S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    567
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. YOUNG, BONACIC, DeFRANCISCO, FUNKE, RANZENHOFER --
   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, in relation to the
   powers and duties of the commissioner; and to amend  the  vehicle  and
   traffic law in relation to the transportation of bulk milk
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 16 of the agriculture and  markets
 law,  such  section  as renumbered by chapter 16 of the laws of 1935, is
 amended to read as follows:
   4.  Investigate  the  sources  of  food  supply  for  the  state,  the
 production,  transportation, storage, marketing and distribution of food
 sold, offered for sale, stored or held within the  state,  the  cost  OR
 BARRIERS  of  transportation to the leading centers of population and of
 distribution to consumers.
   § 2. Subdivision 11 of section 16 of the agriculture and markets  law,
 as  amended  by  chapter  267 of the laws of 1970, is amended to read as
 follows:
   11. Co-operate with the commissioner of transportation with  the  view
 of  obtaining  suitable,  expeditious  and economical facilities for the
 shipment of food, and recommend as to the action to  be  taken  by  such
 commissioner to avoid and prevent unfair discrimination in such shipment
 and unreasonable delay OR BARRIERS in the transportation thereof, and to
 obtain fair and reasonable rates for such transportation.
   § 3. Paragraph (d) of subdivision 15 of section 385 of the vehicle and
 traffic law, as amended by section 3 of part C of chapter 59 of the laws
 of 2004, is amended to read as follows:
   (d)  Except  during storms, floods, fires or other public emergencies,
 no such permit may be issued to include  a  towing  operation  involving

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05929-01-7

 S. 567                              2
 
 more than two vehicles except three vehicle combinations consisting of a
 tractor,  semitrailer  and  trailer or a tractor and two trailers within
 legal weight and width limits proceeding to or from any qualifying high-
 way  or  access highway. Every such permit may designate the route to be
 traversed and contain any other restrictions or conditions deemed neces-
 sary by the issuing authority. Every such permit shall be carried on the
 vehicle to which it refers and shall be open to the  inspection  of  any
 peace officer, acting pursuant to his special duties, or police officer,
 or any other officer or employee authorized to enforce this section. All
 permits  issued  shall be revocable by the authority issuing them at the
 discretion of the authority without a hearing or the necessity of  show-
 ing  cause.  Except  for  a  vehicle  having  a maximum gross weight not
 exceeding eighty thousand pounds without regard to any axle weight limi-
 tation set forth herein or the maximum gross weight established  by  the
 formula  commonly  referred  to  as  the  bridge formula as set forth in
 subdivision ten of this section and except  for  state  or  municipally-
 owned  single  vehicles  engaged  in snow and ice control operations, or
 designed or fitted for snow and ice control operations while engaged  in
 other public works operations on public highways which do not exceed the
 weight  limits  contained in subdivision seventeen-a of this section, no
 permit shall be issued to allow operation or movement of any vehicle  or
 combination  of  vehicles whose weight exceeds the limitations otherwise
 prescribed in this section other than an annual permit  issued  pursuant
 to  paragraph  (f)  of  this  subdivision  except  upon a finding by the
 department of transportation or the appropriate authority, as  the  case
 may  be,  that  the  load  proposed is of one piece or item or otherwise
 cannot be separated into units of less weight  provided,  however,  that
 any  such  permit  issued  upon  such finding shall not be valid for the
 operation or movement of such vehicles on any  state  or  other  highway
 within any city not wholly included within one county.  PROVIDED, HOWEV-
 ER,  A  PERMIT FOR THE TRANSPORTATION OF BULK MILK SHALL BE VALID ON ANY
 STATE OR OTHER HIGHWAY UNLESS SUCH VEHICLE OR ANY COMBINATION  OF  VEHI-
 CLES  TRANSPORTING  SUCH MILK EXCEEDS LIMITATIONS ON SUCH STATE OR OTHER
 HIGHWAY AS DETERMINED BY THE DEPARTMENT OF TRANSPORTATION OR WITHIN  ANY
 CITY  NOT WHOLLY CONTAINED WITHIN ONE COUNTY BY THE DEPARTMENT OF TRANS-
 PORTATION AND THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY.  Bulk  milk
 may be considered one piece or item.
   § 4. This act shall take effect immediately.