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

                                   499

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN, TITONE, KAVANAGH, CASTRO, JAFFEE, OTIS --
  Multi-Sponsored  by -- M. of A. GLICK, MILLER, 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

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

                                                           LBD04872-01-3

A. 499                              2

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
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 on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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.