S T A T E O F N E W Y O R K
________________________________________________________________________
3478--A
2011-2012 Regular Sessions
I N S E N A T E
February 23, 2011
___________
Introduced by Sens. OPPENHEIMER, LANZA -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Agriculture
-- recommitted to the Committee on Agriculture in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 S 2. Subdivision 2 of section 406 of the agriculture and markets law,
8 as added by chapter 259 of the laws of 2000, 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 fifty dollars and not more than [one]
12 TWO thousand FIVE HUNDRED dollars for each violation may be imposed. THE
13 COMMISSIONER SHALL, AMONG OTHER FACTORS HE OR SHE DEEMS APPROPRIATE,
14 CONSIDER THE SEVERITY OF THE VIOLATION AND THE SALES VOLUME OF THE
15 LICENSEE IN VIOLATION IN DETERMINING THE AMOUNT OF THE PENALTY.
16 S 3. Subdivision 1 of section 755 of the general business law, as
17 amended by chapter 259 of the laws of 2000, 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00761-02-2
S. 3478--A 2
1 tion, and upon notice to the defendant of not less than five days, to
2 enjoin and restrain the continuance of such violations; and if it shall
3 appear to the satisfaction of the court or justice that the defendant
4 has, in fact, violated this article, an injunction may be issued by such
5 court or justice, enjoining and restraining any further violation, with-
6 out requiring proof that any person has, in fact, been injured or
7 damaged thereby. In any such proceeding, the court may make allowances
8 to the attorney general as provided in paragraph six of subdivision (a)
9 of section eighty-three hundred three of the civil practice law and
10 rules, and direct restitution. Whenever the court shall determine that a
11 violation of this article has occurred, the court may impose a civil
12 penalty of not less than fifty dollars and not more than [one] TWO thou-
13 sand FIVE HUNDRED dollars. In connection with any such proposed applica-
14 tion, the attorney general is authorized to take proof and make a deter-
15 mination of the relevant facts and to issue subpoenas in accordance with
16 the civil practice law and rules.
17 S 4. This act shall take effect April 1, 2013; provided, however, that
18 effective immediately, the addition, amendment and/or repeal of any rule
19 or regulation necessary for the implementation of this act on its effec-
20 tive date are authorized and directed to be made and completed on or
21 before such effective date.