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Assembly Bill A8162

2009-2010 Legislative Session

Relates to regulation of pet dealers by municipalities

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2009-A8162 - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400-a, Ag & Mkts L; amd §753-e, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1731
2013-2014: A740

2009-A8162 - Summary

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

2009-A8162 - Bill Text download pdf 

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

                                  8162

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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-A8162A - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400-a, Ag & Mkts L; amd §753-e, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1731
2013-2014: A740

2009-A8162A - Summary

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

2009-A8162A - Sponsor Memo

2009-A8162A - Bill Text download pdf 

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

                                 8162--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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 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.
                                                           LBD09624-02-9

2009-A8162B (ACTIVE) - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §400-a, Ag & Mkts L; amd §753-e, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1731
2013-2014: A740

2009-A8162B (ACTIVE) - Summary

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

2009-A8162B (ACTIVE) - Sponsor Memo

2009-A8162B (ACTIVE) - Bill Text download pdf 

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

                                 8162--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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 -- reported and referred  to
  the  Committee on Rules -- 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] 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09624-04-9

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