Bill Text: NY A05819 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to automobile tire inflation machines; vests jurisdiction over automobile tire inflation machines with the state.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2020-10-07 - SIGNED CHAP.231 [A05819 Detail]

Download: New_York-2019-A05819-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5819--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2019
                                       ___________

        Introduced  by M. of A. ABBATE, JEAN-PIERRE, CYMBROWITZ -- read once and
          referred to the Committee on Agriculture -- recommitted to the Commit-
          tee on Agriculture in accordance with  Assembly  Rule  3,  sec.  2  --
          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.
                                                                   LBD09797-05-0
        A. 5819--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.