A10901 Summary:

BILL NOA10901
 
SAME ASSAME AS S02478
 
SPONSORMagee
 
COSPNSR
 
MLTSPNSR
 
Amd S16, Ag & Mkts L; amd S385, V & T L
 
Allows the department of transportation, in conjunction with the department of agriculture and markets, to investigate and resolve any barriers to bulk milk transportation; enables the state department of transportation and the NYC department of transportation to jointly establish weight standards for bulk milk haulers traveling within NYC.
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A10901 Actions:

BILL NOA10901
 
04/29/2010referred to agriculture
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A10901 Floor Votes:

There are no votes for this bill in this legislative session.
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A10901 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10901
 
                   IN ASSEMBLY
 
                                     April 29, 2010
                                       ___________
 
        Introduced  by M. of A. MAGEE -- read once and referred to the Committee
          on Agriculture
 
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          powers  and  duties  of the commissioner; and to amend the vehicle and
          traffic law in relation to the transportation of bulk milk
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1. Subdivision 4 of section 16 of the agriculture and markets
     2  law, such section as renumbered by chapter 16 of the laws  of  1935,  is
     3  amended to read as follows:
     4    4.  Investigate  the  sources  of  food  supply  for  the  state,  the
     5  production, transportation, storage, marketing and distribution of  food
     6  sold,  offered  for  sale,  stored or held within the state, the cost or
     7  barriers of transportation to the leading centers of population  and  of
     8  distribution to consumers.
     9    §  2. Subdivision 11 of section 16 of the agriculture and markets law,
    10  as amended by chapter 267 of the laws of 1970, is  amended  to  read  as
    11  follows:
    12    11.  Co-operate  with the commissioner of transportation with the view
    13  of obtaining suitable, expeditious and  economical  facilities  for  the

    14  shipment  of  food,  and  recommend as to the action to be taken by such
    15  commissioner to avoid and prevent unfair discrimination in such shipment
    16  and unreasonable delay or barriers in the transportation thereof, and to
    17  obtain fair and reasonable rates for such transportation.
    18    § 3. Paragraph (d) of subdivision 15 of section 385 of the vehicle and
    19  traffic law, as amended by section 3 of part C of chapter 59 of the laws
    20  of 2004, is amended to read as follows:
    21    (d) Except during storms, floods, fires or other  public  emergencies,
    22  no  such  permit  may  be issued to include a towing operation involving
    23  more than two vehicles except three vehicle combinations consisting of a
    24  tractor, semitrailer and trailer or a tractor and  two  trailers  within
    25  legal weight and width limits proceeding to or from any qualifying high-

    26  way  or  access highway. Every such permit may designate the route to be
    27  traversed and contain any other restrictions or conditions deemed neces-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07685-01-9

        A. 10901                            2
 
     1  sary by the issuing authority. Every such permit shall be carried on the
     2  vehicle to which it refers and shall be open to the  inspection  of  any
     3  peace officer, acting pursuant to his special duties, or police officer,
     4  or any other officer or employee authorized to enforce this section. All
     5  permits  issued  shall be revocable by the authority issuing them at the
     6  discretion of the authority without a hearing or the necessity of  show-

     7  ing  cause.  Except  for  a  vehicle  having  a maximum gross weight not
     8  exceeding eighty thousand pounds without regard to any axle weight limi-
     9  tation set forth herein or the maximum gross weight established  by  the
    10  formula  commonly  referred  to  as  the  bridge formula as set forth in
    11  subdivision ten of this section and except  for  state  or  municipally-
    12  owned  single  vehicles  engaged  in snow and ice control operations, or
    13  designed or fitted for snow and ice control operations while engaged  in
    14  other public works operations on public highways which do not exceed the
    15  weight  limits  contained in subdivision seventeen-a of this section, no
    16  permit shall be issued to allow operation or movement of any vehicle  or
    17  combination  of  vehicles whose weight exceeds the limitations otherwise
    18  prescribed in this section other than an annual permit  issued  pursuant

    19  to  paragraph  (f)  of  this  subdivision  except  upon a finding by the
    20  department of transportation or the appropriate authority, as  the  case
    21  may  be,  that  the  load  proposed is of one piece or item or otherwise
    22  cannot be separated into units of less weight  provided,  however,  that
    23  any  such  permit  issued  upon  such finding shall not be valid for the
    24  operation or movement of such vehicles on any  state  or  other  highway
    25  within any city not wholly included within one county.  Provided, howev-
    26  er,  a  permit for the transportation of bulk milk shall be valid on any
    27  state or other highway unless such vehicle or any combination  of  vehi-
    28  cles  transporting  such milk exceeds limitations on such state or other
    29  highway as determined by the department of transportation or within  any

    30  city  not wholly contained within one county by the department of trans-
    31  portation and the department of transportation of such city.  Bulk  milk
    32  may be considered one piece or item.
    33    § 4. This act shall take effect immediately.
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