BILL NUMBER:A10906

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 agricul-
ture and markets law provides that before a pet dealer  license  can  be
suspended or revoked, the commissioner, or a designee of the commission-
er,  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  addi-
tional  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: This is a new bill,

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take  effect  April  1,  2011;  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.