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SB3753 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:
 
     1    Section 1. Section  400-a  of  the  agriculture  and  markets  law  is
     2  REPEALED.
     3    § 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    §  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
    17  safety  of  animals maintained by pet dealers provided, however, that no
    18  such local law, rule, regulation or ordinance shall  be  less  stringent
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02345-03-3

        S. 3753--A                          2
 
     1  than  the applicable provisions of this article or essentially result in
     2  the banning of all sales of dogs or cats  raised  and  maintained  in  a
     3  healthy  and safe manner and provided, further, that where a penalty may

     4  be authorized for the violation of such a local law, rule, regulation or
     5  ordinance, the authorized penalty in such local law, rule, regulation or
     6  ordinance  may not exceed a civil penalty of up to five hundred dollars.
     7  Where a municipality adopts such a local law, rule, regulation or  ordi-
     8  nance  that  is  more  stringent  than the applicable provisions of this
     9  article, such municipality shall have sole responsibility  for  enforce-
    10  ment  of  such  specific law, rule, regulation or ordinance that is more
    11  stringent than the applicable provisions of this article.
    12    § 3. Section 753-d of the general business law, as  added  by  chapter
    13  259 of the laws of 2000, is amended to read as follows:
    14    §  753-d.  Construction with other laws. Nothing in this article shall

    15  be construed to (a) limit or restrict agents or  officers  of  societies
    16  for  the  prevention  of cruelty to animals or the police from enforcing
    17  articles twenty-six and twenty-six-A of the agriculture and markets  law
    18  or  any  other  law  relating to the humane treatment of, or cruelty to,
    19  animals, (b) limit or restrict any municipality from enacting or enforc-
    20  ing any authorized local law, rule, regulation or ordinance  of  general
    21  application  to businesses governing public health, safety or the rights
    22  of consumers, or (c) limit or restrict any  municipality  from  enacting
    23  any  local  law,  rule,  regulation  or ordinance governing pet dealers,
    24  including the source of animals offered for sale by pet dealers, whether

    25  spaying or neutering of such animals is required before  sale,  and  the
    26  health or safety of animals maintained by pet dealers provided, however,
    27  that  no  such  local  law,  rule, regulation or ordinance shall be less
    28  stringent than the applicable provisions of this article or  essentially
    29  result in the banning of all sales of dogs or cats raised and maintained
    30  in a healthy and safe manner and provided, further, that where a penalty
    31  may  be  authorized  for  the violation of such a local law, rule, regu-
    32  lation or ordinance, the authorized penalty in  such  local  law,  rule,
    33  regulation  or  ordinance  may  not exceed a civil penalty of up to five
    34  hundred dollars. Where a municipality adopts such  a  local  law,  rule,

    35  regulation  or  ordinance  that  is  more  stringent than the applicable
    36  provisions of this article, such municipality shall have sole  responsi-
    37  bility  for  enforcement of such specific law, rule, regulation or ordi-
    38  nance that is more stringent than  the  applicable  provisions  of  this
    39  article.
    40    § 4.  Section 753-e of the general business law is REPEALED.
    41    § 5. This act shall take effect immediately.
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