Senate Bill S4623

2009-2010 Legislative Session

Relates to regulation of pet dealers by municipalities

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Agriculture Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-S4623 - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400-a, Ag & Mkts L; amd §753-e, Gen Bus L

2009-S4623 - Summary

Provides for regulation of pet dealers by municipalities; relates to preemption of local laws and pet dealers.

2009-S4623 - Sponsor Memo

2009-S4623 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4623

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and the general business
  law, in relation to local laws and the regulation of pet dealers

  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, as added
by chapter 259 of the laws of 2000, is amended to read as follows:
  S 400-a. Preemption of local laws.  The  provisions  of  this  article
shall apply to all municipalities, including cities with a population of
one  million  or  more[,  and shall supersede any local law, rule, regu-
lation, or ordinance regulating or licensing pet dealers as  defined  in
this  article].  Nothing  in this section shall be construed to limit or
restrict any municipality from ENACTING  OR  enforcing  any  local  law,
rule,  regulation  or  ordinance  [of  general application to businesses
governing public health, safety or the rights  of  consumers]  GOVERNING
PET  DEALERS PROVIDED, HOWEVER, THAT NO SUCH LOCAL LAW, RULE, REGULATION
OR ORDINANCE SHALL BE LESS STRINGENT THAN THIS ARTICLE.
  S 2. Section 753-e of the general business law, as  added  by  chapter
259 of the laws of 2000, is amended to read as follows:
  S  753-e.  Preemption  of  local  laws. The provisions of this article
shall apply to all municipalities, including cities with a population of
one million or more[, and shall supersede any  local  law,  rule,  regu-
lation,  or  ordinance regulating or licensing pet dealers as defined in
this article]. Nothing in this section shall be construed  to  limit  or
restrict  any  municipality  from  ENACTING  OR enforcing any local law,
rule, regulation or ordinance  [of  general  application  to  businesses
governing  public  health,  safety or the rights of consumers] GOVERNING
PET DEALERS PROVIDED, HOWEVER, THAT NO SUCH LOCAL LAW, RULE,  REGULATION
OR ORDINANCE SHALL BE LESS STRINGENT THAN THIS ARTICLE.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09624-01-9
              

2009-S4623A (ACTIVE) - Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400-a, Ag & Mkts L; amd §753-e, Gen Bus L

2009-S4623A (ACTIVE) - Summary

Provides for regulation of pet dealers by municipalities; relates to preemption of local laws and pet dealers.

2009-S4623A (ACTIVE) - Sponsor Memo

2009-S4623A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4623--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  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 local laws and the regulation of pet dealers

  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, as  added
by chapter 259 of the laws of 2000, is amended to read as follows:
  S  400-a.  Preemption  of  local  laws. The provisions of this article
shall apply to [all municipalities, including] cities with a  population
of  one million or more[, and shall supersede any local law, rule, regu-
lation, or ordinance regulating or licensing pet dealers as  defined  in
this  article].  Nothing  in this section shall be construed to limit or
restrict any municipality from ENACTING  OR  enforcing  any  local  law,
rule,  regulation  or  ordinance  [of  general application to businesses
governing public health, safety or the rights  of  consumers]  GOVERNING
PET  DEALERS PROVIDED, HOWEVER, THAT NO SUCH LOCAL LAW, RULE, REGULATION
OR ORDINANCE SHALL BE LESS STRINGENT THAN THIS ARTICLE.    ANY  LOCALITY
THAT  ADOPTS  A MORE STRINGENT LAW, RULE, OR ORDINANCE THAN THIS ARTICLE
HAS SOLE RESPONSIBILITY FOR ENFORCEMENT  OF  SUCH  MORE  STRINGENT  LAW,
RULE, REGULATION, OR ORDINANCE, WHICH RESPONSIBILITY CANNOT BE ASSIGNED,
DIRECTLY  OR  INDIRECTLY,  TO A NON-GOVERNMENTAL ENTITY. A LOCALITY WILL
ONLY HAVE THE AUTHORITY TO ENFORCE SUCH MORE STRINGENT LAW, RULE,  REGU-
LATION, OR ORDINANCE THAT HAS BEEN ENACTED BY THAT LOCALITY.
  S  2.  Section  753-e of the general business law, as added by chapter
259 of the laws of 2000, is amended to read as follows:
  S 753-e. Preemption of local laws.  The  provisions  of  this  article
shall apply to all municipalities, including cities with a population of
one  million  or  more[,  and shall supersede any local law, rule, regu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09624-03-9
              

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