senate Bill S1262A

Relates to preemption of local laws; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jan / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 19 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO AGRICULTURE
  • 19 / Jun / 2012
    • PRINT NUMBER 1262A

Summary

Relates to preemption of local law.

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Bill Details

See Assembly Version of this Bill:
A1731A
Versions:
S1262
S1262A
Legislative Cycle:
2011-2012
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Rpld §400-a, amd §407, Ag & Mkts L; amd §753-d, rpld §753-e, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1731A
2009-2010: A8162B, S6062, A8162B

Sponsor Memo

BILL NUMBER:S1262A

TITLE OF BILL:
An act
to amend the agriculture and markets law and the general business law,
in relation to the preemption of
local laws; and to repeal section 400-a of
the agriculture and markets law and section 753-e of the general
business law relating thereto

PURPOSE:
To allow municipalities to regulate pet
dealers as long as
the law, rule, regulation, or ordinance is not less stringent than
state law.

SUMMARY OF PROVISIONS:
Section One Repeals section 400-a of the agriculture and markets law.

Section Two Amends section 407 of the agriculture and markets law, as
added by chapter 259 of the laws of 2000.

section Three Amends section 753-d of the general business law, as
added by chapter 259 of the laws of 2000.

Section Four Repeals section 753-e of the general business law.

section Five Establishes the effective date.

JUSTIFICATION:
In order to protect the health and safety of residents
in their communities, municipalities should not be prohibited from
enacting laws, rules, regulations, or ordinances governing pet
dealers as long as such laws, rules, regulations or ordinances are
not less stringent than state law. This legislation would make
Article 26-A of the Agriculture and Markets Law consistent with many
other animal related state laws, such as laws regulating dangerous
dogs, seizure of animals, canine waste, and the operation of
spay/neuter facilities, which do not preempt municipalities from
enacting local laws, rules, regulations or ordinances pertaining to
animals within their jurisdiction.

LEGISLATIVE HISTORY:
S.6062 of 2010.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 1262--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. ADDABBO, AVELLA, KENNEDY, KRUEGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture  -- recommitted to the Committee on Agriculture in accord-
  ance 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 the  preemption  of  local  laws;  and  to  repeal
  section  400-a of the agriculture and markets law and section 753-e of
  the general business law relating thereto

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

  Section  1.  Section  400-a  of  the  agriculture  and  markets law is
REPEALED.
  S 2. Section 407 of the agriculture and markets law, as added by chap-
ter 259 of the laws of 2000, is amended to read as follows:
  S 407. Construction with other laws. Nothing in this article shall  be
construed  to  (A) limit or restrict agents or officers of societies for
the prevention of cruelty to animals or the police from enforcing  other
provisions of article twenty-six of this chapter or any other law relat-
ing  to  the  humane  treatment  of  or cruelty to animals, (B) LIMIT OR
RESTRICT ANY MUNICIPALITY FROM ENACTING OR  ENFORCING  ANY  LOCAL  LAWS,
RULES,  REGULATIONS  OR  ORDINANCES OF GENERAL APPLICATION TO BUSINESSES
GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS, OR (C) LIMIT
OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY LOCAL LAWS, RULES,  REGU-
LATIONS  OR  ORDINANCES GOVERNING PET DEALERS PROVIDED, HOWEVER, THAT NO
SUCH LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES SHALL BE  LESS  STRIN-
GENT  THAN THIS ARTICLE. ANY MUNICIPALITY THAT ADOPTS LAWS, RULES, REGU-
LATIONS OR ORDINANCES THAT ARE MORE STRINGENT  THAN  THE  PROVISIONS  IN
THIS  ARTICLE,  OR  THAT  CONCERN PUBLIC HEALTH, SAFETY OR THE RIGHTS OF
CONSUMERS, HAS SOLE RESPONSIBILITY FOR ENFORCEMENT OF SUCH LAWS,  RULES,
REGULATIONS, OR ORDINANCES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01393-05-2

S. 1262--A                          2

  S  3.  Section  753-d of the general business law, as added by chapter
259 of the laws of 2000, is amended to read as follows:
  S  753-d.  Construction with other laws. Nothing in this article shall
be construed to (A) limit or restrict agents or  officers  of  societies
for  the  prevention  of cruelty to animals or the police from enforcing
articles twenty-six and twenty-six-A of the agriculture and markets  law
or  any  other  law  relating to the humane treatment of, or cruelty to,
animals, (B) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING OR ENFORC-
ING ANY LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES OF GENERAL APPLICA-
TION TO BUSINESSES GOVERNING PUBLIC HEALTH,  SAFETY  OR  THE  RIGHTS  OF
CONSUMERS,  OR  (C) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY
LOCAL LAWS, RULES,  REGULATIONS  OR  ORDINANCES  GOVERNING  PET  DEALERS
PROVIDED,  HOWEVER, THAT NO SUCH LOCAL LAWS, RULES, REGULATIONS OR ORDI-
NANCES SHALL BE LESS STRINGENT THAN THIS ARTICLE. ANY MUNICIPALITY  THAT
ADOPTS  LAWS,  RULES,  REGULATIONS OR ORDINANCES THAT ARE MORE STRINGENT
THAN THE PROVISIONS IN THIS ARTICLE,  OR  THAT  CONCERN  PUBLIC  HEALTH,
SAFETY  OR THE RIGHTS OF CONSUMERS, HAS SOLE RESPONSIBILITY FOR ENFORCE-
MENT OF SUCH LAWS, RULES, REGULATIONS, OR ORDINANCES.
  S 4.  Section 753-e of the general business law is REPEALED.
  S 5. This act shall take effect immediately.

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