senate Bill S3753A

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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  • 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

See Assembly Version of this Bill:
A740A
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, A1731A
2009-2010: A8162B, S6062, A8162B

Sponsor Memo

BILL NUMBER:S3753A

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: A.1731 of 2011-2012 A.8162 of 2009-2010

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
________________________________________________________________________

                                 3753--A
    Cal. No. 455

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  ADDABBO, AVELLA, BALL, BRESLIN, DILAN,
  ESPAILLAT, GOLDEN, HOYLMAN, KRUEGER, LAVALLE, RITCHIE, SAVINO,  SERRA-
  NO, SQUADRON -- read twice and ordered printed, and when printed to be
  committed  to  the Committee on Agriculture -- reported favorably from
  said committee, ordered to first and second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

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 AUTHORIZED
LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO BUSI-
NESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS  OF  CONSUMERS,  OR
(C)  LIMIT  OR  RESTRICT  ANY  MUNICIPALITY FROM ENACTING ANY LOCAL LAW,
RULE, REGULATION OR  ORDINANCE  GOVERNING  PET  DEALERS,  INCLUDING  THE
SOURCE  OF  ANIMALS  OFFERED FOR SALE BY PET DEALERS, WHETHER SPAYING OR
NEUTERING OF SUCH ANIMALS IS REQUIRED BEFORE SALE,  AND  THE  HEALTH  OR
SAFETY  OF  ANIMALS MAINTAINED BY PET DEALERS PROVIDED, HOWEVER, THAT NO
SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL  BE  LESS  STRINGENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02345-03-3

S. 3753--A                          2

THAN  THE APPLICABLE PROVISIONS OF THIS ARTICLE OR ESSENTIALLY RESULT IN
THE BANNING OF ALL SALES OF DOGS OR CATS  RAISED  AND  MAINTAINED  IN  A
HEALTHY  AND SAFE MANNER AND PROVIDED, FURTHER, THAT WHERE A PENALTY MAY
BE AUTHORIZED FOR THE VIOLATION OF SUCH A LOCAL LAW, RULE, REGULATION OR
ORDINANCE, THE AUTHORIZED PENALTY IN SUCH LOCAL LAW, RULE, REGULATION OR
ORDINANCE  MAY NOT EXCEED A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS.
WHERE A MUNICIPALITY ADOPTS SUCH A LOCAL LAW, RULE, REGULATION OR  ORDI-
NANCE  THAT  IS  MORE  STRINGENT  THAN THE APPLICABLE PROVISIONS OF THIS
ARTICLE, SUCH MUNICIPALITY SHALL HAVE SOLE RESPONSIBILITY  FOR  ENFORCE-
MENT  OF  SUCH  SPECIFIC LAW, RULE, REGULATION OR ORDINANCE THAT IS MORE
STRINGENT THAN THE APPLICABLE PROVISIONS OF THIS ARTICLE.
  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 AUTHORIZED LOCAL LAW, RULE, REGULATION OR ORDINANCE  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  LAW,  RULE,  REGULATION  OR ORDINANCE GOVERNING PET DEALERS,
INCLUDING THE SOURCE OF ANIMALS OFFERED FOR SALE BY PET DEALERS, WHETHER
SPAYING OR NEUTERING OF SUCH ANIMALS IS REQUIRED BEFORE  SALE,  AND  THE
HEALTH OR SAFETY OF ANIMALS MAINTAINED BY PET DEALERS PROVIDED, HOWEVER,
THAT  NO  SUCH  LOCAL  LAW,  RULE, REGULATION OR ORDINANCE SHALL BE LESS
STRINGENT THAN THE APPLICABLE PROVISIONS OF THIS ARTICLE OR  ESSENTIALLY
RESULT IN THE BANNING OF ALL SALES OF DOGS OR CATS RAISED AND MAINTAINED
IN A HEALTHY AND SAFE MANNER AND PROVIDED, FURTHER, THAT WHERE A PENALTY
MAY  BE  AUTHORIZED  FOR  THE VIOLATION OF SUCH A LOCAL LAW, RULE, REGU-
LATION OR ORDINANCE, THE AUTHORIZED PENALTY IN  SUCH  LOCAL  LAW,  RULE,
REGULATION  OR  ORDINANCE  MAY  NOT EXCEED A CIVIL PENALTY OF UP TO FIVE
HUNDRED DOLLARS. WHERE A MUNICIPALITY ADOPTS SUCH  A  LOCAL  LAW,  RULE,
REGULATION  OR  ORDINANCE  THAT  IS  MORE  STRINGENT THAN THE APPLICABLE
PROVISIONS OF THIS ARTICLE, SUCH MUNICIPALITY SHALL HAVE SOLE  RESPONSI-
BILITY  FOR  ENFORCEMENT OF SUCH SPECIFIC LAW, RULE, REGULATION OR ORDI-
NANCE THAT IS MORE STRINGENT THAN  THE  APPLICABLE  PROVISIONS  OF  THIS
ARTICLE.
  S 4.  Section 753-e of the general business law is REPEALED.
  S 5. This act shall take effect immediately.

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