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Assembly Bill A10791

2017-2018 Legislative Session

Relates to automobile tire inflation machines

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Archive: Last Bill Status - In Assembly Committee

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2017-A10791 (ACTIVE) - Details

See Senate Version of this Bill:
S8807
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192, Ag & Mkts L; amd §396-x, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A5819, S4495

2017-A10791 (ACTIVE) - Summary

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

2017-A10791 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10791
 
                           I N  A S S E M B L Y
 
                               May 18, 2018
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred 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:

   Section 1. Paragraph b of subdivision 6 of section 192 of the agricul-
 ture and markets law, as added by chapter 126 of the laws  of  1985,  is
 amended to read as follows:
   b. Any dealer must provide on the premises where motor fuel is sold at
 retail for use in motor vehicles a functioning motor driven air compres-
 sor  capable  of  inflating automobile tires for use by customers during
 hours in which such station is open for business.   JURISDICTION IN  ALL
 MATTERS  PERTAINING  TO  THIS SUBDIVISION SHALL BE VESTED EXCLUSIVELY IN
 THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE OR  ANY  RULE  OR
 REGULATION  PROMULGATED  THERETO  GOVERNING  TIRE INFLATION OPERATION OR
 EQUIPMENT SHALL UPON THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF
 TWO  THOUSAND EIGHTEEN THAT AMENDED THIS PARAGRAPH BE PREEMPTED. NOTHING
 IN THIS SECTION SHALL BE  CONSTRUED  TO  RESTRICT  A  MUNICIPALITY  FROM
 ENFORCING  THE PROVISIONS OF THIS SUBDIVISION AS IT RELATES TO PROVIDING
 FUNCTIONING TIRE INFLATION EQUIPMENT AS REQUIRED BY THE COMMISSIONER.
   § 2. Subdivision 2 of section 396-x of the general  business  law,  as
 added by chapter 616 of the laws of 1984, is amended to read as follows:
   2. Any dealer must provide on the premises where motor fuel is sold at
 retail for use in motor vehicles a functioning motor driven air compres-
 sor  capable  of  inflating automobile tires for use by customers during
 hours in which such station is open for business.   JURISDICTION IN  ALL
 MATTERS  PERTAINING  TO  THIS SUBDIVISION SHALL BE VESTED EXCLUSIVELY IN
 THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE OR  ANY  RULE  OR
 REGULATION  PROMULGATED  THERETO  GOVERNING  TIRE INFLATION OPERATION OR
 EQUIPMENT SHALL UPON THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF
 TWO  THOUSAND EIGHTEEN THAT AMENDED THIS SUBDIVISION BE PREEMPTED. NOTH-
 ING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT A  MUNICIPALITY  FROM
 ENFORCING  THE PROVISIONS OF THIS SUBDIVISION AS IT RELATES TO PROVIDING
 FUNCTIONING TIRE INFLATION EQUIPMENT AS REQUIRED BY THE COMMISSIONER  OF
 AGRICULTURE AND MARKETS.

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