senate Bill S1262A

2011-2012 Legislative Session

Relates to preemption of local laws; repealer

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 print number 1262a
amend (t) and recommit to agriculture
Jan 04, 2012 referred to agriculture
Jan 06, 2011 referred to agriculture

Co-Sponsors

S1262 - Details

See Assembly Version of this Bill:
A1731A
Law Section:
Agriculture and Markets Law
Laws Affected:
Rpld §400-a, amd §407, Ag & Mkts L; amd §753-d, rpld §753-e, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1731A
2009-2010: A8162B, S6062

S1262 - Summary

Relates to preemption of local law.

S1262 - Sponsor Memo

S1262 - Bill Text download pdf

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

                                  1262

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

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] 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.
                                                           LBD01393-01-1

Co-Sponsors

view additional co-sponsors

S1262A (ACTIVE) - Details

See Assembly Version of this Bill:
A1731A
Law Section:
Agriculture and Markets Law
Laws Affected:
Rpld §400-a, amd §407, Ag & Mkts L; amd §753-d, rpld §753-e, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1731A
2009-2010: A8162B, S6062

S1262A (ACTIVE) - Summary

Relates to preemption of local law.

S1262A (ACTIVE) - Sponsor Memo

S1262A (ACTIVE) - Bill Text download pdf

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

                                 1262--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. ADDABBO, AVELLA, KENNEDY, KRUEGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture  -- recommitted to the Committee on Agriculture in accord-
  ance with Senate Rule 6, sec. 8 -- 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 the  preemption  of  local  laws;  and  to  repeal
  section  400-a of the agriculture and markets law and section 753-e of
  the general business law relating thereto

  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 is
REPEALED.
  S 2. Section 407 of the agriculture and markets law, as added by chap-
ter 259 of the laws of 2000, is amended to read as follows:
  S 407. Construction with other laws. Nothing in this article shall  be
construed  to  (A) limit or restrict agents or officers of societies for
the prevention of cruelty to animals or the police from enforcing  other
provisions of article twenty-six of this chapter or any other law relat-
ing  to  the  humane  treatment  of  or cruelty to animals, (B) LIMIT OR
RESTRICT ANY MUNICIPALITY FROM ENACTING OR  ENFORCING  ANY  LOCAL  LAWS,
RULES,  REGULATIONS  OR  ORDINANCES OF GENERAL APPLICATION TO BUSINESSES
GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS, OR (C) LIMIT
OR RESTRICT ANY MUNICIPALITY FROM ENACTING ANY LOCAL LAWS, RULES,  REGU-
LATIONS  OR  ORDINANCES GOVERNING PET DEALERS PROVIDED, HOWEVER, THAT NO
SUCH LOCAL LAWS, RULES, REGULATIONS OR ORDINANCES SHALL BE  LESS  STRIN-
GENT  THAN THIS ARTICLE. ANY MUNICIPALITY THAT ADOPTS LAWS, RULES, REGU-
LATIONS OR ORDINANCES THAT ARE MORE STRINGENT  THAN  THE  PROVISIONS  IN
THIS  ARTICLE,  OR  THAT  CONCERN PUBLIC HEALTH, SAFETY OR THE RIGHTS OF
CONSUMERS, HAS SOLE RESPONSIBILITY FOR ENFORCEMENT OF SUCH LAWS,  RULES,
REGULATIONS, OR ORDINANCES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01393-05-2

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