Bill Text: NY S02481 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-06-08 - REPORTED AND COMMITTED TO CODES [S02481 Detail]

Download: New_York-2009-S02481-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2481
                              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
         delivery of liquefied petroleum gas
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 6 of  section  192-e  of  the  agriculture  and
    2  markets  law,  as  amended  by  chapter 679 of the laws of 1980 and such
    3  section as renumbered by chapter 716 of the laws of 1989, is amended  to
    4  read as follows:
    5    6. A. Each delivery of liquefied petroleum gas sold on a package basis
    6  in  cylinders  or  containers to consumers and each delivery of such gas
    7  from a vehicle tank or other vessel into tanks, cylinders or  containers
    8  connected  to  consumer  apparatus  when  sale is based on a quantity so
    9  delivered, shall be accompanied by a delivery ticket and duplicate ther-
   10  eof. On such ticket and duplicate thereof shall be distinctly  expressed
   11  in ink or other indelible substance the date of delivery, the net weight
   12  or  volume of such liquefied petroleum gas delivered, the price per unit
   13  of metric or customary measure, the total price, the name and address of
   14  the seller and the name and address of the purchaser of  such  liquefied
   15  petroleum gas; provided, however, that such delivery ticket need not set
   16  forth  the  total  price  if  within five days after delivery the seller
   17  provides the buyer with a written statement setting forth all the  fore-
   18  going  information  including the total price. Delivery tickets shall be
   19  serially numbered or the serial number  of  the  cylinder  or  container
   20  shall  be  legibly  marked  on such delivery ticket. One of such tickets
   21  shall be delivered to the person receiving the liquefied petroleum  gas,
   22  and  the  other  ticket shall be retained by the seller of the liquefied
   23  petroleum gas for  a  period  of  one  year  and  shall  be  subject  to
   24  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.
                                                                  LBD03151-01-9
       S. 2481                             2
    1    B. (I) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
    2  FILL,  REFILL  OR  OTHERWISE  DELIVER  LIQUEFIED  PETROLEUM GAS INTO ANY
    3  LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR RECEPTACLE WITH  A  WATER
    4  CAPACITY  OF  MORE  THAN  TEN GALLONS, UNLESS THEY ARE THE OWNER OF SUCH
    5  CYLINDER,  CONTAINER OR RECEPTACLE, OR A PERSON AUTHORIZED IN WRITING BY
    6  SUCH OWNER.
    7    (II) NO PERSON, FIRM, LIMITED LIABILITY COMPANY OR  CORPORATION  SHALL
    8  USE  ANY  LIQUEFIED  PETROLEUM  GAS CYLINDER, CONTAINER OR RECEPTACLE TO
    9  CONTAIN ANY SUBSTANCE OTHER THAN LIQUEFIED PETROLEUM  GAS,  UNLESS  THEY
   10  ARE  THE  OWNER  OF  SUCH CYLINDER, CONTAINER OR RECEPTACLE, OR A PERSON
   11  AUTHORIZED IN WRITING BY SUCH OWNER.
   12    (III) EXCEPT IN THE CASE OF FIRE OR SAFETY EMERGENCY, NO PERSON, FIRM,
   13  LIMITED LIABILITY COMPANY OR CORPORATION SHALL REMOVE LIQUEFIED PETROLE-
   14  UM GAS FROM ANY LIQUEFIED PETROLEUM GAS CYLINDER, CONTAINER OR  RECEPTA-
   15  CLE,  UNLESS  THEY ARE THE OWNER OF SUCH CYLINDER, CONTAINER OR RECEPTA-
   16  CLE, OR A PERSON AUTHORIZED IN WRITING BY SUCH OWNER.
   17    S 2. This act shall take effect immediately.