senate Bill S2049A

Vetoed By Governor
2013-2014 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

view actions (26)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 vetoed memo.513
Nov 10, 2014 delivered to governor
Jun 11, 2014 returned to senate
passed assembly
ordered to third reading rules cal.139
substituted for a6804
May 05, 2014 referred to codes
delivered to assembly
passed senate
Mar 13, 2014 advanced to third reading
Mar 12, 2014 2nd report cal.
Mar 11, 2014 1st report cal.250
Jan 08, 2014 referred to agriculture
returned to senate
died in assembly
May 29, 2013 referred to agriculture
delivered to assembly
passed senate
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.452
Mar 15, 2013 print number 2049b
amend and recommit to agriculture
Feb 28, 2013 print number 2049a
amend and recommit to agriculture
Jan 09, 2013 referred to agriculture

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2049 - Bill Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S773
2009-2010: S2481

S2049 - Bill Texts

view summary

Prohibits the filling, emptying or use of any liquefied petroleum gas cylinder, container or receptacle with a capacity of more than 20 gallons, except by the owner thereof or by a person authorized in writing by such owner.

view sponsor memo
BILL NUMBER:S2049

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 lique-
fied petroleum gas container, except by the owner or by a person author-
ized 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 resi-
dence).

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: 2011,2012: S.773/A.4055Vetoed 2009,2010:
S.2481/A.2302 Reported to Codes 2007,2008: S 5686-A/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
________________________________________________________________________

                                  2049

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD06490-01-3

S. 2049                             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.

S2049A - Bill Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S773
2009-2010: S2481

S2049A - Bill Texts

view summary

Prohibits the filling, emptying or use of any liquefied petroleum gas cylinder, container or receptacle with a capacity of more than 20 gallons, except by the owner thereof or by a person authorized in writing by such owner.

view sponsor memo
BILL NUMBER:S2049A

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 over 100 gallons,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. This
will apply only to larger propane tanks over 100 gallons so that
smaller tanks used for everyday recreational use are not included.

LEGISLATIVE HISTORY:

2011,2012: 5.773/A.4055 Vetoed
2009,2010: S.2481/A.2302 Reported to Codes
2007,2008: S.5686-A/A.8148 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

Effective immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2049--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06490-02-3

S. 2049--A                          2

petroleum  gas  for  a  period  of  one  year  and  shall  be subject to
inspection by any weights and measures official within this time.
  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 ONE HUNDRED GALLONS, UNLESS THEY ARE THE OWNER OF
SUCH CYLINDER, CONTAINER OR RECEPTACLE, OR A PERSON AUTHORIZED IN  WRIT-
ING 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.

S2049B (ACTIVE) - Bill Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192-e, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S773
2009-2010: S2481

S2049B (ACTIVE) - Bill Texts

view summary

Prohibits the filling, emptying or use of any liquefied petroleum gas cylinder, container or receptacle with a capacity of more than 20 gallons, except by the owner thereof or by a person authorized in writing by such owner.

view sponsor memo
BILL NUMBER:S2049B

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 over 20 gallons, 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. This
will apply only to larger propane tanks over 20 gallons so that
smaller tanks used for everyday recreational use are not included.

LEGISLATIVE HISTORY: 2011,2012: Similar bill S.773/A.4055 Vetoed
2009,2010: S.2481/A.2302 Reported to Codes 2007,2008: S.5686-A/A.8148
Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2049--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06490-03-3

S. 2049--B                          2

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.
  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 TWENTY 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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