senate Bill S7422

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

  • 14 / May / 2014
    • REFERRED TO AGRICULTURE

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

Versions:
S7422
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §192, Ag & Mkts L; amd §94-a, Exec L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A1003A
2011-2012: A6173B, S3631B
2009-2010: S2649

Sponsor Memo

BILL NUMBER:S7422

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 OR GENERAL IDEA OF BILL: 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 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.

EFFECTIVE DATE: April 14, 2014.

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

                                  7422

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03834-06-3

S. 7422                             2

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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