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.

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S773-2011 Actions

• Aug 1, 2012: VETOED MEMO.136
• Jul 20, 2012: DELIVERED TO GOVERNOR
• Jun 18, 2012: returned to senate
• Jun 18, 2012: passed assembly
• Jun 18, 2012: ordered to third reading rules cal.286
• Jun 18, 2012: substituted for a4055
• May 31, 2012: referred to agriculture
• May 31, 2012: DELIVERED TO ASSEMBLY
• May 31, 2012: PASSED SENATE
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.750
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 5, 2011: REFERRED TO AGRICULTURE

S773-2011 Meetings

Agriculture: May 15, 2012

S773-2011 Calendars

Active List: May 31, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012

S773-2011 Votes

S773-2011 Memo

BILL NUMBER:S773

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, 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.

LEGISLATIVE HISTORY:

2009-2010: S.2481/A.2302 - Reported to Codes
2007-2008: S.5686A/A.8148 - Passed Senate

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Effective immediately.

S773-2011 Text

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

                                     773

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  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.
                                                             LBD03452-01-1

 S. 773                              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.