Bill S6311-2013

Makes technical corrections to certain provisions of law relating to local laws governing pet dealers

Makes technical corrections to certain provisions of law relating to local laws governing pet dealers.

Details

Actions

  • Feb 10, 2014: SUBSTITUTED BY A8394
  • Feb 4, 2014: ADVANCED TO THIRD READING
  • Feb 3, 2014: 2ND REPORT CAL.
  • Jan 28, 2014: 1ST REPORT CAL.76
  • Jan 13, 2014: REFERRED TO AGRICULTURE

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Jan 28, 2014
Ayes (9): Ritchie, Gallivan, Ranzenhofer, Valesky, Young, Gipson, Montgomery, Serrano, Tkaczyk
Ayes W/R (2): O'Mara, Seward

Memo

BILL NUMBER:S6311

TITLE OF BILL: An act to amend the agriculture and markets law and the general business law, in relation to local laws governing pet dealers

PURPOSE:

To make technical changes to certain provisions to a chapter of the laws of 2013 allowing 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 amends section 407 of the agriculture and markets law, as amended by a chapter of the laws of 2013

Section Two amends section 753-d of the general business law, as amended by a chapter of the laws of 2013

Section Three sets forth the effective date.

JUSTIFICATION:

This bill would make technical changes to a chapter of the laws of 2013 that repealed the preemption of local laws regulating or licensing pet dealers. It will restore to municipalities the authority to regulate pet dealers. This chapter amendment merely simplifies and clarifies language.

This bill will allow municipalities to promulgate local laws, rules, regulations or ordinances that address, among other things, the source of animals sold or offered for sale, whether and when spaying or neutering of animals sold or offered for sale is required and the health and safety of animals sold or offered for sale as long as the law, rule, regulation or ordinance does not result in the banning of all sales of dogs or cats that are raised and maintained in a healthy and safe manner.

Once this law takes effect, existing New York State law will provide the floor for regulation and municipalities will be able to pass laws, rules, regulation or ordinances that address a myriad of conditions specific to the health and safety of animals sold or offered for sale by pet dealers so long as it is no less stringent than existing state law.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the same date and in the same manner as a chapter of the laws of 2013 amending the agriculture and markets law and the general business law relating to the preemption of local laws, as proposed in legislative bills numbers S.3753-A and A 740-A, takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 6311 IN SENATE January 13, 2014 ___________
Introduced by Sen. GRISANTI -- 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 local laws governing pet dealers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 407 of the agriculture and markets law, as amended by a chapter of the laws of 2013 amending the agriculture and markets law and the general business law relating to the preemption of local laws, as proposed in legislative bills numbers S.3753-A and A.740-A, 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] OR ENFORCING A local law, rule, regulation or ordinance governing pet dealers, AS SUCH TERM IS DEFINED IN THIS ARTICLE, including A LAW, RULE, REGULATION OR ORDINANCE GOVERNING THE HEALTH OR SAFETY OF ANIMALS ACQUIRED OR MAIN- TAINED BY PET DEALERS, the source of animals SOLD OR 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 deal- ers] AND THE SPAY OR NEUTER OF SUCH ANIMALS; provided, however, that [no] ANY such local law, rule, regulation or ordinance shall be NO less stringent than the applicable provisions of this article [or essential- ly] AND MAY NOT result in [the] ESSENTIALLY banning [of] all sales of dogs or cats raised and maintained in a healthy and safe manner [and provided, further, that where a]. WHERE ANY 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 ordinance that is more stringent than the applicable provisions of this article, such municipality shall have sole responsibility for enforcement of such [specific] law, rule, regulation or ordinance that is more stringent than the applicable provisions of this article. S 2. Section 753-d of the general business law, as amended by a chap- ter of the laws of 2013 amending the agriculture and markets law and the general business law relating to the preemption of local laws, as proposed in legislative bills numbers S.3753-A and A.740-A, 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] OR ENFORCING A local law, rule, regulation or ordinance governing pet dealers, AS SUCH TERM IS DEFINED IN THIS ARTICLE, including A LAW, RULE, REGULATION OR ORDINANCE GOVERNING THE HEALTH OR SAFETY OF ANIMALS ACQUIRED OR MAINTAINED BY PET DEALERS, the source of animals SOLD OR 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] AND THE SPAY OR NEUTER OF SUCH ANIMALS; provided, however, that [no] ANY such local law, rule, regulation or ordinance shall be NO less stringent than the applicable provisions of this article [or essentially] AND MAY NOT result in [the] ESSENTIALLY banning [of] all sales of dogs or cats raised and maintained in a heal- thy and safe manner [and provided, further, that where a]. WHERE ANY 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 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 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2013 amending the agriculture and markets law and the general business law relating to the preemption of local laws, as proposed in legislative bills numbers S.3753-A and A.740-A, takes effect.

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