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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5819
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced by M. of A. ABBATE -- read once and referred 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
        A. 5819                             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.