STATE OF NEW YORK
________________________________________________________________________
1181
2015-2016 Regular Sessions
IN ASSEMBLY
January 8, 2015
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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:
1 Section 1. Section 404 of the agriculture and markets law is amended
2 by adding a new subdivision 6 to read as follows:
3 6. The refusal, suspension, or revocation of a pet dealer's license
4 under this section shall not prevent the levying of additional civil
5 penalties, as provided in section four hundred six of this article, for
6 violations.
7 § 2. Subdivision 2 of section 406 of the agriculture and markets law,
8 as amended by chapter 251 of the laws of 2013, is amended to read as
9 follows:
10 2. Violation of any provision of this article, is a civil offense, for
11 which a penalty of not less than [one hundred] fifty dollars and not
12 more than [one] two thousand five hundred dollars for each violation may
13 be imposed. The commissioner shall, among other factors he or she deems
14 appropriate, consider the severity of the violation and the sales volume
15 of the licensee in violation in determining the amount of the penalty.
16 § 3. Subdivision 1 of section 755 of the general business law, as
17 amended by chapter 251 of the laws of 2013, is amended to read as
18 follows:
19 1. In addition to the other remedies provided, whenever there shall be
20 a violation of this article, application may be made by the attorney
21 general in the name of the people of the state of New York to a court or
22 justice having jurisdiction by a special proceeding to issue an injunc-
23 tion, and upon notice to the defendant of not less than five days, to
24 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
1 appear to the satisfaction of the court or justice that the defendant
2 has, in fact, violated this article, an injunction may be issued by such
3 court or justice, enjoining and restraining any further violation, with-
4 out requiring proof that any person has, in fact, been injured or
5 damaged thereby. In any such proceeding, the court may make allowances
6 to the attorney general as provided in paragraph six of subdivision (a)
7 of section eighty-three hundred three of the civil practice law and
8 rules, and direct restitution. Whenever the court shall determine that a
9 violation of this article has occurred, the court may impose a civil
10 penalty of not less than [one hundred] fifty dollars and not more than
11 [one] two thousand five hundred dollars. In connection with any such
12 proposed application, the attorney general is authorized to take proof
13 and make a determination of the relevant facts and to issue subpoenas in
14 accordance with the civil practice law and rules.
15 § 4. This act shall take effect on the one hundred twentieth day after
16 it shall have become a law; provided, however, that effective immediate-
17 ly, the addition, amendment and/or repeal of any rule or regulation
18 necessary for the implementation of this act on its effective date are
19 authorized to be made on or before such effective date.
