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Assembly Bill A1731A

2011-2012 Legislative Session

Relates to preemption of local laws; repealer

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-A1731 - Details

See Senate Version of this Bill:
S1262
Current Committee:
Assembly Codes
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 Other Legislative Sessions:
2009-2010: A8162
2013-2014: A740, S3753

2011-A1731 - Summary

Relates to preemption of local law.

2011-A1731 - Bill Text download pdf 

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

                                  1731

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

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] 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

2011-A1731A (ACTIVE) - Details

See Senate Version of this Bill:
S1262
Current Committee:
Assembly Codes
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 Other Legislative Sessions:
2009-2010: A8162
2013-2014: A740, S3753

2011-A1731A (ACTIVE) - Summary

Relates to preemption of local law.

2011-A1731A (ACTIVE) - Bill Text download pdf 

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

                                 1731--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced by M. of A. ROSENTHAL, WEPRIN, RAIA -- read once and referred
  to  the  Committee  on  Agriculture -- recommitted to the Committee on
  Agriculture in accordance with Assembly Rule 3, sec.  2  --  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.
                                                           LBD01393-04-2

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