senate Bill S1262A

2011-2012 Legislative Session

Relates to preemption of local laws; repealer

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 print number 1262a
amend (t) and recommit to agriculture
Jan 04, 2012 referred to agriculture
Jan 06, 2011 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1262 - Bill Details

See Assembly Version of this Bill:
A1731A
Current Committee:
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 Sessions:
2011-2012: A1731A
2009-2010: A8162B, S6062

S1262 - Bill Texts

view summary

Relates to preemption of local law.

view sponsor memo
BILL NUMBER:S1262

TITLE OF BILL:
An act
to amend the agriculture and markets law and the general business law,
in relation to local laws and the regulation of pet dealers

PURPOSE:
This bill would allow municipalities with a population of one million
or more to regulate pet dealers as long as the law, rule, regulation,
or ordinance is not less stringent than state law. This bill does not
affect municipalities with populations of less than one million or
more.

SUMMARY OF PROVISIONS:
Section 400-a of the agriculture and markets law and section 753-e of
the general business law as added by chapter 259 of the laws of 2000,
are amended. Section 400-b of the agriculture and markets law is
added and section 753-f of the general business law as added by
chapter 259 of the laws of 2000 is added.

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 the 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:
2009-2010: S.6062 - Defeated for consideration in 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
________________________________________________________________________

                                  1262

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen. 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 local laws and the regulation of pet dealers

  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, as added
by chapter 259 of the laws of 2000, is amended to read as follows:
  S 400-a. Preemption of local laws.  The  provisions  of  this  article
shall  apply  to all municipalities[, including cities with a population
of one million or more] EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED-B  OF
THIS  ARTICLE,  and  shall supersede any local law, rule, regulation, or
ordinance regulating or licensing pet dealers as defined in  this  arti-
cle. Nothing in this section shall be construed to limit or restrict any
municipality  from ENACTING OR enforcing any local law, rule, regulation
or ordinance of  general  application  to  businesses  governing  public
health, safety or the rights of consumers.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 400-b to read as follows:
  S 400-B. LOCAL LAWS IN CERTAIN CITIES. NOTWITHSTANDING THE  PROVISIONS
OF  SECTION  FOUR HUNDRED-A OF THIS ARTICLE, CITIES WITH A POPULATION OF
ONE MILLION OR MORE SHALL BE AUTHORIZED TO ENACT  LOCAL  LAWS,  RULE  OR
REGULATIONS  GOVERNING PET DEALERS PROVIDED, HOWEVER, THAT NO SUCH LOCAL
LAW, RULE, REGULATION OR ORDINANCE SHALL BE  LESS  STRINGENT  THAN  THIS
ARTICLE.  ANY  LOCALITY THAT ADOPTS A MORE STRINGENT LAW, RULE, OR ORDI-
NANCE THAN THIS ARTICLE HAS SOLE RESPONSIBILITY FOR ENFORCEMENT OF  SUCH
MORE STRINGENT LAW, RULE, REGULATION, OR ORDINANCE, WHICH RESPONSIBILITY
CANNOT  BE ASSIGNED, DIRECTLY OR INDIRECTLY, TO A NON-GOVERNMENTAL ENTI-
TY. A LOCALITY WILL ONLY HAVE THE AUTHORITY TO ENFORCE SUCH MORE  STRIN-
GENT  LAW,  RULE, REGULATION, OR ORDINANCE THAT HAS BEEN ENACTED BY THAT
LOCALITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01393-01-1

S. 1262                             2

  S 3. Section 753-e of the general business law, as  added  by  chapter
259 of the laws of 2000, is amended to read as follows:
  S  753-e.  Preemption  of  local  laws. The provisions of this article
shall apply to all municipalities[, including cities with  a  population
of  one  million  or  more]  EXCEPT AS PROVIDED IN SECTION SEVEN HUNDRED
FIFTY-THREE-F OF THIS ARTICLE, and shall supersede any local law,  rule,
regulation,  or ordinance regulating or licensing pet dealers as defined
in this article. Nothing in this section shall be construed to limit  or
restrict any municipality from enforcing any local law, rule, regulation
or  ordinance  of  general  application  to  businesses governing public
health, safety or the rights of consumers.
  S 4. The general business law is amended by adding a new section 753-f
to read as follows:
  S 753-F.  LOCAL LAWS IN CERTAIN CITIES. NOTWITHSTANDING THE PROVISIONS
OF SECTION SEVEN HUNDRED FIFTY-THREE-E OF THIS ARTICLE,  CITIES  WITH  A
POPULATION  OF  ONE  MILLION  OR MORE SHALL BE AUTHORIZED TO ENACT LOCAL
LAWS, RULE OR REGULATIONS GOVERNING PET DEALERS PROVIDED, HOWEVER,  THAT
NO SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL BE LESS STRINGENT
THAN  THIS ARTICLE. ANY LOCALITY THAT ADOPTS A MORE STRINGENT LAW, RULE,
OR ORDINANCE THAN THIS ARTICLE HAS SOLE RESPONSIBILITY  FOR  ENFORCEMENT
OF  SUCH  MORE  STRINGENT  LAW,  RULE,  REGULATION,  OR ORDINANCE, WHICH
RESPONSIBILITY CANNOT BE ASSIGNED, DIRECTLY OR INDIRECTLY, TO A  NON-GO-
VERNMENTAL  ENTITY.  A  LOCALITY WILL ONLY HAVE THE AUTHORITY TO ENFORCE
SUCH MORE STRINGENT LAW, RULE, REGULATION, OR ORDINANCE  THAT  HAS  BEEN
ENACTED BY THAT LOCALITY.
  S 5. This act shall take effect immediately.

Co-Sponsors

S1262A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1731A
Current Committee:
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 Sessions:
2011-2012: A1731A
2009-2010: A8162B, S6062

S1262A (ACTIVE) - Bill Texts

view summary

Relates to preemption of local law.

view 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.

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download pdf
                    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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