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Senate Bill S3394

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 Senate Committee Consumer Protection Committee

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Bill Amendments

2009-S3394 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §199-o, Gen Bus L

2009-S3394 - 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-S3394 - Sponsor Memo

2009-S3394 - Bill Text download pdf 

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

                                  3394

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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
  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
PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF

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

2009-S3394A - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §199-o, Gen Bus L

2009-S3394A - 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-S3394A - Sponsor Memo

2009-S3394A - Bill Text download pdf 

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

                                 3394--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- 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
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION. WHENEVER THE COURT DETERMINES THAT A VIOLATION OF THIS SECTION HAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00696-04-0

2009-S3394B (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §199-o, Gen Bus L

2009-S3394B (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-S3394B (ACTIVE) - Sponsor Memo

2009-S3394B (ACTIVE) - Bill Text download pdf 

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

                                 3394--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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 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.
                                                           LBD00696-05-0

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