Bill Text: NY S08807 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 8807 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-19 - referred to agriculture [S08807 Detail]

Download: New_York-2017-S08807-Introduced.html



                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