S T A T E   O F   N E W   Y O R K
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                                  2478

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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.
  S  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.
  S 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
more than two vehicles except three vehicle combinations consisting of a
tractor, semitrailer and trailer or a tractor and  two  trailers  within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07685-01-9
              

S. 2478                             2

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.
  S 4. This act shall take effect immediately.