Bill A740A-2013 Print Page Print Original Text ShareThis Read or Leave Comments Relates to preemption of local laws; repealer Relates to preemption of local law. Details Same as: S3753A-2013 Versions A740-2013 A740A-2013 Sponsor:Rosenthal Multi-sponsor(s): Braunstein, Gibson, Hevesi, McDonough, Millman Co-sponsor(s): Dinowitz, Titone, Rosa, Gottfried, Englebright, Mosley, Kellner, Brook-Krasny, Maisel, Espinal, Benedetto, Kim, Moya, Skartados, Weprin, Raia, Johns, Malliotakis, Borelli, Tedisco Committee: RULES Law Section: Agriculture and Markets Law Law: Rpld §400-a, amd §407, Ag & Mkts L; amd §753-d, rpld §753-e, Gen Bus L Actions Jun 21, 2013: RETURNED TO ASSEMBLY Jun 21, 2013: PASSED SENATE Jun 20, 2013: 3RD READING CAL.455 Jun 20, 2013: SUBSTITUTED FOR S3753A Jun 18, 2013: REFERRED TO RULES Jun 18, 2013: delivered to senate Jun 18, 2013: passed assembly Jun 17, 2013: ordered to third reading rules cal.293 Jun 17, 2013: rules report cal.293 Jun 17, 2013: reported Jun 10, 2013: reported referred to rules Jun 6, 2013: print number 740a Jun 6, 2013: amend and recommit to codes Feb 12, 2013: reported referred to codes Feb 12, 2013: reported referred to codes Jan 9, 2013: referred to agriculture Jan 9, 2013: referred to agriculture Calendars Floor Calendar: Jun 21, 2013 Text STATE OF NEW YORK ________________________________________________________________________ 740--A 2013-2014 Regular Sessions IN ASSEMBLY (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: 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 Section 400-a of the agriculture and markets law is REPEALED.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. open.nysenate.gov/legislation/bill/A740A-2013
Posted on: Sat, 22 Jun 2013 04:39:14 +0000
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