S3478A-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

S3478A-2011 Memo

BILL NUMBER:S3478A

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,
2013; 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.

S3478A-2011 Text

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

                                   3478--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 23, 2011
                                 ___________

  Introduced  by Sens. OPPENHEIMER, LANZA -- read twice and ordered print-
    ed, and when printed to be committed to the Committee  on  Agriculture
    --  recommitted  to  the  Committee  on Agriculture in accordance with
    Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
    reprinted as amended and recommitted to said committee

  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00761-02-2

 S. 3478--A                          2

  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
  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, 2013; 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.