senate Bill S6380

Requires a dealer of motor fuel engaged in method of payment pricing to clearly post the price differences based on the method of payment

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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

  • 21 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires a dealer of motor fuel engaged in method of payment pricing to clearly post the price differences based on the method of payment.

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Bill Details

See Assembly Version of this Bill:
A4612B
Versions:
S6380
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-eee, Gen Bus L

Sponsor Memo

BILL NUMBER:S6380

TITLE OF BILL: An act to amend the general business law, in relation
to requiring posting of method of payment pricing

SUMMARY OF SPECIFIC PROVISIONS:

This bill would add a new section 399-eee which will require a dealer
engaging in method payment pricing with respect to motor fuel, to post
such price differences, and require signage and selling prices be
posted so as to be clearly visible to the driver. This subdivision
would also require that any price differences due to payment directly
to the attendant or at the pump be clearly posted. Subdivision 2 would
authorize the Attorney General in the name of the people to recover
remedies provided by law or to enjoin or restrain the continuance of
such violations.

PURPOSE AND JUSTIFICATION:

The practice of charging different prices based on method of payment
is rampant in the motor fuel retail industry. Large signs advertising
one price to consumers are often not the price consumers actually pay
at the pump. New York State law requires that prices be attached to
the pump itself, with specific sign requirements; however, such laws
do not extend to large billboards commonly in use. In addition,
current law does not require posting of price differences. Therefore,
this bill would re quire gas stations to post accurate prices in a
visible manner for all prices charged.

EXISTING LAW:

New York State Agriculture and Markets Law (5 192) requires that any
device used for the dispensing of motor fuel include a sign which
states clearly the selling price per gallon of such motor fuel.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 90 days following enactment.

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

                                  6380

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring post-
  ing of method of payment pricing

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

  Section 1. The general business law is amended by adding a new section
399-eee to read as follows:
  S  399-EEE.  METHOD  OF  PAYMENT PRICE POSTING REQUIRED.   1. A RETAIL
OUTLET DEALER WHO OFFERS FOR SALE MOTOR FUEL OF LIKE GRADE OR QUALITY AT
DIFFERENT PRICES PER GALLON BASED ON THE MANNER IN WHICH A CUSTOMER PAYS
FOR THE MOTOR FUEL SHALL POST  THE  METHOD  OF  PAYMENTS  THAT  WILL  BE
ACCEPTED  TO  SECURE  EACH SALE PRICE AND THE MANNER IN WHICH DEBIT CARD
PAYMENTS WILL BE TREATED IN RELATION TO CASH PURCHASES AND  CREDIT  CARD
PURCHASES.    THE  REQUIRED  POSTING SHALL BE ATTACHED TO THE DISPENSING
DEVICE FROM WHICH SUCH MOTOR FUEL IS SOLD OR OFFERED FOR SALE. THE POST-
ING SHALL BE CLEARLY AND LEGIBLY WRITTEN WITH A HEIGHT OF AT LEAST THREE
AND A HALF INCHES. DEALERS SHALL ALSO POST METHOD OF PAYMENT PRICING  ON
ALL  SIGNAGE ADVERTISING MOTOR FUEL. SIGNAGE AND SELLING PRICES SHALL BE
POSTED SO AS TO BE CLEARLY VISIBLE TO THE DRIVER OF AN APPROACHING MOTOR
VEHICLE OR MOTORBOAT. WHEN A CONSUMER, TO OBTAIN THE LOWEST PRICE FOR  A
GRADE OF GAS, IS REQUIRED TO REQUEST IT FROM AN ATTENDANT OR AGENT, SUCH
SIGNAGE SHALL NOTIFY THE CONSUMER OF SUCH PRICE DIFFERENCE.
  2.  IN  ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, WHENEVER THERE
SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY  BE  MADE  BY  THE
ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A
COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN
INJUNCTION,  AND,  UPON  NOTICE  TO  THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND  IF
IT  SHALL  APPEAR  TO  THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
DEFENDANT HAS, IN FACT, VIOLATED THIS  SECTION,  AN  INJUNCTION  MAY  BE
ISSUED  BY  SUCH  COURT OR JUSTICE, ENJOINING OR RESTRAINING ANY FURTHER
VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
INJURED  OR DAMAGED THEREBY. IN ANY SUCH PROCEEDINGS, THE COURT MAY MAKE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08283-04-4

S. 6380                             2

ALLOWANCES TO THE ATTORNEY GENERAL  AS  PROVIDED  IN  PARAGRAPH  SIX  OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE  LAW  AND  RULES,  AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL
DETERMINE  THAT  A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
IMPOSE A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND  DOLLARS  FOR  EACH
VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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