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

                                  6311

                            I N  S E N A T E

                            January 13, 2014
                               ___________

Introduced  by Sen. GRISANTI -- 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 local laws governing pet dealers

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

  Section  1. Section 407 of the agriculture and markets law, as amended
by a chapter of the laws of 2013 amending the  agriculture  and  markets
law  and  the  general  business law relating to the preemption of local
laws, as proposed in legislative bills numbers S.3753-A and A.740-A,  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] OR ENFORCING
A local law, rule, regulation or ordinance  governing  pet  dealers,  AS
SUCH  TERM IS DEFINED IN THIS ARTICLE, including A LAW, RULE, REGULATION
OR ORDINANCE GOVERNING THE HEALTH OR SAFETY OF ANIMALS ACQUIRED OR MAIN-
TAINED BY PET DEALERS, the source of animals SOLD OR 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 deal-
ers]  AND  THE  SPAY  OR NEUTER OF SUCH ANIMALS; provided, however, that
[no] ANY such local law, rule, regulation or ordinance shall be NO  less
stringent  than the applicable provisions of this article [or essential-
ly] AND MAY NOT result in [the] ESSENTIALLY banning [of]  all  sales  of
dogs  or  cats  raised  and maintained in a healthy and safe manner [and
provided, further, that where a]. WHERE ANY 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

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

                                                           LBD02345-05-4

S. 6311                             2

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  responsibility  for enforcement of such
[specific] law, rule, regulation or ordinance  that  is  more  stringent
than the applicable provisions of this article.
  S  2. Section 753-d of the general business law, as amended by a chap-
ter of the laws of 2013 amending the agriculture and markets law and the
general business law relating  to  the  preemption  of  local  laws,  as
proposed  in  legislative bills numbers S.3753-A and A.740-A, 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] OR ENFORCING A local law, rule, regulation or ordinance  governing
pet  dealers,  AS SUCH TERM IS DEFINED IN THIS ARTICLE, including A LAW,
RULE, REGULATION OR ORDINANCE GOVERNING THE HEALTH OR SAFETY OF  ANIMALS
ACQUIRED  OR  MAINTAINED  BY  PET DEALERS, the source of animals SOLD OR
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] AND THE  SPAY  OR  NEUTER  OF  SUCH  ANIMALS;
provided,  however,  that  [no]  ANY such local law, rule, regulation or
ordinance shall be NO less stringent than the applicable  provisions  of
this  article  [or  essentially] AND MAY NOT result in [the] ESSENTIALLY
banning [of] all sales of dogs or cats raised and maintained in a  heal-
thy  and  safe  manner  [and provided, further, that where a]. WHERE ANY
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  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 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  a  chapter  of the laws of 2013 amending the agriculture and
markets law and the general business law relating to the  preemption  of
local  laws,  as  proposed  in  legislative  bills  numbers S.3753-A and
A.740-A, takes effect.