S04495 Summary:

BILL NOS04495
 
SAME ASSAME AS A05819
 
SPONSORMARTINEZ
 
COSPNSRFUNKE
 
MLTSPNSR
 
Amd 192, Ag & Mkts L; amd 396-x, Gen Bus L
 
Relates to automobile tire inflation machines; vests jurisdiction over automobile tire inflation machines with the state.
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S04495 Actions:

BILL NOS04495
 
03/13/2019REFERRED TO AGRICULTURE
05/29/20191ST REPORT CAL.911
05/30/20192ND REPORT CAL.
06/03/2019ADVANCED TO THIRD READING
06/05/2019PASSED SENATE
06/05/2019DELIVERED TO ASSEMBLY
06/05/2019referred to agriculture
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S04495 Memo:

Memo not available
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S04495 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4495
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 13, 2019
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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 nineteen 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09797-01-9

        S. 4495                             2
 
     1  two thousand nineteen that amended this subdivision be preempted.  Noth-
     2  ing  in  this section shall be construed to restrict a municipality from
     3  enforcing the provisions of this subdivision as it relates to  providing
     4  functioning  tire inflation equipment as required by the commissioner of
     5  agriculture and markets.
     6    § 3. This act shall take effect immediately.
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S04495 LFIN:

 NO LFIN
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