Bill Text: NY A00740 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to preemption of local law.
Spectrum: Slight Partisan Bill (Democrat 17-6)
Status: (Passed) 2014-01-10 - approval memo.16 [A00740 Detail]
Download: New_York-2013-A00740-Amended.html
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: 1 Section 1. Section 400-a of the agriculture and markets law is 2 REPEALED. 3 S 2. Section 407 of the agriculture and markets law, as added by chap- 4 ter 259 of the laws of 2000, is amended to read as follows: 5 S 407. Construction with other laws. Nothing in this article shall be 6 construed to (A) limit or restrict agents or officers of societies for 7 the prevention of cruelty to animals or the police from enforcing other 8 provisions of article twenty-six of this chapter or any other law relat- 9 ing to the humane treatment of or cruelty to animals, (B) LIMIT OR 10 RESTRICT ANY MUNICIPALITY FROM ENACTING OR ENFORCING ANY AUTHORIZED 11 LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL APPLICATION TO BUSI- 12 NESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS, OR 13 (C) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY LOCAL LAW, 14 RULE, REGULATION OR ORDINANCE GOVERNING PET DEALERS, INCLUDING THE 15 SOURCE OF ANIMALS OFFERED FOR SALE BY PET DEALERS, WHETHER SPAYING OR 16 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 1 SAFETY OF ANIMALS MAINTAINED BY PET DEALERS PROVIDED, HOWEVER, THAT NO 2 SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL BE LESS STRINGENT 3 THAN THE APPLICABLE PROVISIONS OF THIS ARTICLE OR ESSENTIALLY RESULT IN 4 THE BANNING OF ALL SALES OF DOGS OR CATS RAISED AND MAINTAINED IN A 5 HEALTHY AND SAFE MANNER AND PROVIDED, FURTHER, THAT WHERE A PENALTY MAY 6 BE AUTHORIZED FOR THE VIOLATION OF SUCH A LOCAL LAW, RULE, REGULATION OR 7 ORDINANCE, THE AUTHORIZED PENALTY IN SUCH LOCAL LAW, RULE, REGULATION OR 8 ORDINANCE MAY NOT EXCEED A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS. 9 WHERE A MUNICIPALITY ADOPTS SUCH A LOCAL LAW, RULE, REGULATION OR ORDI- 10 NANCE THAT IS MORE STRINGENT THAN THE APPLICABLE PROVISIONS OF THIS 11 ARTICLE, SUCH MUNICIPALITY SHALL HAVE SOLE RESPONSIBILITY FOR ENFORCE- 12 MENT OF SUCH SPECIFIC LAW, RULE, REGULATION OR ORDINANCE THAT IS MORE 13 STRINGENT THAN THE APPLICABLE PROVISIONS OF THIS ARTICLE. 14 S 3. Section 753-d of the general business law, as added by chapter 15 259 of the laws of 2000, is amended to read as follows: 16 S 753-d. Construction with other laws. Nothing in this article shall 17 be construed to (A) limit or restrict agents or officers of societies 18 for the prevention of cruelty to animals or the police from enforcing 19 articles twenty-six and twenty-six-A of the agriculture and markets law 20 or any other law relating to the humane treatment of, or cruelty to, 21 animals, (B) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING OR ENFORC- 22 ING ANY AUTHORIZED LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL 23 APPLICATION TO BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS 24 OF CONSUMERS, OR (C) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING 25 ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE GOVERNING PET DEALERS, 26 INCLUDING THE SOURCE OF ANIMALS OFFERED FOR SALE BY PET DEALERS, WHETHER 27 SPAYING OR NEUTERING OF SUCH ANIMALS IS REQUIRED BEFORE SALE, AND THE 28 HEALTH OR SAFETY OF ANIMALS MAINTAINED BY PET DEALERS PROVIDED, HOWEVER, 29 THAT NO SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL BE LESS 30 STRINGENT THAN THE APPLICABLE PROVISIONS OF THIS ARTICLE OR ESSENTIALLY 31 RESULT IN THE BANNING OF ALL SALES OF DOGS OR CATS RAISED AND MAINTAINED 32 IN A HEALTHY AND SAFE MANNER AND PROVIDED, FURTHER, THAT WHERE A PENALTY 33 MAY BE AUTHORIZED FOR THE VIOLATION OF SUCH A LOCAL LAW, RULE, REGU- 34 LATION OR ORDINANCE, THE AUTHORIZED PENALTY IN SUCH LOCAL LAW, RULE, 35 REGULATION OR ORDINANCE MAY NOT EXCEED A CIVIL PENALTY OF UP TO FIVE 36 HUNDRED DOLLARS. WHERE A MUNICIPALITY ADOPTS SUCH A LOCAL LAW, RULE, 37 REGULATION OR ORDINANCE THAT IS MORE STRINGENT THAN THE APPLICABLE 38 PROVISIONS OF THIS ARTICLE, SUCH MUNICIPALITY SHALL HAVE SOLE RESPONSI- 39 BILITY FOR ENFORCEMENT OF SUCH SPECIFIC LAW, RULE, REGULATION OR ORDI- 40 NANCE THAT IS MORE STRINGENT THAN THE APPLICABLE PROVISIONS OF THIS 41 ARTICLE. 42 S 4. Section 753-e of the general business law is REPEALED. 43 S 5. This act shall take effect immediately.