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
S. 6062 2
S 3. 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] EXCEPT AS PROVIDED IN SECTION SEVEN HUNDRED
FIFTY-THREE-F OF THIS ARTICLE, and shall supersede any local law, rule,
regulation, 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 enforcing any local law, rule, regulation
or ordinance of general application to businesses governing public
health, safety or the rights of consumers.
S 4. The general business law is amended by adding a new section 753-f
to read as follows:
S 753-F. LOCAL LAWS IN CERTAIN CITIES. NOTWITHSTANDING THE PROVISIONS
OF SECTION SEVEN HUNDRED FIFTY-THREE-E 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 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-GO-
VERNMENTAL ENTITY. A LOCALITY WILL ONLY HAVE THE AUTHORITY TO ENFORCE
SUCH MORE STRINGENT LAW, RULE, REGULATION, OR ORDINANCE THAT HAS BEEN
ENACTED BY THAT LOCALITY.
S 5. This act shall take effect immediately.
