senate Bill S3753

Amended

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

  • 13 / Feb / 2013
    • REFERRED TO AGRICULTURE
  • 30 / Apr / 2013
    • 1ST REPORT CAL.455
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING 3753A
  • 20 / Jun / 2013
    • SUBSTITUTED BY A740A

Summary

Relates to preemption of local law.

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Bill Details

Versions:
S3753
S3753A
Legislative Cycle:
2013-2014
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, S1262A
2009-2010: A8162B, S6062

Votes

4
2
4
Aye
2
Nay
5
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S3753

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 jurisdic-
tion.

LEGISLATIVE HISTORY: S.6062 of 2010. S.1262A of 2011/12 Referred to
Senate Committee on Agriculture

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3753

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced by Sens. GRISANTI, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Agriculture

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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02345-01-3

S. 3753                             2

  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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