STATE OF NEW YORK
________________________________________________________________________
8807
IN SENATE
May 21, 2018
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
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 eighteen that amended this paragraph be preempted. Nothing
13 in this section shall be construed to restrict a municipality from
14 enforcing the provisions of this subdivision as it relates to providing
15 functioning 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
23 the state. Any provision of any local law or ordinance or any rule or
24 regulation promulgated thereto governing tire inflation operation or
25 equipment shall upon the effective date of the chapter of the laws of
26 two thousand eighteen that amended this subdivision be preempted. Noth-
27 ing in this section shall be construed to restrict a municipality from
28 enforcing the provisions of this subdivision as it relates to providing
29 functioning tire inflation equipment as required by the commissioner of
30 agriculture and markets.
31 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15622-01-8
