NY State Senate Bill 2017-S302

Senate Bill S302

2017-2018 Legislative Session

Provides for more frequent inspections of pet dealers which have been charged with or convicted of violations relating to cats and dogs

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture returned to senate died in assembly
Jun 06, 2017	referred to agriculture delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1364 committee discharged and committed to rules
May 16, 2017	reported and committed to finance
Jan 04, 2017	referred to agriculture

Votes

- Jun 6, 2017 - Floor Vote
  S302
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serino
  Jun 5, 2017 - Rules Committee Vote
  S302
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Griffo
      
      Montgomery
      
      excused (1)
      
      Parker
  May 16, 2017 - Agriculture Committee Vote
  S302
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 16, 2017
      
      aye (11)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky

2017-S302 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §405, Ag & Mkts L
Versions Introduced in 2015-2016 Legislative Session:: S6634

2017-S302 (ACTIVE) - Summary

Provides for more frequent inspections of pet dealers which have been charged with or convicted of violations relating to cats and dogs.

2017-S302 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S302

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to
inspection of pet dealers

 PURPOSE :

Provides for more frequent inspections of pet dealers which have been
charged with or convicted of violations relating to cats and dogs.

 SUMMARY OF PROVISIONS :

Section one amends subdivision one of section 405 of the agriculture
and markets law, regarding inspection of pet dealers, to require the
commissioner to immediately, or as soon as practicable, upon the
filing, to include an affidavit from the department attesting to the
belief that violations have been made. Additionally, the commissioner
shall inspect all facilities owned by a pet dealer that is charged
with violating any provision of article 26, regarding animals, and
section 401, regarding minimum standards of animal care.
Additionally, inspections of the pet dealer's facilities must be
conducted once every two months until a final judgment is made on the
charges. Where a pet dealer is found in violation of these provisions,
such dealer's facilities will be inspected on a quarterly basis for a

period of one year; provided however, if after final disposition, the
pet dealer is not found guilty of any charge, such pet dealer's
facilities shall be inspected in accordance with paragraph (a) of this
subdivision.

Section two establishes the effective date.

 JUSTIFICATION :

Currently, the Department of Agriculture and Markets is required to
perform a yearly inspection of all pet dealer facilities; however,
there are no additional inspection requirements where a pet dealer has
been charged with a violation, which may leave the animals in his or
her care susceptible to harm. Recent events in the Hudson Valley
warrant such a change in the law. Within the past year, a pet dealer
was charged with a violation at one of the three facilities he owns
and operates. However, frequent patrons of one of his additional
stores, including a local animal rescue and rehabilitation
organization, state that the animals at this facility are being cared
for under poor conditions as well. This bill will ensure that where a
pet dealer is charged with a violation, additional inspections will
occur at all facilities owned and operated by such pet dealer until a
determination is reached on the violation. Additionally, under the
bill, where a pet dealer is found guilty of the violation, and does
not lose his or her license as a pet dealer, the Department would be
required to conduct quarterly inspections of all sites owned by such
pet dealer for a full year after the violation is settled. The
provisions of this bill will help to ensure frequent and proper
oversight of all facilities owned and operated by pet dealers under
investigation for failure to comply with the terms of their licensure.

 LEGISLATIVE HISTORY :

2016: S.6634-C - Passed Senate

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act shall take effect on the first January next succeeding the
date on which it shall have become a law.

2017-S302 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    302
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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
   inspection of pet dealers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 405 of the agriculture and markets
 law, as added by chapter 259 of the laws of 2000, is amended to read  as
 follows:
   1.  (A)  The  commissioner or his or her authorized agents shall, at a
 minimum, make yearly inspections of pet dealers'  facilities  to  ensure
 compliance  with  the provisions of this article and with the provisions
 of article thirty-five-D of the general business law, except  for  those
 pet dealers who engage in the sale of less than twenty-five animals in a
 year, in which case inspections shall be made whenever in the discretion
 of  the  commissioner  or  his  or  her  authorized  agents, a complaint
 warrants such investigation.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION, THE COMMISSIONER SHALL IMMEDIATELY OR AS SOON AS PRACTICABLE, UPON
 THE FILING, WHICH SHALL INCLUDE AN AFFIDAVIT FROM THE DEPARTMENT ATTEST-
 ING  TO  THE  BELIEF  THAT  VIOLATIONS  HAVE BEEN MADE, OF ANY CHARGE OF
 VIOLATING ANY PROVISION OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR SECTION
 FOUR HUNDRED ONE  OF  THIS  ARTICLE  AGAINST  A  PET  DEALER,  CAUSE  AN
 INSPECTION  TO  BE  MADE  OF SUCH PET DEALER'S FACILITIES, INCLUDING ANY
 FACILITIES FOR THE RETAIL SALE OF  ANIMALS.  THEREAFTER,  AN  INSPECTION
 THEREOF SHALL BE CONDUCTED AT THE PET DEALER'S FACILITIES ONCE EVERY TWO
 MONTHS  UNTIL  THERE  IS  A  FINAL DISPOSITION ON SUCH CHARGES.  AFTER A
 FINAL DISPOSITION IN WHICH THE PET DEALER IS FOUND GUILTY OF ANY CHARGE,
 SUCH PET DEALER'S FACILITIES SHALL BE INSPECTED ON A QUARTERLY BASIS FOR
 A PERIOD OF ONE YEAR; PROVIDED, HOWEVER, IF,  AFTER  FINAL  DISPOSITION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02337-01-7

 S. 302                              2
 
 THE  PET  DEALER  IS  NOT  FOUND GUILTY OF ANY CHARGE, SUCH PET DEALER'S
 FACILITIES SHALL BE INSPECTED IN ACCORDANCE WITH PARAGRAPH (A)  OF  THIS
 SUBDIVISION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.