S3478-2011 Actions

• Jan 24, 2012: PRINT NUMBER 3478B
• Jan 24, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 13, 2012: PRINT NUMBER 3478A
• Jan 13, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Feb 23, 2011: REFERRED TO AGRICULTURE

S3478-2011 Memo

BILL NUMBER:S3478

TITLE OF BILL:
An act to amend the agriculture and markets law and the general business
law, in relation to penalties and fees for pet dealers

PURPOSE OR GENERAL IDEA OF BILL:
To increase the
amount of a civil penalties that may be imposed for certain violations
of the agriculture and markets law, and the general business law, that
pertain to care and sale of dogs and cats in order to obtain compliance
with the such laws

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends
section 404 of the agriculture and markets law by adding a new
subdivision 6 which provides that the refusal, suspension, or revocation
of a pet dealer's license under section 404 shall not prevent the
levying of additional civil penalties.

Section two amends subdivision 2 of section 406 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, by increasing
the maximum dollar amount that a civil penalty for a violation of any
provision of article 26-A of the agriculture and markets law shall be
from one thousand dollars to two thousand five hundred dollars. When
determining the amount of the penalty, the commissioner may consider the
severity of the violation and the sales volume of the licensee in
violation in addition to any other factor that he or she deems
appropriate.

Section three amends subdivision 1 of section 755 of the general
business law, as amended by chapter 259 of the laws of 2000, by
increasing the maximum dollar amount that a civil penalty for a
violation of any provision of article 35-D of the general business law
shall be from one thousand dollars to two thousand five hundred dollars.

Section four provides the effective date.

JUSTIFICATION:
Currently, when a breeder or seller of
dogs and cats is found to have violated the law that applies to the
breeding and sale of such animals, unless the offense is egregious, a
warning is issued and a re-inspection is scheduled. If, however, there
is a record of multiple failed inspections, at the recommendation of the
State Veterinarian, the Department of Agriculture and Markets (NYSDAM)
will often pursue an enforcement action via an administrative hearing.
Though the State Administrative Procedures Act allows a person, even
someone who is operating a business with egregious violations - short of
criminal cruelty - to remain in business until ail administrative
procedures are exhausted, a hearing is time consuming and expensive.

Penalties, or the threat of penalties, are a tool to encourage those who
are out of compliance, and yet not correcting their violations, to come
into compliance with the law. Higher penalty fees will be an even
stronger incentive to promote compliance.

PRIOR LEGISLATIVE HISTORY:
A.10784, 2010 referred to
Codes. Same as S.7587 (Oppenheimer), 2010 passed senate.

FISCAL IMPLICATION:
Potential for increased revenue from increased civil penalties.

EFFECTIVE DATE:
This act shall take effect April 1,
2012; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

S3478-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3478
 2011-2012 Regular Sessions
 I N  SENATE
 February 23, 2011
 
 Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
 when printed to be committed to the Committee on Agriculture
 

AN ACT to amend the agriculture and markets law and the general business
 law, in relation to penalties and fees for pet dealers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 404 of the agriculture and markets law is amended
 by adding a new subdivision 6 to read as follows:

 6. THE REFUSAL, SUSPENSION, OR REVOCATION OF A  PET  DEALER'S  LICENSE
 UNDER  THIS  SECTION  SHALL  NOT PREVENT THE LEVYING OF ADDITIONAL CIVIL
 PENALTIES, AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE,  FOR
 VIOLATIONS.
 

S  2. Subdivision 2 of section 406 of the agriculture and markets law,
 as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
 follows:

 2. Violation of any provision of this article, is a civil offense, for
 which  a  penalty of not less than fifty dollars and not more than [one]
 TWO thousand FIVE HUNDRED dollars for each violation may be imposed. THE
 COMMISSIONER SHALL, AMONG OTHER FACTORS HE  OR  SHE  DEEMS  APPROPRIATE,
 CONSIDER  THE  SEVERITY  OF  THE  VIOLATION  AND THE SALES VOLUME OF THE
 LICENSEE IN VIOLATION IN DETERMINING THE AMOUNT OF THE PENALTY.
 

S 3. Subdivision 1 of section 755 of  the  general  business  law,  as
 amended  by  chapter  259  of  the  laws  of 2000, is amended to read as
 follows:

 1. In addition to the other remedies provided, whenever there shall be
 a violation of this article, application may be  made  by  the  attorney
 general in the name of the people of the state of New York to a court or
 justice  having jurisdiction by a special proceeding to issue an injunc
 tion, and upon notice to the defendant of not less than  five  days,  to
 enjoin  and restrain the continuance of such violations; and if it shall
 appear to the satisfaction of the court or justice  that  the  defendant
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00761-01-1
 
       S. 3478                             2
 has, in fact, violated this article, an injunction may be issued by such
 court or justice, enjoining and restraining any further violation, with
 out  requiring  proof  that  any  person  has,  in fact, been injured or
 damaged  thereby.  In any such proceeding, the court may make allowances
 to the attorney general as provided in paragraph six of subdivision  (a)
 of  section  eighty-three  hundred  three  of the civil practice law and
 rules, and direct restitution. Whenever the court shall determine that a
 violation of this article has occurred, the court  may  impose  a  civil
 penalty of not less than fifty dollars and not more than [one] TWO thou
 sand FIVE HUNDRED dollars. In connection with any such proposed applica
 tion, the attorney general is authorized to take proof and make a deter
 mination of the relevant facts and to issue subpoenas in accordance with
 the civil practice law and rules.
 

S 4. This act shall take effect April 1, 2012; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec
 tive  date  are  authorized  and directed to be made and completed on or
 before such effective date.

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