NY State Senate Bill 2011-S3479C

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2012	print number 3479c
Jan 24, 2012	amend and recommit to agriculture
Jan 11, 2012	print number 3479b
Jan 11, 2012	amend and recommit to agriculture
Jan 04, 2012	referred to agriculture
May 03, 2011	print number 3479a
May 03, 2011	amend and recommit to agriculture
Feb 23, 2011	referred to agriculture

Bill Amendments

Original

C (Active)

2011-S3479 - Details

See Assembly Version of this Bill:: A77
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §404, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7655, A10906
2013-2014: S3955, A1205

2011-S3479 - Summary

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

2011-S3479 - Sponsor Memo

                                BILL NUMBER:S3479

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:

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 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-S3479 - Bill Text download pdf

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

                                  3479

                       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, 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,  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00763-01-1

2011-S3479A - Details

See Assembly Version of this Bill:: A77
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §404, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7655, A10906
2013-2014: S3955, A1205

2011-S3479A - Summary

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

2011-S3479A - Sponsor Memo

                                BILL NUMBER:S3479A

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
weather 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 fails wither three consecutive
inspections or three inspections in a three year
period to consider whether suspension or revocation of the
license is warranted.  The commissioner may take additional actions
prior to failure by a licensee of either 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:
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 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-S3479A - Bill Text download pdf

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

                                 3479--A

                       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  --
  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
FAILED EITHER THREE CONSECUTIVE INSPECTIONS PURSUANT TO THIS SECTION, OR
THREE  INSPECTIONS  IN  A  THREE YEAR PERIOD PURSUANT TO THIS SECTION, A
HEARING SHALL BE HELD TO CONSIDER WHETHER SUSPENSION  OR  REVOCATION  OF
THE  LICENSE  IS WARRANTED.   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,  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00763-03-1

2011-S3479B - Details

See Assembly Version of this Bill:: A77
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §404, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7655, A10906
2013-2014: S3955, A1205

2011-S3479B - Summary

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

2011-S3479B - Sponsor Memo

                                BILL NUMBER:S3479B

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
weather 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 fails wither three consecutive
inspections or three inspections in a three year
period to consider whether suspension or revocation of the
license is warranted.  The commissioner may take additional actions
prior to failure by a licensee of either 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:
02/23/11  Referred to Agriculture
05/03/11  Amend and Recommit to Agriculture
05/03/11  Print Number 3479A
01/04/12  Referred to Agriculture

FISCAL IMPLICATION:
None.

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-S3479B - Bill Text download pdf

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

                                 3479--B

                       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  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Agri-
  culture 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, 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
FAILED EITHER THREE CONSECUTIVE INSPECTIONS PURSUANT TO THIS SECTION, OR
THREE INSPECTIONS IN A THREE YEAR PERIOD PURSUANT  TO  THIS  SECTION,  A
HEARING  SHALL  BE  HELD TO CONSIDER WHETHER SUSPENSION OR REVOCATION OF
THE LICENSE IS WARRANTED.  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, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00763-04-2

2011-S3479C (ACTIVE) - Details

See Assembly Version of this Bill:: A77
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §404, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7655, A10906
2013-2014: S3955, A1205

2011-S3479C (ACTIVE) - Summary

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

2011-S3479C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3479C

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 weather 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 fails wither
three consecutive inspections or three inspections in a three year
period to consider whether suspension or revocation of the license is
warranted. The commissioner may take additional actions prior to
failure by a licensee of either 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:

02/23/11 Referred to Agriculture
05/03/11 Amend and Recommit to Agriculture
05/03/11 Print Number 3479A
01/04/12 Referred to Agriculture

FISCAL IMPLICATION:
None.

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-S3479C (ACTIVE) - Bill Text download pdf

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

                                 3479--C

                       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  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Agri-
  culture 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, 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
FAILED EITHER THREE CONSECUTIVE INSPECTIONS PURSUANT TO THIS SECTION, OR
THREE  INSPECTIONS  IN  A  THREE YEAR PERIOD PURSUANT TO THIS SECTION, A
HEARING SHALL BE HELD TO CONSIDER WHETHER SUSPENSION  OR  REVOCATION  OF
THE  LICENSE  IS WARRANTED.   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 on  the  one  hundred  twentieth  day
after  it  shall  have  become  a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date are authorized to be made on or before such effective date.

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

                                                           LBD00763-08-2

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Senate Bill S3479C

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2011-S3479 - Details

2011-S3479 - Summary

2011-S3479 - Sponsor Memo

2011-S3479 - Bill Text download pdf

2011-S3479A - Details

2011-S3479A - Summary

2011-S3479A - Sponsor Memo

2011-S3479A - Bill Text download pdf

2011-S3479B - Details

2011-S3479B - Summary

2011-S3479B - Sponsor Memo

2011-S3479B - Bill Text download pdf

2011-S3479C (ACTIVE) - Details

2011-S3479C (ACTIVE) - Summary

2011-S3479C (ACTIVE) - Sponsor Memo

2011-S3479C (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S3479C

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2011-S3479 - Details

2011-S3479 - Summary

2011-S3479 - Sponsor Memo

2011-S3479 - Bill Text download pdf

2011-S3479A - Details

2011-S3479A - Summary

2011-S3479A - Sponsor Memo

2011-S3479A - Bill Text download pdf

2011-S3479B - Details

2011-S3479B - Summary

2011-S3479B - Sponsor Memo

2011-S3479B - Bill Text download pdf

2011-S3479C (ACTIVE) - Details

2011-S3479C (ACTIVE) - Summary

2011-S3479C (ACTIVE) - Sponsor Memo

2011-S3479C (ACTIVE) - Bill Text download pdf

Comments