assembly Bill A740A

Signed By Governor
2013-2014 Legislative Session

Relates to preemption of local laws; repealer

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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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

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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A740 - Bill 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 - Bill Texts

view summary

Relates to preemption of local law.

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                    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.
                                                           LBD02345-01-3

A. 740                              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.

Co-Sponsors

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A740A (ACTIVE) - Bill 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) - Bill Texts

view summary

Relates to preemption of local law.

view full 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.
                                                           LBD02345-02-3

A. 740--A                           2

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, 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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