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AB740 Text:

                           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    2  REPEALED.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.
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