S T A T E   O F   N E W   Y O R K
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                                  1181

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. PAULIN, TITONE, KAVANAGH, JAFFEE, OTIS -- Multi-
  Sponsored by -- M. of A. GLICK, MILLER -- 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  amended  by  chapter  251 of the laws of 2013, 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 [one hundred]  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 251 of the laws  of  2013,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04987-01-5
              

A. 1181                             2

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 [one hundred] FIFTY dollars and not  more  than
[one]  TWO  thousand  FIVE  HUNDRED dollars. In connection with any such
proposed application, the attorney general is authorized to  take  proof
and make a determination 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.