Relates to administrative hearings and processes as they apply to pet dealers.
Ayes (2): Montgomery, Breslin
Ayes W/R (7): Aubertine, Stachowski, Valesky, Young, Seward, Winner, Ranzenhofer
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7655
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 must be held if a licensee fails either three consecutive inspections or three inspections in a three year period. The commissioner may take additional actions prior to failure by a licensee of ether three consecutive inspections or three inspections in a three year period.
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 three failed inspections in a row or three failed inspections within a three year period. 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 failing either three consecutive inspections or three inspections in a three year period. This provision gives the commissioner the ability to quickly prevent the most egregious practices from continuing.
PRIOR LEGISLATIVE HISTORY : This is a new bill.
FISCAL IMPLICATION : None.
EFFECTIVE DATE : This act shall take effect April 1, 2011; 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.
STATE OF NEW YORK ________________________________________________________________________ 7655 IN SENATE April 29, 2010 ___________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, 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. SUCH A HEARING IS MANDATED TO BE HELD IF A LICENSEE FAILS EITHER THREE CONSECUTIVE INSPECTIONS PURSUANT TO THIS SECTION OR THREE INSPECTIONS IN A THREE YEAR PERIOD PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER FROM TAKING ADDITIONAL ACTIONS REGARDING SUCH LICENSES PRIOR TO FAILURE BY A LICENSEE OF EITHER THREE CONSECUTIVE INSPECTIONS OR THREE INSPECTIONS IN A THREE YEAR PERIOD. S 2. This act shall take effect April 1, 2011; 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15726-04-0