Bill S3753A-2013

Relates to preemption of local laws; repealer

Relates to preemption of local law.

Details

Actions

  • Jun 20, 2013: SUBSTITUTED BY A740A
  • Jun 10, 2013: AMENDED ON THIRD READING 3753A
  • May 6, 2013: ADVANCED TO THIRD READING
  • May 1, 2013: 2ND REPORT CAL.
  • Apr 30, 2013: 1ST REPORT CAL.455
  • Feb 13, 2013: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S3753A

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: A.1731 of 2011-2012 A.8162 of 2009-2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3753--A Cal. No. 455 2013-2014 Regular Sessions IN SENATE 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
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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