Bill Text: NY A01731 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Relates to preemption of local law.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-05-31 - reported referred to codes [A01731 Detail]

Download: New_York-2011-A01731-Introduced.html

---

                           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:
    1    Section  1. Section 400-a of the agriculture and markets law, as added
    2  by chapter 259 of the laws of 2000, is amended to read as follows:
    3    S 400-a. Preemption of local laws.  The  provisions  of  this  article
    4  shall  apply  to all municipalities[, including cities with a population
    5  of one million or more] EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED-B  OF
    6  THIS  ARTICLE,  and  shall supersede any local law, rule, regulation, or
    7  ordinance regulating or licensing pet dealers as defined in  this  arti-
    8  cle. Nothing in this section shall be construed to limit or restrict any
    9  municipality  from ENACTING OR enforcing any local law, rule, regulation
   10  or ordinance of  general  application  to  businesses  governing  public
   11  health, safety or the rights of consumers.
   12    S  2.  The  agriculture  and  markets  law  is amended by adding a new
   13  section 400-b to read as follows:
   14    S 400-B. LOCAL LAWS IN CERTAIN CITIES. NOTWITHSTANDING THE  PROVISIONS
   15  OF  SECTION  FOUR HUNDRED-A OF THIS ARTICLE, CITIES WITH A POPULATION OF
   16  ONE MILLION OR MORE SHALL BE AUTHORIZED TO ENACT  LOCAL  LAWS,  RULE  OR
   17  REGULATIONS  GOVERNING PET DEALERS PROVIDED, HOWEVER, THAT NO SUCH LOCAL
   18  LAW, RULE, REGULATION OR ORDINANCE SHALL BE  LESS  STRINGENT  THAN  THIS
   19  ARTICLE.  ANY  LOCALITY THAT ADOPTS A MORE STRINGENT LAW, RULE, OR ORDI-
   20  NANCE THAN THIS ARTICLE HAS SOLE RESPONSIBILITY FOR ENFORCEMENT OF  SUCH
   21  MORE STRINGENT LAW, RULE, REGULATION, OR ORDINANCE, WHICH RESPONSIBILITY
   22  CANNOT  BE ASSIGNED, DIRECTLY OR INDIRECTLY, TO A NON-GOVERNMENTAL ENTI-
   23  TY. A LOCALITY WILL ONLY HAVE THE AUTHORITY TO ENFORCE SUCH MORE  STRIN-
   24  GENT  LAW,  RULE, REGULATION, OR ORDINANCE THAT HAS BEEN ENACTED BY THAT
   25  LOCALITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01393-01-1
       A. 1731                             2
    1    S 3. Section 753-e of the general business law, as  added  by  chapter
    2  259 of the laws of 2000, is amended to read as follows:
    3    S  753-e.  Preemption  of  local  laws. The provisions of this article
    4  shall apply to all municipalities[, including cities with  a  population
    5  of  one  million  or  more]  EXCEPT AS PROVIDED IN SECTION SEVEN HUNDRED
    6  FIFTY-THREE-F OF THIS ARTICLE, and shall supersede any local law,  rule,
    7  regulation,  or ordinance regulating or licensing pet dealers as defined
    8  in this article. Nothing in this section shall be construed to limit  or
    9  restrict any municipality from enforcing any local law, rule, regulation
   10  or  ordinance  of  general  application  to  businesses governing public
   11  health, safety or the rights of consumers.
   12    S 4. The general business law is amended by adding a new section 753-f
   13  to read as follows:
   14    S 753-F.  LOCAL LAWS IN CERTAIN CITIES. NOTWITHSTANDING THE PROVISIONS
   15  OF SECTION SEVEN HUNDRED FIFTY-THREE-E OF THIS ARTICLE,  CITIES  WITH  A
   16  POPULATION  OF  ONE  MILLION  OR MORE SHALL BE AUTHORIZED TO ENACT LOCAL
   17  LAWS, RULE OR REGULATIONS GOVERNING PET DEALERS PROVIDED, HOWEVER,  THAT
   18  NO SUCH LOCAL LAW, RULE, REGULATION OR ORDINANCE SHALL BE LESS STRINGENT
   19  THAN  THIS ARTICLE. ANY LOCALITY THAT ADOPTS A MORE STRINGENT LAW, RULE,
   20  OR ORDINANCE THAN THIS ARTICLE HAS SOLE RESPONSIBILITY  FOR  ENFORCEMENT
   21  OF  SUCH  MORE  STRINGENT  LAW,  RULE,  REGULATION,  OR ORDINANCE, WHICH
   22  RESPONSIBILITY CANNOT BE ASSIGNED, DIRECTLY OR INDIRECTLY, TO A  NON-GO-
   23  VERNMENTAL  ENTITY.  A  LOCALITY WILL ONLY HAVE THE AUTHORITY TO ENFORCE
   24  SUCH MORE STRINGENT LAW, RULE, REGULATION, OR ORDINANCE  THAT  HAS  BEEN
   25  ENACTED BY THAT LOCALITY.
   26    S 5. This act shall take effect immediately.