Relates to preemption of local law.
Ayes (4): Ritchie, Gipson, Montgomery, Serrano
Ayes W/R (5): Gallivan, O'Mara, Ranzenhofer, Seward, Valesky
Nays (2): Young, Tkaczyk
BILL NUMBER:S3753
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. S.1262A of 2011/12 Referred to Senate Committee on Agriculture
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3753 2013-2014 Regular Sessions IN SENATE 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 S. 3753 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.
This content is licensed under Creative Commons BY-NC-ND 3.0. Permissions beyond the scope of this license are available here.
The software and services provided under this site are offered under the BSD License and the GPL v3 License.
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 links 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.
Discuss!