Relates to penalties for pet dealers

1 Co-sponsor

• Andrew J. Lanza

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.