S T A T E   O F   N E W   Y O R K
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                                  10784

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by  M. of A. PAULIN, TITONE, KAVANAGH, CASTRO, JAFFEE, KOON,
  MAYERSOHN -- Multi-Sponsored by -- M. of A. CHRISTENSEN, GLICK,  HYER-
  SPENCER, M. MILLER, SKARTADOS, WEISENBERG -- read once and referred to
  the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to penalties and fees for pet dealers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 404 of the agriculture and markets law  is  amended
by adding a new subdivision 6 to read as follows:
  6.  THE  REFUSAL,  SUSPENSION, OR REVOCATION OF A PET DEALER'S LICENSE
UNDER THIS SECTION SHALL NOT PREVENT THE  LEVYING  OF  ADDITIONAL  CIVIL
PENALTIES,  AS PROVIDED IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE, FOR
VIOLATIONS.
  S 2. Subdivision 2 of section 406 of the agriculture and markets  law,
as  added  by  chapter  259  of  the laws of 2000, is amended to read as
follows:
  2. Violation of any provision of this article, is a civil offense, for
which a penalty of not less than fifty dollars and not more  than  [one]
TWO thousand FIVE HUNDRED dollars for each violation may be imposed. THE
COMMISSIONER  SHALL,  AMONG  OTHER  FACTORS HE OR SHE DEEMS APPROPRIATE,
CONSIDER THE SEVERITY OF THE VIOLATION  AND  THE  SALES  VOLUME  OF  THE
LICENSEE IN VIOLATION IN DETERMINING THE AMOUNT OF THE PENALTY.
  S  3.  Subdivision  1  of  section 755 of the general business law, as
amended by chapter 259 of the laws  of  2000,  is  amended  to  read  as
follows:
  1. In addition to the other remedies provided, whenever there shall be
a  violation  of  this  article, application may be made by the attorney
general in the name of the people of the state of New York to a court or
justice having jurisdiction by a special proceeding to issue an  injunc-
tion,  and  upon  notice to the defendant of not less than five days, to
enjoin and restrain the continuance of such violations; and if it  shall
appear  to  the  satisfaction of the court or justice that the defendant
has, in fact, violated this article, an injunction may be issued by such

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

                                                           LBD15727-03-0

A. 10784                            2

court or justice, enjoining and restraining any further violation, with-
out requiring proof that any  person  has,  in  fact,  been  injured  or
damaged  thereby.  In any such proceeding, the court may make allowances
to  the attorney general as provided in paragraph six of subdivision (a)
of section eighty-three hundred three of  the  civil  practice  law  and
rules, and direct restitution. Whenever the court shall determine that a
violation  of  this  article  has occurred, the court may impose a civil
penalty of not less than fifty dollars and not more than [one] TWO thou-
sand FIVE HUNDRED dollars. In connection with any such proposed applica-
tion, the attorney general is authorized to take proof and make a deter-
mination of the relevant facts and to issue subpoenas in accordance with
the civil practice law and rules.
  S 4. 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 effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.