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REPEALED.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.