Relates to administrative hearings and processes as they apply to pet dealers.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Sampson
Excused (1): Montgomery
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to administrative hearings and processes for pet dealers
PURPOSE OR GENERAL IDEA OF BILL: To protect dogs and cats from abusive treatment by pet dealers by requiring that administrative hearings be held to determine whether a pet dealer license should be suspended or revoked after a certain pattern of failed inspections has occurred
SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 4 of section 404 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, by providing that a hearing shall be held if a licensee has failed to correct deficiencies of a critical nature, in the sole discretion of the department, to consider whether suspension or revocation of the license is warranted. Nothing in this section shall prohibit the commissioner from taking additional actions as otherwise permitted by this section regarding such licenses prior to the occurrence of three consecutive inspections in which the licensee has failed to correct deficiencies of a critical nature.
Section two provides the effective date.
JUSTIFICATION: Currently, subdivision 4 of Section 404 of the agriculture and markets law provides that before a pet dealer license can be suspended or revoked, the commissioner, or a designee of the commissioner, shall hold a hearing. However, the law does not give guidance as to when a hearing should be held. Often animals are subjected to poor, or even abusive, conditions for too long a time while pet dealers are given warnings and multiple inspections occur.
This legislation mandates an administrative hearing after having three consecutive inspections in which the licensed pet dealer has failed to correct critical violations. By requiring hearings, the bad actors those who have a pattern of being out of compliance with the laws that apply to the care of animals -- will have their licenses suspended or revoked in a timely way, preventing them from further mistreating the animals in their care.
Importantly, this bill also allows the commissioner to take any additional actions regarding a pet dealer's license prior to a licensee having three consecutive inspections with critical violations. This provision gives the commissioner the ability to quickly prevent the most egregious practices from continuing.
PRIOR LEGISLATIVE HISTORY: A.77-B, 2011 and 2012 passed assembly. Same as S.3479-C (Oppenheimer), 2011 and 2012 ordered to agriculture. A.10906, 2010 ordered to third reading rules calendar. Same as S.7655 (Oppenheimer), 2010 passed senate.
FISCAL IMPLICATION: None.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3955--A 2013-2014 Regular Sessions IN SENATE February 28, 2013 ___________Introduced by Sens. GRISANTI, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, in relation to adminis- trative hearings and processes for pet dealers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 404 of the agriculture and markets law, as added by chapter 259 of the laws of 2000, is amended to read as follows: 4. Before any license shall be suspended or revoked, the commission- er, or any hearing officer he or she may designate, shall hold a hear- ing, upon due notice to the licensee, in accordance with any regulations promulgated by the department and in accordance with articles three and four of the state administrative procedure act. WHERE A LICENSEE HAS THREE CONSECUTIVE INSPECTIONS IN WHICH THE LICENSEE HAS FAILED TO CORRECT DEFICIENCIES OF A CRITICAL NATURE, PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL HOLD A HEARING TO CONSIDER THE SUSPENSION OR REVOCA- TION OF THE PET DEALER LICENSE. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM TAKING ADDITIONAL ACTIONS AS OTHERWISE PERMITTED BY THIS SECTION REGARDING SUCH LICENSES PRIOR TO THE OCCURRENCE OF THREE CONSECUTIVE INSPECTIONS IN WHICH THE LICENSEE HAS FAILED TO CORRECT DEFICIENCIES OF A CRITICAL NATURE. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04486-10-3