assembly Bill A740A

Signed By Governor
2013-2014 Legislative Session

Relates to preemption of local laws; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

do you support this bill?

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2014 approval memo.16
signed chap.553
Dec 30, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
Jun 20, 2013 3rd reading cal.455
substituted for s3753a
Jun 18, 2013 referred to rules
delivered to senate
passed assembly
Jun 17, 2013 ordered to third reading rules cal.293
rules report cal.293
reported
Jun 10, 2013 reported referred to rules
Jun 06, 2013 print number 740a
amend and recommit to codes
Feb 12, 2013 reported referred to codes
Jan 09, 2013 referred to agriculture

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view all co-sponsors

A740 - Details

See Senate Version of this Bill:
S3753A
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, S1262A
2009-2010: A8162B, S6062

A740 - Summary

Relates to preemption of local law.

A740 - Bill Text download pdf

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

                                   740

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ROSENTHAL, WEPRIN, RAIA, ENGLEBRIGHT -- read once
  and referred 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REPEALED.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.

Co-Sponsors

view all co-sponsors

A740A (ACTIVE) - Details

See Senate Version of this Bill:
S3753A
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, S1262A
2009-2010: A8162B, S6062

A740A (ACTIVE) - Summary

Relates to preemption of local law.

A740A (ACTIVE) - Bill Text download pdf

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

                                 740--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, DINOWITZ, TITONE, ROSA, GOTTFRIED,
  ENGLEBRIGHT, MOSLEY, KELLNER, BROOK-KRASNY, MAISEL, ESPINAL,  BENEDET-
  TO, KIM, MOYA, SKARTADOS, WEPRIN, RAIA, JOHNS, MALLIOTAKIS, BORELLI --
  Multi-Sponsored  by -- M. of A. BRAUNSTEIN, GIBSON, HEVESI, McDONOUGH,
  MILLMAN -- read once and referred to the Committee on  Agriculture  --
  reported   and  referred  to  the  Committee  on  Codes  --  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  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

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.