Relates to administrative hearings and processes for pet dealers

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.