senate Bill S3955A

Signed by Governor

Relates to administrative hearings and processes for pet dealers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 28 / Feb / 2013
    • REFERRED TO AGRICULTURE
  • 23 / Apr / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 23 / Apr / 2013
    • PRINT NUMBER 3955A
  • 30 / Apr / 2013
    • 1ST REPORT CAL.456
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • PASSED SENATE
  • 07 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2013
    • REFERRED TO CODES
  • 05 / Jun / 2013
    • SUBSTITUTED FOR A1205A
  • 05 / Jun / 2013
    • ORDERED TO THIRD READING CAL.453
  • 11 / Jun / 2013
    • PASSED ASSEMBLY
  • 11 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.256

Summary

Relates to administrative hearings and processes as they apply to pet dealers.

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Bill Details

See Assembly Version of this Bill:
A1205A
Versions:
S3955
S3955A
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง404, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A77B, S3479C, A77B
2009-2010: A10906, S7655, A10906

Sponsor Memo

BILL NUMBER:S3955A

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.


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

                                 3955--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

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