senate Bill S3753A

Signed By Governor
2013-2014 Legislative Session

Relates to preemption of local laws; repealer

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Archive: Last Bill Status Via A740 - 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 20, 2013 substituted by a740a
Jun 10, 2013 amended on third reading 3753a
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.455
Feb 13, 2013 referred to agriculture

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S3753 - Details

See Assembly Version of this Bill:
A740A
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

S3753 - Summary

Relates to preemption of local law.

S3753 - Sponsor Memo

S3753 - Bill Text download pdf

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

                                  3753

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced by Sens. GRISANTI, 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  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REPEALED.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

Co-Sponsors

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S3753A (ACTIVE) - Details

See Assembly Version of this Bill:
A740A
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

S3753A (ACTIVE) - Summary

Relates to preemption of local law.

S3753A (ACTIVE) - Sponsor Memo

S3753A (ACTIVE) - Bill Text download pdf

                    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.

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