senate Bill S1283A

Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 14 / Jun / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 14 / Jun / 2013
    • PRINT NUMBER 1283A

Summary

Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems.

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Bill Details

See Assembly Version of this Bill:
A1003A
Versions:
S1283
S1283A
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
General Business Law
Laws Affected:
Amd §192, Ag & Mkts L; amd §94-a, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6173B, S3631B, A6173B
2009-2010: S2649

Sponsor Memo

BILL NUMBER:S1283A

TITLE OF BILL: An act to amend the agriculture and markets law and
the executive law, in relation to protecting consumers from price
gouging and product tampering of gasoline

PURPOSE:

The purpose of this bill is provide consumers with a convenient and
accessible means of filing complaints regarding the practices of motor
fuel dealers.

SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 5 of section 192 of the
Agriculture and Markets Law to require motor vehicle fuel dealers to
post on dispensing devices a notice containing a toll-free consumer
complaint hotline.

Section two of the bill provides that the toll-free hotline shall be
established and maintained by the Department of Law.

JUSTIFICATION:

With the consistent rise of gas prices there is an added need for
consumers to feel they are still receiving an adequate product that
has been priced at a fair market value and has not been physically
tampered with. Consumers should know how and where to complain if they
feel their rights have been violated, and this information should be
readily available to consumers at the place of purchase/service.

PRIOR LEGISLATIVE HISTORY:

S.2649 02/26/09 Referred to Consumer Protection 01/06/10 Referred to
Consumer Protection 05/09/08 Referred to Consumer Protection 03/09/11
referred to consumer affairs and protection 01/04/12 referred to
consumer affairs and protection 03/15/12 amend and recommit to
consumer affairs and protection 03/15/12 print number 6173a 05/21/12
amend (t) and recommit to consumer affairs and protection 05/21/12
print number 6173b 05/31/12 reported referred to codes 06/11/12
reported referred to rules

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

April 1, 2014.

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

                                 1283--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the agriculture and markets law and the executive law,
  in relation to protecting consumers from  price  gouging  and  product
  tampering of gasoline

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
ture and markets law, as amended by chapter 101 of the laws of 1986,  is
amended to read as follows:
  a. It shall be unlawful for any person, firm or corporation to sell or
offer for sale at retail for use in internal combustion engines in motor
vehicles or motorboats any motor fuel unless such seller shall:
  (i)  post  and  keep  posted  on the dispensing device from which such
motor fuel is sold or offered for sale  a  sign  or  placard,  at  least
twelve  inches  in  height  and at least twelve inches in width, stating
clearly and legibly with the whole cent numerals at least nine inches in
height and at least two inches in width, the selling price per gallon of
such motor fuel; or
  (ii) where such individual pump or dispensing  device  dispenses  more
than  two  differently priced grades of motor fuel, only the highest and
lowest selling price per gallon of such motor fuel  dispensed  therefrom
must  be posted thereon in conformance with all other provisions of this
subdivision; or
  (iii) where  a  multiple  product  dispensing  device  is  capable  of
dispensing  multiple products at multiple prices, then the selling price
per gallon may be posted thereon with numerals at  least  one-half  that
height  and  one-half  that  width  required by subparagraph (i) of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03834-05-3

S. 1283--A                          2

paragraph, although numerals  representing  tenths  of  a  cent  may  be
displayed  at  no less than one-half those dimensions which disclose the
selling price per gallon of such motor fuel dispensed therefrom;
  (IV)  POST  AND  KEEP  POSTED ON THE DISPENSING DEVICE FROM WHICH SUCH
MOTOR FUEL IS SOLD OR OFFERED FOR SALE A SIGN OR PLACARD, OF A  SIZE  TO
BE  DETERMINED  BY  THE  COMMISSIONER,  STATING  CLEARLY AND LEGIBLY, IN
SUBSTANTIALLY SIMILAR FORM:
  NOTICE TO CONSUMERS: IF YOU HAVE A COMPLAINT REGARDING THIS  BUSINESS,
YOU MAY CALL THE FOLLOWING TOLL-FREE NEW YORK STATE HOTLINE: (INSERT THE
CURRENT  TELEPHONE  NUMBER  ESTABLISHED  BY  THE DEPARTMENT OF STATE FOR
RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
GRAPH A OF SUBDIVISION 3 OF SECTION 94-A OF THE EXECUTIVE LAW).
  The signs and selling prices shall be posted so as to be clearly visi-
ble to the driver of an approaching  motor  vehicle  or  motorboat.  The
name,  trade  name,  brand, mark or symbol, and grade of quality classi-
fication, if any of such motor fuel shall be  permanently  imprinted  on
said  motor  fuel  dispensing device. The provisions of this subdivision
shall not apply to a city, county, town or  village  which  has  already
enacted  and  continues  in effect a local law, ordinance, rule or regu-
lation in substantial conformity with this subdivision.  The  provisions
of  this  subdivision shall be enforced in the counties outside the city
of New York by the county or city director of weights and  measures,  as
the  case  may  be,  and  in  the  city of New York by the department of
consumer affairs.  THE COMMISSIONER, BY RULE, SHALL ESTABLISH  THE  SIZE
OF  THE  SIGN  OR PLACARD REQUIRED UNDER SUBPARAGRAPH (IV) OF THIS PARA-
GRAPH.
  S 2. Paragraph a of subdivision 3 of section 94-a of the executive law
is amended by adding a new subparagraph 16 to read as follows:
  (16) (I) NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, ESTABLISH
A TOLL-FREE TELEPHONE NUMBER FOR RECEIVING  COMPLAINTS  RELATED  TO  THE
RETAIL  SALE  OF  MOTOR  FUEL.  THE  TOLL-FREE NUMBER MAY BE AN EXISTING
NUMBER ESTABLISHED BY THE DEPARTMENT OF STATE  FOR  RECEIVING  INQUIRIES
FROM CONSUMERS.
  (II) EMPLOYEES OF THE DEPARTMENT OF STATE, UPON RECEIPT OF A COMPLAINT
FROM  A  CONSUMER  THROUGH  MEANS OF THE TOLL-FREE NUMBER ESTABLISHED IN
CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL  FORWARD  THE  CONTENTS  OF  SUCH
COMPLAINT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE APPROPRI-
ATE MUNICIPALITY OR LOCAL GOVERNMENT.
  S  3.  This  act  shall  take  effect April 1, 2014; provided that the
department of state shall establish the toll-free  telephone  number  as
required  by  section  two  of  this  act  on or before January 1, 2014;
provided further that, effective immediately, any rules and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be amended, promulgated  and/or  repealed
on or before such date.

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