Senate Bill S6062

2009-2010 Legislative Session

Relates to regulation of pet dealers by municipalities

download bill text pdf

Sponsored By

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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2009-S6062 (ACTIVE) - Details

See Assembly Version of this Bill:
A8162
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400-a, add §400-b, Ag & Mkts L; amd §753-e, add §753-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1731
2013-2014: A740

2009-S6062 (ACTIVE) - Summary

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

2009-S6062 (ACTIVE) - Sponsor Memo

2009-S6062 (ACTIVE) - Bill Text download pdf

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

                                  6062

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 24, 2009
                               ___________

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

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] EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED-B  OF
THIS  ARTICLE,  and  shall supersede any local law, rule, regulation, or
ordinance regulating or licensing pet dealers as defined in  this  arti-
cle. 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.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 400-b to read as follows:
  S 400-B. LOCAL LAWS IN CERTAIN CITIES. NOTWITHSTANDING THE  PROVISIONS
OF  SECTION  FOUR HUNDRED-A OF THIS ARTICLE, CITIES WITH A POPULATION OF
ONE MILLION OR MORE SHALL BE AUTHORIZED TO ENACT  LOCAL  LAWS,  RULE  OR
REGULATIONS  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 ORDI-
NANCE 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 ENTI-
TY. A LOCALITY WILL ONLY HAVE THE AUTHORITY TO ENFORCE SUCH MORE  STRIN-
GENT  LAW,  RULE, REGULATION, OR ORDINANCE THAT HAS BEEN ENACTED BY THAT
LOCALITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09624-05-9
              

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