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
S. 4623--A 2
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 3. This act shall take effect immediately.