S T A T E   O F   N E W   Y O R K
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                                  4402

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. CYMBROWITZ, CAHILL, MILLMAN, SCARBOROUGH, JAFFEE,
  ROBINSON -- Multi-Sponsored by -- M. of A. DenDEKKER, MARKEY, McENENY,
  PHEFFER, RUSSELL, SWEENEY, TOWNS, WEISENBERG -- 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:

  Section  1.  Section  396-x  of  the general business law, as added by
chapter 616 of the laws of 1984, is amended to read as follows:
  S 396-x. Gasoline stations; air pumps required. 1. Definition. As used
in this section: "dealer" shall mean any person owning  or  operating  a
premise  or  facility  with  four or more gas dispensing nozzles for the
retail sale of motor fuels for use in motor vehicles.
  2. Any dealer must provide on the premises where motor fuel is sold at
retail for use in motor vehicles  AND  MAKE  AVAILABLE  AT  NO  COST  TO
CUSTOMERS,  a functioning motor driven air compressor capable of inflat-
ing automobile tires [for use by customers], A GAUGE FOR  MEASURING  AIR
PRESSURE,  AND  WATER,  FOR  USE  IN SERVICING ANY MOTOR VEHICLE, during
hours in which such station is open for business.
  3. (A) Wilful failure to comply with the provisions  of  this  section
shall  subject  a dealer to a civil penalty of up to [twenty-five] FIFTY
dollars for each day such failure  occurs.  If  the  failure  to  comply
results  from the breakdown of the air compressor, the failure to repair
within a reasonable time shall constitute wilful conduct.
  (B) THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION MAY BE  ENFORCED
CONCURRENTLY  BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR
BY THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE
OF A MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL  MONEYS  COLLECTED  UNDER
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.
                                                           LBD07781-01-1
              

A. 4402                             2

  (C) NO DEALER SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN PARAGRAPH
(A)  OF THIS SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER RECEIV-
ING NOTIFICATION FROM THE  DIRECTOR  OF  A  MUNICIPAL  CONSUMER  AFFAIRS
OFFICE,  OR  THE  TOWN  ATTORNEY, CITY CORPORATION COUNSEL, OTHER LAWFUL
DESIGNEE  OF  A MUNICIPALITY OR LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF
ANY VIOLATION OF THIS SECTION, MAKES WHATEVER CHANGES ARE  NECESSARY  TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
  4.  EVERY  DEALER  IN THIS STATE SHALL DISPLAY, AT A CONSPICUOUS PLACE
ON, AT, OR NEAR THE DISPENSING APPARATUS, AT LEAST ONE  CLEARLY  VISIBLE
SIGN WHICH SHALL READ AS FOLLOWS: "NEW YORK LAW REQUIRES THIS STATION TO
PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
  IF  YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS
TOLL-FREE TELEPHONE NUMBER: 1(800)_____________." ALL LETTERS,  FIGURES,
OR NUMERALS ON SUCH SIGN, HOWEVER AFFIXED, MARKED, IMPRINTED, PLACED, OR
EMBOSSED,  SHALL  BE AT LEAST THREE-FOURTHS OF AN INCH IN HEIGHT AND ALL
LINES OR MARKS USED IN  THE  MAKING  OR  FORMING  OF  ALL  THE  LETTERS,
FIGURES,  OR  NUMERALS  WHICH  ARE  A PART OF THE SIGN SHALL BE AT LEAST
ONE-EIGHTH OF AN INCH IN WIDTH. AS USED IN THIS SUBDIVISION, "AUTOMOTIVE
PURPOSES" DOES NOT INCLUDE THE WASHING OF VEHICLES.
  S 2. Section 16 of the agriculture  and  markets  law  is  amended  by
adding a new subdivision 45 to read as follows:
  45.  (A)  THE DEPARTMENT SHALL, NO LATER THAN JANUARY FIRST, TWO THOU-
SAND TWELVE,  ESTABLISH  A  TOLL-FREE  TELEPHONE  NUMBER  FOR  RECEIVING
COMPLAINTS  RELATED  TO THE PROVISION OF FREE AIR AND WATER TO CUSTOMERS
OF GASOLINE STATIONS PURSUANT TO SECTION THREE HUNDRED  NINETY-SIX-X  OF
THE GENERAL BUSINESS LAW, AS ADDED BY CHAPTER SIX HUNDRED SIXTEEN OF THE
LAWS OF NINETEEN HUNDRED EIGHTY-FOUR, AND SUBDIVISION SIX OF SECTION ONE
HUNDRED  NINETY-TWO  OF  THIS  CHAPTER.  THE  TOLL-FREE TELEPHONE NUMBER
THEREBY ESTABLISHED SHALL BE PRINTED ON THE SIGN  REQUIRED  PURSUANT  TO
SUCH SECTION. THE TOLL-FREE NUMBER MAY BE AN EXISTING NUMBER ESTABLISHED
BY THE DEPARTMENT FOR RECEIVING INQUIRIES FROM CONSUMERS.
  (B)  EMPLOYEES OF THE DEPARTMENT, UPON NOTICE OF A COMPLAINT FORWARDED
PURSUANT TO THIS SECTION, OR BY  ANY  OTHER  MEANS,  SHALL  FORWARD  THE
CONTENTS  OF  SUCH  COMPLAINT  TO  THE APPROPRIATE MUNICIPALITY OR LOCAL
GOVERNMENT FOR THE PURPOSES OF ADDRESSING SUCH COMPLAINT.
  S 3. Subdivision 6 of section 192 of the agriculture and markets  law,
as  added  by  chapter  126  of  the laws of 1985, is amended to read as
follows:
  6. Gasoline stations; air pumps required. a. Definition.  As  used  in
this  subdivision:  "dealer" shall mean any person owning or operating a
premise or facility with four or more gas  dispensing  nozzles  for  the
retail sale of motor fuels for use in motor vehicles.
  b. Any dealer must provide on the premises where motor fuel is sold at
retail  for  use in motor vehicles AND MAKE AVAILABLE AT NO COST a func-
tioning motor driven air  compressor  capable  of  inflating  automobile
tires  [for  use  by customers], A GAUGE FOR MEASURING AIR PRESSURE, AND
WATER, FOR USE IN SERVICING ANY MOTOR VEHICLE,  during  hours  in  which
such station is open for business.
  c.  (I)  Wilful failure to comply with the provisions of this subdivi-
sion shall subject a dealer to a civil penalty of  up  to  [twenty-five]
FIFTY dollars for each day such failure occurs. If the failure to comply
results  from the breakdown of the air compressor, the failure to repair
within a reasonable time shall constitute wilful conduct.
  (II) THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION MAY BE ENFORCED
CONCURRENTLY BY THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE,  OR
BY THE TOWN ATTORNEY, CITY CORPORATION COUNSEL, OR OTHER LAWFUL DESIGNEE

A. 4402                             3

OF  A  MUNICIPALITY OR LOCAL GOVERNMENT, AND ALL MONEYS COLLECTED THERE-
UNDER SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
  (III)  NO  DEALER  SHALL BE GUILTY OF THE INFRACTION SPECIFIED IN THIS
SUBDIVISION IF THAT PERSON, WITHIN SEVEN DAYS AFTER RECEIVING  NOTIFICA-
TION  FROM  THE  DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR THE
TOWN ATTORNEY, CITY CORPORATION COUNSEL,  OTHER  LAWFUL  DESIGNEE  OF  A
MUNICIPALITY  OR  LOCAL GOVERNMENT, OR ATTORNEY GENERAL OF ANY VIOLATION
OF THIS SUBDIVISION, MAKES WHATEVER CHANGES ARE NECESSARY TO COMPLY WITH
THE REQUIREMENTS OF THIS SUBDIVISION.
  D. EVERY DEALER IN THIS STATE SHALL DISPLAY, AT  A  CONSPICUOUS  PLACE
ON,  AT,  OR NEAR THE DISPENSING APPARATUS, AT LEAST ONE CLEARLY VISIBLE
SIGN WHICH SHALL READ AS FOLLOWS: "NEW YORK LAW REQUIRES THIS STATION TO
PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS.
  IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL  THIS
TOLL  FREE  TELEPHONE NUMBER: 1 (800) __________." ALL LETTERS, FIGURES,
OR NUMERALS ON SUCH SIGN, HOWEVER AFFIXED, MARKED, IMPRINTED, PLACED, OR
EMBOSSED, SHALL BE AT LEAST THREE-FOURTHS OF AN INCH IN HEIGHT  AND  ALL
LINES  OR  MARKS  USED  IN  THE  MAKING  OR  FORMING OF ALL THE LETTERS,
FIGURES, OR NUMERALS WHICH ARE A PART OF THE  SIGN  SHALL  BE  AT  LEAST
ONE-EIGHTH  OF AN INCH IN WIDTH. AS USED IN THIS SUBDIVISION, AUTOMOTIVE
PURPOSES DOES NOT INCLUDE THE WASHING OF VEHICLES.
  S 4. This act shall take effect  April  1,  2012;  provided  that  the
department  of  agriculture  and  markets  shall establish the toll-free
telephone number as required by section two of this  act  on  or  before
January 1, 2012.