Stricken language would be deleted from and underlined language would be added to present law.
Act 730 of the Regular Session
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1591
4
5 By: Representatives Ray, Beaty Jr.
6 By: Senator J. Dotson
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ARKANSAS RETAIL PET STORE
10 CONSUMER PROTECTION ACT OF 1991; TO CLARIFY THE
11 APPLICABILITY OF THE ARKANSAS RETAIL PET STORE
12 CONSUMER PROTECTION ACT OF 1991; TO PREEMPT CERTAIN
13 LAWS CONCERNING RETAIL PET STORES; AND FOR OTHER
14 PURPOSES.
15
16
17 Subtitle
18 TO CLARIFY THE APPLICABILITY OF THE
19 ARKANSAS RETAIL PET STORE CONSUMER
20 PROTECTION ACT OF 1991; AND TO PREEMPT
21 CERTAIN LAWS CONCERNING RETAIL PET
22 STORES.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code § 4-97-103, concerning the definitions used
28 under the Arkansas Retail Pet Store Consumer Protection Act of 1991, is
29 amended to add an additional subdivision to read as follows:
30 (12) "Local government" means a city of the first class, a city
31 of the second class, an incorporated town, or a county.
32
33 SECTION 2. Arkansas Code § 4-97-109 is amended to read as follows:
34 4-97-109. Applicability to other laws — Preemption.
35 (a) Nothing in Except as provided in subsection (b) of this section,
36 this chapter shall not be construed to prevent or limit the application of
*ANS148* 03/01/2023 01:44:15 PM ANS148
 HB1591
1 any other law.
2 (b) A local government shall not pass an ordinance, resolution, or
3 regulation that prohibits a retail pet store from:
4 (1) Acquiring an animal from a:
5 (A) Cattery;
6 (B) Kennel; or
7 (C) Dealer as defined in 7 U.S.C. § 2132, as it existed on
8 January 1, 2023; or
9 (2) Selling an animal that is acquired from a cattery, kennel,
10 or dealer as defined in 7 U.S.C. § 2132, as it existed on January 1, 2023, to
11 a person.
12 (c) An ordinance, resolution, or regulation of a local government
13 shall be rendered invalid if it is found to be in conflict with the language
14 set out within this section.
15
16
17 APPROVED: 4/12/23
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
2 03/01/2023 01:44:15 PM ANS148