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S04495 Summary:

S04495 Actions:

S04495 Committee Votes:

S04495 Floor Votes:

S04495 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4495--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 13, 2019
                                       ___________
 
        Introduced  by  Sens. MARTINEZ, FUNKE -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Agriculture  --
          recommitted  to the Committee on Agriculture in accordance with Senate
          Rule  6,  sec.  8  --  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 automobile tire inflation machines
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph b of subdivision 6 of section 192 of the agricul-
     2  ture and markets law, as added by chapter 126 of the laws  of  1985,  is
     3  amended to read as follows:
     4    b. Any dealer must provide on the premises where motor fuel is sold at
     5  retail for use in motor vehicles a functioning motor driven air compres-
     6  sor  capable  of  inflating automobile tires for use by customers during
     7  hours in which such station is open for business.   Jurisdiction in  all
     8  matters  pertaining  to  this subdivision shall be vested exclusively in
     9  the state. Any provision of any local law or ordinance or  any  rule  or
    10  regulation  promulgated  thereto  governing  tire inflation operation or
    11  equipment shall upon the effective date of the chapter of  the  laws  of
    12  two thousand twenty that amended this paragraph be preempted. Nothing in
    13  this  section shall be construed to restrict a municipality from enforc-
    14  ing the provisions of this subdivision as it relates to providing  func-
    15  tioning tire inflation equipment as required by the commissioner.
    16    §  2.  Subdivision  2 of section 396-x of the general business law, as
    17  added by chapter 616 of the laws of 1984, is amended to read as follows:
    18    2. Any dealer must provide on the premises where motor fuel is sold at
    19  retail for use in motor vehicles a functioning motor driven air compres-
    20  sor capable of inflating automobile tires for use  by  customers  during
    21  hours  in  which such station is open for business.  Jurisdiction in all
    22  matters pertaining to this subdivision shall be  vested  exclusively  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09797-04-0
        S. 4495--A                          2
 
     1  the  state.  Any  provision of any local law or ordinance or any rule or
     2  regulation promulgated thereto governing  tire  inflation  operation  or
     3  equipment  shall  upon  the effective date of the chapter of the laws of
     4  two  thousand twenty that amended this subdivision be preempted. Nothing
     5  in this section shall be  construed  to  restrict  a  municipality  from
     6  enforcing  the provisions of this subdivision as it relates to providing
     7  functioning tire inflation equipment as required by the commissioner  of
     8  agriculture and markets.
     9    § 3. This act shall take effect immediately.