Bill Text: NY A00740 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          740
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. ROSENTHAL, WEPRIN, RAIA, ENGLEBRIGHT -- read once
         and referred 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:
    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    2  REPEALED.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 LOCAL LAWS,
   11  RULES, REGULATIONS OR ORDINANCES OF GENERAL  APPLICATION  TO  BUSINESSES
   12  GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS, OR (C) LIMIT
   13  OR  RESTRICT ANY MUNICIPALITY FROM ENACTING ANY LOCAL LAWS, RULES, REGU-
   14  LATIONS OR ORDINANCES GOVERNING PET DEALERS PROVIDED, HOWEVER,  THAT  NO
   15  SUCH  LOCAL  LAWS, RULES, REGULATIONS OR ORDINANCES SHALL BE LESS STRIN-
   16  GENT THAN THIS ARTICLE. ANY MUNICIPALITY THAT ADOPTS LAWS, RULES,  REGU-
   17  LATIONS  OR  ORDINANCES  THAT  ARE MORE STRINGENT THAN THE PROVISIONS IN
   18  THIS ARTICLE, OR THAT CONCERN PUBLIC HEALTH, SAFETY  OR  THE  RIGHTS  OF
   19  CONSUMERS,  HAS SOLE RESPONSIBILITY FOR ENFORCEMENT OF SUCH LAWS, RULES,
   20  REGULATIONS, OR ORDINANCES.
   21    S 3. Section 753-d of the general business law, as  added  by  chapter
   22  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
       A. 740                              2
    1    S  753-d.  Construction with other laws. Nothing in this article shall
    2  be construed to (A) limit or restrict agents or  officers  of  societies
    3  for  the  prevention  of cruelty to animals or the police from enforcing
    4  articles twenty-six and twenty-six-A of the agriculture and markets  law
    5  or  any  other  law  relating to the humane treatment of, or cruelty to,
    6  animals, (B) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING OR ENFORC-
    7  ING ANY LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES OF GENERAL APPLICA-
    8  TION TO BUSINESSES GOVERNING PUBLIC HEALTH,  SAFETY  OR  THE  RIGHTS  OF
    9  CONSUMERS,  OR  (C) LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY
   10  LOCAL LAWS, RULES,  REGULATIONS  OR  ORDINANCES  GOVERNING  PET  DEALERS
   11  PROVIDED,  HOWEVER, THAT NO SUCH LOCAL LAWS, RULES, REGULATIONS OR ORDI-
   12  NANCES SHALL BE LESS STRINGENT THAN THIS ARTICLE. ANY MUNICIPALITY  THAT
   13  ADOPTS  LAWS,  RULES,  REGULATIONS OR ORDINANCES THAT ARE MORE STRINGENT
   14  THAN THE PROVISIONS IN THIS ARTICLE,  OR  THAT  CONCERN  PUBLIC  HEALTH,
   15  SAFETY  OR THE RIGHTS OF CONSUMERS, HAS SOLE RESPONSIBILITY FOR ENFORCE-
   16  MENT OF SUCH LAWS, RULES, REGULATIONS, OR ORDINANCES.
   17    S 4.  Section 753-e of the general business law is REPEALED.
   18    S 5. This act shall take effect immediately.