senate Bill S773

2011-2012 Legislative Session

Prohibits the filling, emptying or use of any liquefied petroleum gas container, except by the owner thereof or by a person authorized in writing by such owner

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Archive: Last Bill Status - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 vetoed memo.136
Jul 20, 2012 delivered to governor
Jun 18, 2012 returned to senate
passed assembly
ordered to third reading rules cal.286
substituted for a4055
May 31, 2012 referred to agriculture
delivered to assembly
passed senate
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.750
Jan 04, 2012 referred to agriculture
Jan 05, 2011 referred to agriculture

Votes

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May 15, 2012 - Agriculture committee Vote

S773
8
0
committee
8
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Agriculture Committee Vote: May 15, 2012

aye wr (2)

S773 - Bill Details

See Assembly Version of this Bill:
A4055
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง192-e, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
S2481, A2302

S773 - Bill Texts

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Prohibits the filling, emptying or use of any liquefied petroleum gas cylinder, container or receptacle, except by the owner thereof or by a person authorized in writing by such owner.

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BILL NUMBER:S773

TITLE OF BILL:

An act
to amend the agriculture and markets law, in relation to the delivery of
liquefied petroleum gas

PURPOSE:

This bill prohibits the filling, emptying or use of any liquefied
petroleum gas container, except by the owner or by a person
authorized in writing by the owner.

SUMMARY OF PROVISIONS:

Section 192-e of the Agriculture and Markets Law is amended to
prohibit the filling, emptying or use of any liquefied petroleum gas
container, except by the owner or by a person authorized in writing
by the owner.

JUSTIFICATION:

Consumers have been enticed by unethical propane fuel dealers to
purchase propane fuel and have their propane tank serviced based on
misleading advertised prices. In these instances, where the propane
tank is owned by a different propane dealer than the dealer supplying
the fuel, there often is little regard for the safety and welfare of
the tank during the fueling transaction as well as no regard for the
safe handling and storage of the potentially hazardous fuel-endangering
both consumer and property (i.e. tank and consumer's residence).

As a result, propane consumers are defrauded and propane dealers
suffer damages resulting from the unauthorized use of their property
(i.e. propane tank) for which they remain responsible. This bill
seeks to protect the consumer and propane dealer which owns the
consumer's tank by limiting fuel transfers to the owner of the
propane tank or those authorized in writing by the owner of the
propane tank.

LEGISLATIVE HISTORY:

2009-2010: S.2481/A.2302 - Reported to Codes
2007-2008: S.5686A/A.8148 - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Effective immediately.

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

                                   773

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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
  delivery of liquefied petroleum gas

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of  section  192-e  of  the  agriculture  and
markets  law,  as  amended  by  chapter 679 of the laws of 1980 and such
section as renumbered by chapter 716 of the laws of 1989, is amended  to
read as follows:
  6. A. Each delivery of liquefied petroleum gas sold on a package basis
in  cylinders  or  containers to consumers and each delivery of such gas
from a vehicle tank or other vessel into tanks, cylinders or  containers
connected  to  consumer  apparatus  when  sale is based on a quantity so
delivered, shall be accompanied by a delivery ticket and duplicate ther-
eof. On such ticket and duplicate thereof shall be distinctly  expressed
in ink or other indelible substance the date of delivery, the net weight
or  volume of such liquefied petroleum gas delivered, the price per unit
of metric or customary measure, the total price, the name and address of
the seller and the name and address of the purchaser of  such  liquefied
petroleum gas; provided, however, that such delivery ticket need not set
forth  the  total  price  if  within five days after delivery the seller
provides the buyer with a written statement setting forth all the  fore-
going  information  including the total price. Delivery tickets shall be
serially numbered or the serial number  of  the  cylinder  or  container
shall  be  legibly  marked  on such delivery ticket. One of such tickets
shall be delivered to the person receiving the liquefied petroleum  gas,
and  the  other  ticket shall be retained by the seller of the liquefied
petroleum gas for  a  period  of  one  year  and  shall  be  subject  to
inspection by any weights and measures official within this time.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03452-01-1

S. 773                              2

  B. (I) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
FILL,  REFILL  OR  OTHERWISE  DELIVER  LIQUEFIED  PETROLEUM GAS INTO ANY
LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE WITH  A  WATER
CAPACITY  OF  MORE  THAN  TEN GALLONS, UNLESS THEY ARE THE OWNER OF SUCH
CYLINDER,  CONTAINER OR RECEPTACLE, OR A PERSON AUTHORIZED IN WRITING BY
SUCH OWNER.
  (II) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  SHALL
USE  ANY  LIQUEFIED  PETROLEUM  GAS CYLINDER, CONTAINER OR RECEPTACLE TO
CONTAIN ANY SUBSTANCE OTHER THAN LIQUEFIED PETROLEUM  GAS,  UNLESS  THEY
ARE  THE  OWNER  OF  SUCH CYLINDER, CONTAINER OR RECEPTACLE, OR A PERSON
AUTHORIZED IN WRITING BY SUCH OWNER.
  (III) EXCEPT IN THE CASE OF FIRE OR SAFETY EMERGENCY, NO PERSON, FIRM,
LIMITED LIABILITY COMPANY OR CORPORATION SHALL REMOVE LIQUEFIED PETROLE-
UM GAS FROM ANY LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR  RECEPTA-
CLE,  UNLESS  THEY ARE THE OWNER OF SUCH CYLINDER, CONTAINER OR RECEPTA-
CLE, OR A PERSON AUTHORIZED IN WRITING BY SUCH OWNER.
  S 2. This act shall take effect immediately.

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