Thus these parrot species have not been exempted from regulation nor have they received any type of protected status at this time. This status may or may not change as future lists are developed.

MARCH 31, 2010 - The New York Invasive Species Council released a report for public comment (http://www.dec.ny.gov/animals/63402.html). The report does not propose a listing for Monk Parakeet.  Rather, the monk parakeet is listed (in Appendix J, line 59 on p. 114, under Assessment Priorities), as a species that should be assessed via the recommended process.  You will note that monk parakeet does not have an asterisk indicating it has not been identified as a priority for the initial assessments. Basically, the Council feels that the Quakers do not pose enough of an environmental threat to be studied right now, nor categorized.

Interested people may want to go to the web site (http://www.dec.ny.gov/animals/63402.html), read the report, and comment.

Those who comment may or may not want to suggest that the Monk (use Monk since the State does) remain as an unregulated species. It is possible that if Quakers are legally  categorized as unregulated, they may avoid documentation as invasive, or they may be reprioritized to reduce  scrutiny by NYSDEC. However, without any laws protecting wild Monks, these birds may continue being the subject of poaching and inhumane nest take-downs.

At present a Monk Parakeet Protection Act is being developed to afford some protection to wild-born Quakers. Just like the County and City of San Francisco afforded their wild Conures a degree of protection years ago, the state of NY can provide protection to wild Quakers here. Such protection would need to be offered by the state, as Quakers are documented in NYC’s 5 boroughs and other areas, most notably lower Westchester. Any Quakers presently living in Nassau or Suffolk Counties need to be documented immediately, to assist ongoing initiatives.

MARCH 2010 UPDATE - NYS Bills S4131A/A7688A, to protect the colonies of wild Quaker parakeets in New York State, were reintroduced into the Senate and Assembly on Monday, March 22, and immediately recommitted to the respective Environmental Conservation Committees.  The letters received from various organizations (including 2 from Dr. Raymond, LIPS President) to the key politicians were very helpful!  The biggest opponent was PIJAC, the Pet Industry Joint Advisory Council. The wording of the bill was revised to address issues raised by PIJAC.  If you would like to see the bill as it stands now, go to http://open.nysenate.gov/legislation/bill/S4131A.

 

SEPTEMBER 2009 - The Monk parakeet bill (S4131) and the sales of birds by pet dealers (S4130) will have to be addressed next year since neither Senate house could bring the bills to the floor. S4130 and s4131 remain in the Codes committee (chaired by Sen. Eric Schneiderman).

 

As of JUNE 2009, Resolution 1872 was in the Environmental Protection Committee.

Persons interested in commenting on this resolution (and one does not have to be a NYC resident) may write to:

1.  Hon. Tony Avella, 38-50 Bell Blvd., Suite C, Bayside, NY 11361

2.  Hon. James F. Gennaro, Chair, Env. Prot. Committee, 185-10 Union Tpke., Fresh Meadows, NY 11366.

 

APRIL/MAY 2009 - S.4131/A07688, introduced in April and May, 2009, are the bills to amend the environmental conservation law, in relation to make (wild) psittacine birds, especially (wild) Monk (Quaker) parakeets, protected birds. Both bills have been since referred to the Senate and Assembly EnCon Committees, and the Senate bill has been further referred to the Codes Committee.  To view the text of the bill, copy one of the bill numbers shown above, paste this number in the box presented when you click here or go to http://public.leginfo.state.ny.us/

 

Individuals wishing to comment on either or both sets of bills should write to their local State Senator and local State Assembly member, asking them to support the bills and become a co-sponsor. In addition, copies of those letters should be sent to:

1.  Hon. Linda B. Rosenthal, NY State Assembly Member, 230 West 72nd Street, 2nd Floor, Suite 2F, New York, NY 10023

2.  Hon. Joseph P. Addabbo, Jr., NY State Senator, 159-53 102nd Street, Howard Beach, NY 11414

 

APRIL/MAY 2009 - S.4130A/A07694A, also introduced in April and May, are the bills that relate to the sale of birds by pet dealers, and aim to amend SS401 & 402 of the Agriculture & Markets Law, amend Article 35D Article Heading, and SS751, 752, 753-a & 753-b of the General Business Law. The Senate bill has since been referred to the Senate Consumer Protection and Codes Committees, and the Assembly bill has been referred to the Agriculture & Markets Committee.  To view the text of the bill, copy one of the bill numbers shown above, paste this number in the box presented when you click here or go to http://public.leginfo.state.ny.us/

Individuals wishing to comment on either or both sets of bills should write to their local State Senator and local State Assembly member, asking them to support the bills and become a co-sponsor. In addition, copies of those letters should be sent to:

1.  Hon. Linda B. Rosenthal, NY State Assembly Member, 230 West 72nd Street, 2nd Floor, Suite 2F, New York, NY 10023

2.  Hon. Joseph P. Addabbo, Jr., NY State Senator, 159-53 102nd Street, Howard Beach, NY 11414

 

MARCH 2009 - Resolution 1872 - to add Quaker parrots to the list of “protected birds”.  

NYC Council Resolution No. 1872-2009, introduced March 24, 2009, co-sponsored by NYC Council Members Tony Avella and Annabel Palma.  Calls for NY State to amend the Environmental Conservation Laws to make wild Quaker parrots protected, and calls upon NYC agencies to humanely relocate/remove nests if necessary.

Persons interested in commenting on this resolution (and one does not have to be a NYC resident) may write to:

1.  Hon. Tony Avella, 38-50 Bell Blvd., Suite C, Bayside, NY 11361

2.  Hon. James F. Gennaro, Chair, Env. Prot. Committee, 185-10 Union Tpke., Fresh Meadows, NY 11366.