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A00843 Summary:

BILL NOA00843
 
SAME ASNo Same As
 
SPONSORCymbrowitz
 
COSPNSRCahill, Jaffee, Robinson
 
MLTSPNSRDenDekker, Russell
 
Amd S396-x, Gen Bus L; amd SS16 & 192, Ag & Mkts L
 
Relates to requiring gasoline stations to provide free air pumps and water for use in servicing motor vehicles.
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A00843 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           843
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2015
                                       ___________
 
        Introduced by M. of A. CYMBROWITZ, CAHILL, SCARBOROUGH, JAFFEE, ROBINSON
          --  Multi-Sponsored by -- M. of A. DenDEKKER, RUSSELL -- read once and
          referred to the Committee on Economic Development
 
        AN ACT to amend the general business law and the agriculture and markets
          law, in relation to requiring gasoline stations to  provide  free  air
          pumps and water for use in servicing motor vehicles
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 396-x of the general  business  law,  as  added  by
     2  chapter 616 of the laws of 1984, is amended to read as follows:
     3    § 396-x. Gasoline stations; air pumps required. 1. Definition. As used
     4  in  this  section:  "dealer" shall mean any person owning or operating a
     5  premise or facility with four or more gas  dispensing  nozzles  for  the
     6  retail sale of motor fuels for use in motor vehicles.
     7    2. Any dealer must provide on the premises where motor fuel is sold at
     8  retail  for  use  in  motor  vehicles  and  make available at no cost to
     9  customers, a functioning motor driven air compressor capable of  inflat-
    10  ing  automobile  tires [for use by customers], a gauge for measuring air
    11  pressure, and water, for use in  servicing  any  motor  vehicle,  during
    12  hours in which such station is open for business.
    13    3.  (a)  Wilful  failure to comply with the provisions of this section
    14  shall subject a dealer to a civil penalty of up to  [twenty-five]  fifty
    15  dollars  for  each  day  such  failure  occurs. If the failure to comply
    16  results from the breakdown of the air compressor, the failure to  repair
    17  within a reasonable time shall constitute wilful conduct.
    18    (b)  The provisions of subdivision two of this section may be enforced
    19  concurrently by the director of a municipal consumer affairs office,  or
    20  by the town attorney, city corporation counsel, or other lawful designee
    21  of  a  municipality  or local government, and all moneys collected under
    22  this section shall be retained by such municipality or local government.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05023-01-5

        A. 843                              2
 
     1    (c) No dealer shall be guilty of the infraction specified in paragraph
     2  (a) of this subdivision if that person, within seven days after  receiv-
     3  ing  notification  from  the  director  of  a municipal consumer affairs
     4  office, or the town attorney, city  corporation  counsel,  other  lawful
     5  designee  of  a municipality or local government, or attorney general of
     6  any violation of this section, makes whatever changes are  necessary  to
     7  comply with the requirements of this section.
     8    4.  Every  dealer  in this state shall display, at a conspicuous place
     9  on, at, or near the dispensing apparatus, at least one  clearly  visible
    10  sign which shall read as follows: "NEW YORK LAW REQUIRES THIS STATION TO
    11  PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
    12    IF  YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
    13  TOLL-FREE TELEPHONE NUMBER: 1(800)_____________." All letters,  figures,
    14  or numerals on such sign, however affixed, marked, imprinted, placed, or
    15  embossed,  shall  be at least three-fourths of an inch in height and all
    16  lines or marks used in  the  making  or  forming  of  all  the  letters,
    17  figures,  or  numerals  which  are  a part of the sign shall be at least
    18  one-eighth of an inch in width. As used in this subdivision, "automotive
    19  purposes" does not include the washing of vehicles.
    20    § 2. Section 16 of the agriculture  and  markets  law  is  amended  by
    21  adding a new subdivision 45 to read as follows:
    22    45.  (a)  The department shall, no later than January first, two thou-
    23  sand sixteen, establish  a  toll-free  telephone  number  for  receiving
    24  complaints  related  to the provision of free air and water to customers
    25  of gasoline stations pursuant to section three hundred  ninety-six-x  of
    26  the general business law, as added by chapter six hundred sixteen of the
    27  laws of nineteen hundred eighty-four, and subdivision six of section one
    28  hundred  ninety-two  of  this  chapter.  The  toll-free telephone number
    29  thereby established shall be printed on the sign  required  pursuant  to
    30  such section. The toll-free number may be an existing number established
    31  by the department for receiving inquiries from consumers.
    32    (b)  Employees of the department, upon notice of a complaint forwarded
    33  pursuant to this section, or by  any  other  means,  shall  forward  the
    34  contents  of  such  complaint  to  the appropriate municipality or local
    35  government for the purposes of addressing such complaint.
    36    § 3. Subdivision 6 of section 192 of the agriculture and markets  law,
    37  as  added  by  chapter  126  of  the laws of 1985, is amended to read as
    38  follows:
    39    6. Gasoline stations; air pumps required. a. Definition.  As  used  in
    40  this  subdivision:  "dealer" shall mean any person owning or operating a
    41  premise or facility with four or more gas  dispensing  nozzles  for  the
    42  retail sale of motor fuels for use in motor vehicles.
    43    b. Any dealer must provide on the premises where motor fuel is sold at
    44  retail  for  use in motor vehicles and make available at no cost a func-
    45  tioning motor driven air  compressor  capable  of  inflating  automobile
    46  tires  [for  use  by customers], a gauge for measuring air pressure, and
    47  water, for use in servicing any motor vehicle,  during  hours  in  which
    48  such station is open for business.
    49    c.  (i)  Wilful failure to comply with the provisions of this subdivi-
    50  sion shall subject a dealer to a civil penalty of  up  to  [twenty-five]
    51  fifty dollars for each day such failure occurs. If the failure to comply
    52  results  from the breakdown of the air compressor, the failure to repair
    53  within a reasonable time shall constitute wilful conduct.
    54    (ii) The provisions of paragraph b of this subdivision may be enforced
    55  concurrently by the director of a municipal consumer affairs office,  or
    56  by the town attorney, city corporation counsel, or other lawful designee

        A. 843                              3
 
     1  of  a  municipality or local government, and all moneys collected there-
     2  under shall be retained by such municipality or local government.
     3    (iii)  No  dealer  shall be guilty of the infraction specified in this
     4  subdivision if that person, within seven days after receiving  notifica-
     5  tion  from  the  director of a municipal consumer affairs office, or the
     6  town attorney, city corporation counsel,  other  lawful  designee  of  a
     7  municipality  or  local government, or attorney general of any violation
     8  of this subdivision, makes whatever changes are necessary to comply with
     9  the requirements of this subdivision.
    10    d. Every dealer in this state shall display, at  a  conspicuous  place
    11  on,  at,  or near the dispensing apparatus, at least one clearly visible
    12  sign which shall read as follows: "NEW YORK LAW REQUIRES THIS STATION TO
    13  PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
    14    IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL  THIS
    15  TOLL  FREE  TELEPHONE NUMBER: 1 (800) __________." All letters, figures,
    16  or numerals on such sign, however affixed, marked, imprinted, placed, or
    17  embossed, shall be at least three-fourths of an inch in height  and  all
    18  lines  or  marks  used  in  the  making  or  forming of all the letters,
    19  figures, or numerals which are a part of the  sign  shall  be  at  least
    20  one-eighth  of an inch in width. As used in this subdivision, automotive
    21  purposes does not include the washing of vehicles.
    22    § 4. This act shall take effect  April  1,  2016;  provided  that  the
    23  department  of  agriculture  and  markets  shall establish the toll-free
    24  telephone number as required by section two of this  act  on  or  before
    25  January 1, 2016.
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