S T A T E O F N E W Y O R K
S. 3063 A. 3887
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 29, 2013
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to method of
payment pricing of gasoline
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 399-ee of the general busi-
ness law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
Zone pricing AND METHOD OF PAYMENT PRICING of gasoline prohibited.
S 2. Subdivision 1 of section 399-ee of the general business law is
amended by adding two new paragraphs (n) and (o) to read as follows:
(N) "METHOD OF PAYMENT" MEANS THE MANNER IN WHICH A CUSTOMER PAYS FOR
MOTOR FUEL AT A RETAIL OUTLET USING CASH, CHECK, DEBIT CARD, CREDIT CARD
OR A SIMILAR MEANS OF PAYMENT.
(O) "METHOD OF PAYMENT PRICING" MEANS DIFFERENCES IN THE PRICE PER
GALLON OF MOTOR FUEL OF LIKE GRADE OR QUALITY OFFERED FOR SALE OR SOLD
BY A RETAIL OUTLET BASED ON THE CUSTOMER'S METHOD OF PAYMENT.
S 3. Subdivision 3 of section 399-ee of the general business law is
renumbered subdivision 4 and a new subdivision 3 is added to read as
3. NO DEALER SHALL ENGAGE IN METHOD OF PAYMENT PRICING WITH RESPECT TO
ANY MOTOR FUEL OF LIKE GRADE OR QUALITY, EXCEPT THAT THE DEALER MAY
IMPOSE A CHARGE FOR THE USE OF A CREDIT OR DEBIT CARD IN AN AMOUNT NOT
TO EXCEED THE GREATER OF THE TRANSACTION FEE INCURRED BY THE DEALER FOR
PROCESSING THE CREDIT OR DEBIT CARD PURCHASE OR THREE PERCENT OF THE
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.