Bill Text: NY A03386 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to requiring gasoline stations to provide free air pumps and water for use in servicing motor vehicles.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A03386 Detail]
Download: New_York-2019-A03386-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3386 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. CYMBROWITZ, CAHILL, JAFFEE -- Multi-Sponsored by -- M. of A. DenDEKKER -- read once and referred to the Committee on Economic Development AN ACT to amend the general business law and the agriculture and markets law, in relation to requiring gasoline stations to provide free air pumps and water for use in servicing motor vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 396-x of the general business law, as added by 2 chapter 616 of the laws of 1984, is amended to read as follows: 3 § 396-x. Gasoline stations; air pumps required. 1. Definition. As used 4 in this section: "dealer" shall mean any person owning or operating a 5 premise or facility with four or more gas dispensing nozzles for the 6 retail sale of motor fuels for use in motor vehicles. 7 2. Any dealer must provide on the premises where motor fuel is sold at 8 retail for use in motor vehicles and make available at no cost to 9 customers, a functioning motor driven air compressor capable of inflat- 10 ing automobile tires [for use by customers], a gauge for measuring air 11 pressure, and water, for use in servicing any motor vehicle, during 12 hours in which such station is open for business. 13 3. (a) Wilful failure to comply with the provisions of this section 14 shall subject a dealer to a civil penalty of up to [twenty-five] fifty 15 dollars for each day such failure occurs. If the failure to comply 16 results from the breakdown of the air compressor, the failure to repair 17 within a reasonable time shall constitute wilful conduct. 18 (b) The provisions of subdivision two of this section may be enforced 19 concurrently by the director of a municipal consumer affairs office, or 20 by the town attorney, city corporation counsel, or other lawful designee 21 of a municipality or local government, and all moneys collected under 22 this section shall be retained by such municipality or local government. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07357-01-9A. 3386 2 1 (c) No dealer shall be guilty of the infraction specified in paragraph 2 (a) of this subdivision if that person, within seven days after receiv- 3 ing notification from the director of a municipal consumer affairs 4 office, or the town attorney, city corporation counsel, other lawful 5 designee of a municipality or local government, or attorney general of 6 any violation of this section, makes whatever changes are necessary to 7 comply with the requirements of this section. 8 4. Every dealer in this state shall display, at a conspicuous place 9 on, at, or near the dispensing apparatus, at least one clearly visible 10 sign which shall read as follows: "NEW YORK LAW REQUIRES THIS STATION TO 11 PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS. 12 IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS 13 TOLL-FREE TELEPHONE NUMBER: 1(800)_____________." All letters, figures, 14 or numerals on such sign, however affixed, marked, imprinted, placed, or 15 embossed, shall be at least three-fourths of an inch in height and all 16 lines or marks used in the making or forming of all the letters, 17 figures, or numerals which are a part of the sign shall be at least 18 one-eighth of an inch in width. As used in this subdivision, "automotive 19 purposes" does not include the washing of vehicles. 20 § 2. Section 16 of the agriculture and markets law is amended by 21 adding a new subdivision 50 to read as follows: 22 50. (a) The department shall, no later than January first, two thou- 23 sand twenty, establish a toll-free telephone number for receiving 24 complaints related to the provision of free air and water to customers 25 of gasoline stations pursuant to section three hundred ninety-six-x of 26 the general business law, as added by chapter six hundred sixteen of the 27 laws of nineteen hundred eighty-four, and subdivision six of section one 28 hundred ninety-two of this chapter. The toll-free telephone number 29 thereby established shall be printed on the sign required pursuant to 30 such section. The toll-free number may be an existing number established 31 by the department for receiving inquiries from consumers. 32 (b) Employees of the department, upon notice of a complaint forwarded 33 pursuant to this section, or by any other means, shall forward the 34 contents of such complaint to the appropriate municipality or local 35 government for the purposes of addressing such complaint. 36 § 3. Subdivision 6 of section 192 of the agriculture and markets law, 37 as added by chapter 126 of the laws of 1985, is amended to read as 38 follows: 39 6. Gasoline stations; air pumps required. a. Definition. As used in 40 this subdivision: "dealer" shall mean any person owning or operating a 41 premise or facility with four or more gas dispensing nozzles for the 42 retail sale of motor fuels for use in motor vehicles. 43 b. Any dealer must provide on the premises where motor fuel is sold at 44 retail for use in motor vehicles and make available at no cost a func- 45 tioning motor driven air compressor capable of inflating automobile 46 tires [for use by customers], a gauge for measuring air pressure, and 47 water, for use in servicing any motor vehicle, during hours in which 48 such station is open for business. 49 c. (i) Wilful failure to comply with the provisions of this subdivi- 50 sion shall subject a dealer to a civil penalty of up to [twenty-five] 51 fifty dollars for each day such failure occurs. If the failure to comply 52 results from the breakdown of the air compressor, the failure to repair 53 within a reasonable time shall constitute wilful conduct. 54 (ii) The provisions of paragraph b of this subdivision may be enforced 55 concurrently by the director of a municipal consumer affairs office, or 56 by the town attorney, city corporation counsel, or other lawful designeeA. 3386 3 1 of a municipality or local government, and all moneys collected there- 2 under shall be retained by such municipality or local government. 3 (iii) No dealer shall be guilty of the infraction specified in this 4 subdivision if that person, within seven days after receiving notifica- 5 tion from the director of a municipal consumer affairs office, or the 6 town attorney, city corporation counsel, other lawful designee of a 7 municipality or local government, or attorney general of any violation 8 of this subdivision, makes whatever changes are necessary to comply with 9 the requirements of this subdivision. 10 d. Every dealer in this state shall display, at a conspicuous place 11 on, at, or near the dispensing apparatus, at least one clearly visible 12 sign which shall read as follows: "NEW YORK LAW REQUIRES THIS STATION TO 13 PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS. 14 IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS 15 TOLL FREE TELEPHONE NUMBER: 1 (800) __________." All letters, figures, 16 or numerals on such sign, however affixed, marked, imprinted, placed, or 17 embossed, shall be at least three-fourths of an inch in height and all 18 lines or marks used in the making or forming of all the letters, 19 figures, or numerals which are a part of the sign shall be at least 20 one-eighth of an inch in width. As used in this subdivision, automotive 21 purposes does not include the washing of vehicles. 22 § 4. This act shall take effect April 1, 2020; provided that the 23 department of agriculture and markets shall establish the toll-free 24 telephone number as required by section two of this act on or before 25 January 1, 2020.