NY State Senate Bill 2011-S3478B

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
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 04, 2012	referred to agriculture
Feb 23, 2011	referred to agriculture

Bill Amendments

co-Sponsors

2011-S3478 - Details

See Assembly Version of this Bill:: A286
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§404 & 406, Ag & Mkts L; amd §755, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7587, A10784
2013-2014: A499
2015-2016: A1181

2011-S3478 - Summary

Relates to penalties and fees for pet dealers and their violations.

2011-S3478 - Sponsor 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.

2011-S3478 - Bill Text download pdf

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

                                  3478

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

co-Sponsors

2011-S3478A - Details

See Assembly Version of this Bill:: A286
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§404 & 406, Ag & Mkts L; amd §755, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7587, A10784
2013-2014: A499
2015-2016: A1181

2011-S3478A - Summary

Relates to penalties and fees for pet dealers and their violations.

2011-S3478A - Sponsor 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.

2011-S3478A - Bill Text download pdf

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

                                 3478--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

co-Sponsors

2011-S3478B (ACTIVE) - Details

See Assembly Version of this Bill:: A286
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§404 & 406, Ag & Mkts L; amd §755, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7587, A10784
2013-2014: A499
2015-2016: A1181

2011-S3478B (ACTIVE) - Summary

Relates to penalties and fees for pet dealers and their violations.

2011-S3478B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3478B

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
are-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 on the one hundred twentieth day after it
shall have become law; 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 to be made on or before such effective date.

2011-S3478B (ACTIVE) - Bill Text download pdf

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

                                 3478--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00761-06-2

S. 3478--B                          2

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
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 on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized to be made on or before such effective date.

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Senate Bill S3478B

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

co-Sponsors

2011-S3478 - Details

2011-S3478 - Summary

2011-S3478 - Sponsor Memo

2011-S3478 - Bill Text download pdf

co-Sponsors

2011-S3478A - Details

2011-S3478A - Summary

2011-S3478A - Sponsor Memo

2011-S3478A - Bill Text download pdf

co-Sponsors

2011-S3478B (ACTIVE) - Details

2011-S3478B (ACTIVE) - Summary

2011-S3478B (ACTIVE) - Sponsor Memo

2011-S3478B (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S3478B

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

co-Sponsors

Andrew J. Lanza

2011-S3478 - Details

2011-S3478 - Summary

2011-S3478 - Sponsor Memo

2011-S3478 - Bill Text download pdf

co-Sponsors

Andrew J. Lanza

2011-S3478A - Details

2011-S3478A - Summary

2011-S3478A - Sponsor Memo

2011-S3478A - Bill Text download pdf

co-Sponsors

Andrew J. Lanza

2011-S3478B (ACTIVE) - Details

2011-S3478B (ACTIVE) - Summary

2011-S3478B (ACTIVE) - Sponsor Memo

2011-S3478B (ACTIVE) - Bill Text download pdf

Comments