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Assembly Bill A3650

2009-2010 Legislative Session

Requires certain dealers engaged in the retail sale of motor fuel to itemize all federal, state and county taxes on customer receipts

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A3650 - Details

See Senate Version of this Bill:
S3394
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §199-o, Gen Bus L

2009-A3650 - Summary

Requires certain dealers engaged in the retail sale of motor fuel to itemize all federal, state and county taxes on customer receipts and to post a notice that such information is available on their receipt.

2009-A3650 - Bill Text download pdf 

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

                                  3650

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. KOON, JAFFEE, FIELDS, MAYERSOHN -- Multi-Spon-
  sored by -- M. of A.   CLARK,  EDDINGTON,  LANCMAN,  McENENY,  REILLY,
  TOWNS,  WEISENBERG  --  read  once  and  referred  to the Committee on
  Consumer Affairs and Protection

AN ACT to amend the general  business  law,  in  relation  to  requiring
  certain  dealers  engaged  in  the retail sale of motor fuel to post a
  list of all federal, state and county taxes that are included  in  the
  current motor fuel price

  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
199-o to read as follows:
  S 199-O. REQUIRE CERTAIN DEALERS TO POST A LIST OF TAXES  INCLUDED  IN
PRICE  OF  MOTOR FUEL. 1. ANY DEALER ENGAGED IN THE RETAIL SALE OF MOTOR
FUEL SHALL POST A LIST OF ALL FEDERAL, STATE AND COUNTY TAXES  THAT  ARE
INCLUDED IN THE CURRENT MOTOR FUEL PRICE.
  2.  WHENEVER  THERE IS A VIOLATION OF THIS SECTION, AN 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
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
PROCEEDING  HAS,  IN  FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION. WHENEVER THE COURT DETERMINES THAT A VIOLATION OF THIS SECTION HAS
OCCURRED,  THE  COURT  MAY  IMPOSE  A CIVIL PENALTY OF NOT MORE THAN ONE
THOUSAND DOLLARS  FOR  EACH  VIOLATION.  IN  CONNECTION  WITH  ANY  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00696-01-9

co-Sponsors

multi-Sponsors

2009-A3650A - Details

See Senate Version of this Bill:
S3394
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §199-o, Gen Bus L

2009-A3650A - Summary

Requires certain dealers engaged in the retail sale of motor fuel to itemize all federal, state and county taxes on customer receipts and to post a notice that such information is available on their receipt.

2009-A3650A - Sponsor Memo

2009-A3650A - Bill Text download pdf 

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

                                 3650--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. KOON, JAFFEE, FIELDS, MAYERSOHN -- Multi-Spon-
  sored by -- M. of A. CLARK, LANCMAN, McENENY, REILLY,  TOWNS,  WEISEN-
  BERG  --  read  once and referred to the Committee on Consumer Affairs
  and Protection -- recommitted to the Committee on Consumer Affairs and
  Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  general  business law, in relation to requiring
  certain dealers engaged in the retail sale of motor  fuel  to  itemize
  federal, state and county taxes on customer receipts

  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
199-o to read as follows:
  S 199-O. REQUIRE ITEMIZATION  OF  MOTOR  FUEL  TAXES.  1.  ANY  DEALER
ENGAGED  IN  THE  RETAIL  SALE  OF MOTOR FUEL SHALL ITEMIZE ALL FEDERAL,
STATE AND COUNTY TAXES THAT ARE INCLUDED IN THE CURRENT MOTOR FUEL PRICE
ON THE PRINTED RECEIPT PROVIDED TO CUSTOMERS.  SUCH  DEALER  SHALL  ALSO
POST  IN  A CONSPICUOUS LOCATION, A NOTICE TO CUSTOMERS THAT AN ITEMIZED
LIST OF ALL TAXES ON MOTOR FUEL IS AVAILABLE ON THEIR PRINTED RECEIPT.
  2. WHENEVER THERE IS A VIOLATION OF THIS SECTION, AN  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
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
PROCEEDING HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00696-02-0

co-Sponsors

multi-Sponsors

2009-A3650B (ACTIVE) - Details

See Senate Version of this Bill:
S3394
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Add §199-o, Gen Bus L

2009-A3650B (ACTIVE) - Summary

Requires certain dealers engaged in the retail sale of motor fuel to itemize all federal, state and county taxes on customer receipts and to post a notice that such information is available on their receipt.

2009-A3650B (ACTIVE) - Bill Text download pdf 

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

                                 3650--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of A. KOON, JAFFEE, FIELDS, MAYERSOHN -- Multi-Spon-
  sored by -- M. of A. CLARK, LANCMAN, McENENY, REILLY,  TOWNS,  WEISEN-
  BERG  --  read  once and referred to the Committee on Consumer Affairs
  and Protection -- recommitted to the Committee on Consumer Affairs and
  Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general  business  law,  in  relation  to  requiring
  certain  dealers  engaged  in the retail sale of motor fuel to itemize
  federal, state and county taxes on customer receipts

  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
199-o to read as follows:
  S  199-O.  REQUIRE  ITEMIZATION  OF  MOTOR  FUEL  TAXES. 1. ANY DEALER
ENGAGED IN THE RETAIL SALE OF MOTOR  FUEL  SHALL  ITEMIZE  ALL  FEDERAL,
STATE AND COUNTY TAXES THAT ARE INCLUDED IN THE CURRENT MOTOR FUEL PRICE
ON  ANY  PRINTED  RECEIPT  EVIDENCING  A MOTOR FUEL PURCHASE PROVIDED TO
CUSTOMERS AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.   SUCH  DEALER
SHALL ALSO POST IN A CONSPICUOUS LOCATION, A NOTICE TO CUSTOMERS THAT AN
ITEMIZED  LIST  OF ALL TAXES ON MOTOR FUEL IS AVAILABLE ON THEIR PRINTED
RECEIPT.  SUCH NOTICE SHALL BE NO LESS  THAN  NINE  INCHES  BY  FOURTEEN
INCHES USING LETTERS NO LESS THAN ONE-HALF INCH IN HEIGHT.
  2.  THE  ITEMIZED RECEIPT REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL DISCLOSE, IN A CLEAR AND CONSPICUOUS MANNER, THE AMOUNT OR
PERCENTAGE, AS THE CASE MAY BE, OF ALL APPLICABLE TAXES EXPRESSED AS THE
AMOUNT OR PERCENTAGE OF SUCH TAXES PER GALLON OF MOTOR FUEL DISPENSED.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE DEALERS  THAT
UTILIZE  MOTOR  FUEL  DISPENSING  DEVICES THAT ARE INCAPABLE OF PRINTING
RECEIPTS TO RETROFIT, OR OTHERWISE RENDER SUCH DEVICES CAPABLE OF PRINT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00696-03-0

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